March 2021 • Volume 71 Number 3 MAGAZINE [email protected]
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PRSRT STD Riverside US POSTAGE County LAWYER PAID PERMIT #1054 Riverside County Bar Association RIVERSIDE, CA 4129 Main St., Ste. 100, Riverside, CA 92501 RCBA 951-682-1015 LRS 951-682-7520 March 2021 • Volume 71 Number 3 MAGAZINE www.riversidecountybar.com [email protected] IN THIS ISSUE IS NETFLIX’S I CARE A LOT A CAUtiONARY TALE ABOUT PREDATORY CONSERVATORS? HOPE I DIE BEFORE I GET OLD – WAS PETE TOWNSHEND WRONG? FOR EVERY WRONG THERE’S A REMEDY? WILL BRitNEY SPEARS EVER BE FREE? A GUIDE TO UNDERSTANDING CELEBRitY CONSERVATORSHipS THINGS TO KNOW ABOUT CRIMINAL ELDER ABUSE CAPAcitY ISSUES AND RISK FOR FINANciAL EXPLOitAtiON IN SENIORS ELDER ABUSE RESTRAINING ORDERS: A VitAL LEGAL TOOL FOR PROTEctiNG AND EMPOWERING CLIENTS THE ELDERLY CRIMINAL DEFENDANT The Official Publication of the Riverside County Bar Association A SIMPLE AND SUSTAINABLE PROGRAM SPECIFICALLY FOR LOW INCOME LAWYERS. Lawyers’ Mutual’s objective is to reach and protect as many California lawyers and their clients as possible. This innovative program is easy to apply for and designed to provide affordable coverage to solo practitioners who can warrant that their annual average revenue from professional legal services for two of the last three years was no more than $65,000. Accessible Simple & Sustainable Closing the Justice Gap Terms and conditions apply, including but not limited to the following: • Engaged in the practice of law for at least five years. • Area of Practice restrictions may apply. • Limits of liability $100K / $100K in the aggregate. • Solo practitioners only. • $750 annual premium.* • $250 deductible. *First year members will not receive prior acts coverage. Protect yourself. Protect your clients. Protect your future. www.lawyersmutual.com Our strength is your insurance Publications Committee Sophia Choi Sunny Huynh Donald Cripe Boyd Jensen Melissa Cushman Robyn Lewis Megan Demshki Juanita Mantz DW Duke Charlene Nelson CONTENTS Abram Feuerstein David Rivera Stefanie Field Alexandra Fong Nesa Targhibi Betty Fracisco Gabriel White Andrew Gilliland Jamie Wrage Columns: Amy Guldner Lisa Yang 3 ................................ President’s Message by Sophia Choi Editor .............................................. Jacqueline Carey-Wilson Copy Editor ...................................................... Juanita Mantz 4 ...........Barristers President’s Message by Goushia Farook Design and Production ........................... PIP Printing Riverside Cover Design ......Michal Sanca/Akkachai Thothubthai/Ljupco 25 .............................. Practicing Responsibly and Ethically: Smokovski/PIP Printing Riverside Representing Clients with Diminished Capacity Officers of the Bar Association by David Cantrell & Brad Zurcher President President-Elect Sophia H. Choi Neil D. Okazaki COVER STORIES: (951) 955-5400 (951) 826-5567 [email protected] [email protected] 6 ................................... Is Netflix’s I Care A Lot a Cautionary Vice President Chief Financial Officer Tale About Predatory Conservators? Lori Myers Kelly Moran by Mark Flory (949) 300-3596 (951) 955-6300 [email protected] [email protected] 8 ....Hope I Die Before I Get Old – Was Pete Townshend Wrong? Secretary Past President by Andrew Gilliland Mark A. Easter Jack B. Clarke, Jr. (951) 686-1450 (951) 686-1450 10 .....................................For Every Wrong There’s a Remedy? [email protected] [email protected] by George F. Dickerman Directors-at-Large Aaron L. Chandler Megan G. Demshki 12 ......................................... Will Britney Spears Ever Be Free? (951) 826-5567 (951) 534-4006 A Guide to Understanding Celebrity Conservatorships [email protected] [email protected] by Jack Osborn Chris A. Johnson Elisabeth A. Lord (951) 695-8700 (951) 684-9000 14 .......................... Things to Know About Criminal Elder Abuse [email protected] [email protected] by Maureen DuMouchel Executive Director Charlene Nelson 18 ... Capacity Issues and Risk for Financial Exploitation in Seniors (951) 682-1015 by Dr. Stacey Wood [email protected] 20 ...........................................Elder Abuse Restraining Orders: Officers of the Barristers Association A Vital Legal Tool for Protecting and Empowering Clients by Edith Angeliyan-Seitz President Treasurer 23 ............................................The Elderly Criminal Defendant Goushia Farook David Rivera by Monica Nguyen (951) 684-9000 Members-at-Large [email protected] Alejandro Barraza President-Elect Ankit Bhakta Michael Ortiz Kevin Collins Braden Holly Features: Secretary Brigitte Wilcox Lauren Vogt Past President 19 .......................Inland Counties Legal Services Needs Your Input Paul Lin by Darrell Moore 27 ............................................... Opposing Counsel - Jack Osborn Riverside County Bar Association by Betty Fraciso 4129 Main Street, Suite 100 Riverside, California 92501 Telephone Facsimile 951-682-1015 951-682-0106 Departments: Internet E-mail Calendar .................. 2 www.riversidecountybar.com [email protected] Membership . 28 Classified Ads ............. 28 Riverside Lawyer, March 2021 1 MISSION STATEMENT CALENDAR Established in 1894 March The Riverside County Bar Association, established in 1894 to foster 1 Civil Litigation Roundtable with social inter ac tion between the bench and bar, is a professional orga ni- Hon. Craig Riemer zation that provides con tinu ing education and offers an arena to resolve Zoom various prob lems that face the justice system and attorneys prac tic ing in Noon MCLE Riverside Coun ty. 9 Civil Litigation Section Noon – 1:15 p.m. RCBA Mission Statement Zoom Speaker: Hon. Raquel Marquez, Riverside The mission of the Riverside County Bar Association is: Superior Court To serve our members, our communities, and our legal system. Topic: “Riverside Superior Civil Division Update” MCLE Membership Benefits 12 General Membership Meeting Involvement in a variety of legal entities: Lawyer Referral Service Noon – 1:15 p.m. Zoom (LRS), Riverside Legal Aid, Fee Ar bitra tion, Client Re la tions, Dis pute Speaker: David Mann Res o lu tion Service (DRS), Barristers, Leo A. Deegan Inn of Court, Mock Topic: “Substance Abuse in the Legal Trial, State Bar Confer ence of Dele gates, Bridg ing the Gap, and the RCBA Profession: Prevention, Detection and Treatment” - Riverside Superior Court New Attorney Academy. MCLE – Competence Membership meetings monthly (except July and August) with key note 24 Estate Planning, Probate & Elder Law speak ers, and partic i pa tion in the many committees and sections. Section Eleven issues of Riverside Lawyer published each year to update you Noon – 1:15 p.m. Zoom on State Bar matters, ABA issues, local court rules, open forum for com- Joint meeting with San Bernardino mu ni ca tion, and timely busi ness matters. County Bar Association Social gatherings throughout the year: Installation of RCBA and Speaker: Hon. Tara Reilly, San Bernardino Superior Court Bar risters Of fic ers din ner, Law Day ac tiv i ties, Good Citizenship Award Topic: “New Odyssey Computer Software ceremony for Riv er side Coun ty high schools, and other special activities, Roll Out for Probate Cases” Continuing Legal Education brown bag lunches and section work shops. MCLE 25 Juvenile Law Section RCBA is a cer ti fied provider for MCLE programs. Noon – 1:15 p.m. Zoom Speakers: Jill Kent & Lynelle Hee Topic: “Delinquency: Bridging the The Riverside Lawyer is published 11 times per year by the Riverside County Gap Between Juvenile and Appellate Bar Association (RCBA) and is distributed to RCBA members, Riverside Proceedings” County judges and administrative officers of the court, community leaders MCLE and others interested in the advancement of law and justice. Advertising and an nounce ments are due by the 6th day of the month preceding publications (e.g., October 6 for the November issue). Articles are due no later than 45 Please see the calendar on the RCBA website days preceding publi ca tion. All articles are subject to editing. RCBA members (riversidecountybar.com) for information on receive a subscription au to mat i cal ly. Annual sub scrip tions are $30.00 and how to access the Zoom meetings. single copies are $3.50. Submission of articles and photographs to Riverside Lawyer will be deemed EVENTS SUBJECT TO CHANGE. to be authorization and license by the author to publish the material in the For the latest calendar information Riverside Lawyer. please visit the RCBA’s website at The material printed in the Riverside Lawyer does not necessarily reflect riversidecountybar.com. the opin ions of the RCBA, the editorial staff, the Publication Committee, or other columnists. Legal issues are not discussed for the purpose of answering spe cif ic questions. Independent research of all issues is strongly encouraged. 2 Riverside Lawyer, March 2021 traffic every day to where his company was located to provide a com- fortable living for his family. I really appreciate my parents’ efforts to ensure that I would never lose touch with my Korean heritage. While growing up, I was usually the only Korean at my schools. I met many people who did not know or even recognize Korean nationality. However, I grew up very proud of my Korean heritage. My parents had me only speak in Korean at home, exposed me to delicious Korean home-cooked meals, took us to Korea every year, and did everything they could to make both my sister and me feel proud of being Korean. Because of this upbringing, I never