Across the The Official publication of the Third Quarter 2015 San Joaquin County Bar Association

Civility in Lawyers’ Writing Pg. 6

Also In This Issue: » 2016 MCLE Masters Series Pg. 34 » An Uber-important Question: Independent Contractor or Employee? Pg. 13 » Healing the Psychological Wounds of Divorce Pg. 23 » Under Oath: Cathy Huston Pg. 29 » 2015 Retrospective The San Joaquin County Bar Association

San Joaquin county Bar Association Board of Governors and San Joaquin County Bar Foundation Board of Directors Moses Zapien...... President James Morris...... President-Elect Allan Jose...... Past President Erin Guy Castillo...... Secretary Nelson Bahler Lisa Miles Fugazi 20 North Sutter Street, Suite 300 Michael C. Belden Cheryl R. Jacobsen Stockton, CA 95202 Mia S. Brown Allison Lafferty (209) 948-0125 Alan Coon Zoey Merrill Fax: (209) 948-1361 Jenny D. Dennis Clifford W. Stevens www.sjcbar.org

San Joaquin County Bar Association ACROSS THE BAR COMMITTEE MEMBERS Rebekah Burr-Siegel, Michael R. Tener...... Editor/Chair Executive Director ...... [email protected] Janette Rossell Fernanda Pereira Mario Padron, Terry Costa Joseph Ferraro CAC Billing...... [email protected] Scott Rooker Ricardo Aranda Linda Mussat, Clifford Stevens Rebekah Burr-Siegel CAC Coordinator/ Deputy Dir...... [email protected] Dru Hunt Natalie Vernon Jennifer Riggs, MCLE Coordinator...... [email protected] Fatima Ruelas, To contact us via email - [email protected] LRS Intake...... [email protected] Natalie Vernon, Across the Bar is published quarterly by the Communications Coordinator...... [email protected] SJCBA. Subscription rate is included in LRS...... [email protected] membership dues, or $50 per year for non-members.

Across the Bar welcomes letters and article suggestions • from readers. The SJCBA reserves the right to edit comments or letters to the editor. Please send e-mail to [email protected].

San Joaquin County Bar Foundation Submissions and advertising deadline http://disputeresolution.sjcbar.org 1st of the month prior to publication. Submit your articles to [email protected]. Rebekah Burr-Siegel, Executive Director ...... [email protected] The opinions expressed in this publication are those Paula Turocy, of the authors only and do not necessarily reflect those Program Administrator...... [email protected] of the San Joaquin County Bar Association. The Carla Wolf, information contained in this publication is not intended Lead Mediator...... [email protected] as legal advice and may not be relied upon as such.

Page 2 Across the Bar Third Quarter 2015 Contents

13 6 11

16 18 21 23

33 28 29 34 Features 6 Civility in Lawyers' Writing Douglas E. Abrams 11 Recap: New Lawyers Reception 13 The Uber-Important Question: Independent Contrator or Employee? Ricardo Z. Aranda and Nicholas S. Seliger 16 Recap: Law Day Luncheon 18 New Courthouse Progress Rosa Junqueiro 21 Recap: SJCBA's 75th Anniversary Celebration 23 A Child Divided: Healing the Psychological Wounds of Divorce Dr. Thomas Maples 28 Recap: Annual Meeting and Luncheon 29 Under Oath: Cathy Huston Grey Galluzi 33 Recap: MCLE on Damages in Personal Injury Cases Susiejane Eastwood 34 Masters Series 2016 Departments 4 Editor’s Notes 40 Calendars & Member Events 43 Classifieds

Third Quarter 2015 Across the Bar Page 3 Editor’s Notes Michael R. Tener

n his well-researched feature article On a positive note, on page 27, the Young beginning on page 6, University of Lawyers Section of the San Joaquin County Bar Missouri law professor Douglas E. Abrams Association announces the award of its annual expounds on the need for civility in the legal scholarship to Mushel Kazmi, a member of the profession. Building upon observations University of the Pacific’s Pacific Legal Scholars Ifrom figures as wide-ranging as Justice Sandra Day program. O’Connor and President John F. Kennedy, Professor Later in this issue, Cathy Huston explains why Abrams illustrates how uncivil behavior not only her father is her hero, what bad behaviors bother her fails to persuade but tends to backfire. the most, and how she did performing for a New This issue also announces the 2016 Masters England Patriots pregame show. Grey Galluzi places Series, featuring a judge’s roundtable on best and Cathy "Under Oath" on page 29. worst courtroom practices, updates in probate and Finally, this issue contains Across the Bar’s 2015 employment law, basics courses on criminal law retrospective, recapping the New Lawyers Reception, and civil appeals, family law issues for the lesbian/ Law Day Luncheon, the San Joaquin County Bar gay/bisexual/transgender community following the Association’s 75th Anniversary Celebration and the U.S. Supreme Court’s recent decision recognizing Annual Meeting, all with photos. same-sex marriages, legal ethics, Americans with Across the Bar is available to SJCBA members Disabilities Act reforms, the admissibility of both electronically and in hard copy format. e-discovery, and identification of income of self- Members can access Across the Bar via e-mail and employed litigants for purposes of calculating In Brief; on SJCBA’s website, www.sjcbar.org; or support obligations. See page 39 for the Masters in their mailboxes. Please visit SJCBA’s website to Series registration form. review back issues of Across the Bar. Also in this issue, Ricardo “Richie” Aranda of The Across the Bar Committee is always Neumiller & Beardslee and University of the Pacific interested in new members and contributors. If you McGeorge School of Law student Nicholas Seliger are interested in writing for Across the Bar, please address an Uber-important question: whether Uber contact Michael Tener at [email protected]. drivers are independent contractors, as that company maintains, or whether they are Uber employees, as the California State Labor Commissioner recently Michael R. Tener is an attorney ruled. Richie and Nick tackle this intriguing with Neumiller & Beardslee in Stockton question of employment law on page 13. practicing civil and bankruptcy litigation. Contact Michael at (209) 948-8200 or Next, San Joaquin County Superior Court’s [email protected]. chief executive officer, Rosa Junqueiro, provides an illustrated update on the construction of the new Stockton courthouse beginning on page 18. This issue also examines one of the most devastating consequences of marital dissolution: the fear, confusion, and loss experienced by the children of divorcing couples. Beginning on page 23, Dr. Thomas Maples describes the trauma that these children may experience and offers important perspective for family law practitioners on the behaviors that can create or exacerbate lingering emotional and developmental problems for those children.

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Third Quarter 2015 Across the Bar Page 5 Civility in Lawyers' Writing Douglas E. Abrams Part III describes how incivility in writing can also compromise both the lawyer’s own personal enrichment and the lawyer’s professional standing among the bench and bar.

I. “[C]ivility is not a sign of weakness,” President John F. Kennedy assured Americans in his Inaugural Address in 1961 as he anticipated four years of face- offs with the Soviets.9 “Civility assumes that we will disagree,” says Yale law professor Stephen L. Carter, “[i]t requires us not to mask our differences few years ago, American Bar but to resolve them respectfully.”10 The advice Association President Stephen prevails, regardless of whether incivility pits lawyer N. Zack decried the legal on lawyer, or whether it pits lawyer against the court. profession’s “continuing slide Each of the two manifestations of incivility warrants into the gutter of incivility.”1 An a representative example here. ABAA resolution “affirm[ed] the principle of civility as a foundation for democracy and the rule of law, Lawyer-On-Lawyer Incivility and urge[d] lawyers to set a high standard for civil When Chief U.S. Bankruptcy Judge Terrence L. discourse.”2 Michael (N.D. Okla.) recently considered whether The ABA initiative echoes federal and state to approve a compromise in In re Gordon, the courts that call civility “a linchpin of our legal contending lawyers in the Chapter 7 proceeding system,”3 a “bedrock principle,”4 and “a hallmark detoured into written lawyer-on-lawyer invective.11 of professionalism.”5 Justice Anthony M. Kennedy In a filing to support its motion to compel says that civility “defines our common cause in discovery from the bankruptcy trustee in Gordon, advancing the rule of law.”6 Chief Justice Warren the lawyer for creditor Commerce Bank charged E. Burger called civility a “lubricant that prevent[s] that the trustee and the United States had engaged in lawsuits from turning into combat.”7 Courtesy “is “a pattern… to avoid any meaningful examination an essential element of effective advocacy,” agrees of the legal validity of the litigation plan they have Justice John Paul Stevens.8 concocted to bring… a series of baseless claims.”12 The adversary system’s pressures can strain “[T]hey know,” the bank’s lawyer continued, “that the tone and tenor of a lawyer’s oral speech, but a careful examination of the process will show the the strain on civility can be especially great when several fatal procedural flaws that will prevent these lawyers write. Words on paper arrive without the claims from being asserted.”13 “Only by sweeping facial expression, tone of voice, body language, and these issues under the rug will the trustee be able contemporaneous opportunity for explanation that to play his end game strategy of asserting wild can soothe face-to-face communication. Writing claims… in hopes of coercing Commerce Bank into appears cold on the page, dependent not necessarily a settlement (which the Trustee hopes will generate on what the writer intends or implies, but on what significant contingency fees for himself).”14 readers infer. The trustee charged that the bank’s lawyer had This article is in three parts. Part I describes impugned his character with accusations that he had two manifestations of incivility: a lawyer’s written compromised his fiduciary obligations for personal derision of an opponent, and a lawyer’s written gain. Judge Michael denied the trustee’s sanctions disrespect of the court. Part II describes how motion on procedural grounds, but he chastised the either manifestation can weaken the client’s cause. bank’s lawyer because “personal and vitriolic

Page 6 Across the Bar Third Quarter 2015 accusations have no place as part of a litigation II. strategy.”15 The court instructed the parties to Incivility’s Costs to the Client “leave the venom at home”16 because “[w]hether Lawyers whose writing descends into incivility you like (or get along well with) your opposition risk weakening the client’s cause, perhaps has little to do with the merits of a particular case.”17 irreparably. The Chief Justice of the Maine Supreme Some courts have moved beyond instruction. In Court confides that “[a]s soon as I see an attack of the exercise of inherent authority, these courts have any kind on the other party, opposing counsel, or sanctioned lawyers, or have denied attorneys’ fees, the trial judge, I begin to discount the merits of the for incivility.18 Some courts have even sanctioned argument.”23 As they determine the parties’ rights the client who, having retained the lawyer, bears and obligations by applying fact to law, perhaps some responsibility for the lawyer’s conduct.19 judges sometimes react this way because civility projects strength and incivility projects weakness. Lawyer-on-Court Incivility “Rudeness is the weak man’s imitation of strength,” Gordon’s written recriminations pitted counsel said philosopher Eric Hoffer.24 against counsel, but lawyers sometimes venture The lawyer’s first step toward civility may be into incivility that disrespects judges and the court. an early candid talk with the client, who may feel Every appeal involves at least one party who grievously wronged and may believe that the surest believes that the lower court reached an incorrect path to vindication is representation by a junkyard outcome, but few judges deserve criticism for dog waiting to be unleashed. The client’s instincts incompetence. Lawyers for aggrieved parties are may stem from movies and television dramas, whose more likely to receive a serious hearing (and more portrayals of lawyers sometimes sacrifice realism for likely to perform their roles as officers of the court) entertainment. by firmly, forcefully, but respectfully arguing a Without this early talk, the client may mistake judge’s good faith misapplication of the law to the the lawyer’s civility for meekness, and courtesy for facts, rather than by resorting to insinuations about concession. The client needs to understand that a the judge. take-no-prisoners strategy can disgust any decision Insinuations surfaced during the federal district maker who shares the sensibilities expressed by the court’s review of the magistrate judge’s report Justices and judges quoted above. One Illinois trial and recommendation in In re Photochromic Lens judge recently had this advice for lawyers: “No judge Antitrust Litigation.20 A party’s lawyer contended has ever been heard to endorse or encourage the that the magistrate judge was “misled” concerning use [of mean-spirited] writing. Not one. You may relevant legal standards, and that the judge made feel better writing it and your client may feel better her recommendation without “any reference to the reading it, but your audience is the judge, and judges voluminous underlying record.” The lawyer further abhor it.”25 Judicial abhorrence scores the client no contended that she “conducted no analysis, much points. less a ‘rigorous analysis,’” and decided “based Justice Sandra Day O’Connor says that, “It is on no evidence, a superficial misreading of the enough for the ideas and positions of the parties evidence, or highly misleading evidence.”21 to clash; the lawyers don’t have to.”26 “It isn’t The district court approved the magistrate necessary to say anything nasty about your adversary judge’s recommendation and report in significant or to make deriding comments about the opposing part, but did not stop there. The court also publicly brief,” adds Justice Ruth Bader Ginsburg, who says reprimanded the lawyer for crossing the line: “It is that such comments “are just distractions. You disrespectful and unbecoming of a lawyer to resort should aim to persuade the judge by the power of to such language, particularly when directed toward your reasoning and not by denigrating the opposing a judicial officer. Its use connotes arrogance, and side…. If the other side is truly bad, the judges are reflects an unprofessional, if not immature litigation smart enough to understand that; they don’t need the strategy of casting angry aspersions rather than lawyer’s aid.”27 addressing the merits… in a dignified and respectful Judges are not alone in advancing civility for manner.”22 projecting strength. John W. Davis, perhaps the

Third Quarter 2015 Across the Bar Page 7 20th century’s greatest Supreme Court advocate, when the court shined the spotlight. understood his judicial audience. “Controversies “Just as lawyers gossip about judges and most between counsel,” he wrote, “impose on the court litigators have a ‘book’ on the performances of trial the wholly unnecessary burden and annoyance of judges, we judges keep our own book on litigators preserving order and maintaining the decorum of who practice before us,” confides one federal district its proceedings. Such things can irritate; they can judge.37 During my judicial clerkship, I learned never persuade.”28 early that when many judges pick up a brief or other submission, they look first for the writer’s name. A III. writer with a track record for civil, candid, forceful Incivility’s Costs to the Lawyer advocacy gets a head start; a writer who has fallen Aside from compromising the client’s interests, short must make up lost ground. incivility can damage the lawyer’s own personal Incivility brings tarnish, but civility brings enrichment and professional standing. Incivility luster. Justice Kennedy calls civility “the mark “takes the fun from the practice of law,” says Judge of an accomplished and superb professional.”38 A Duane Benton of the U.S. Court of Appeals for the veteran federal district judge concurs: “The lawyers Eighth Circuit.29 “Being a lawyer can be pleasant or who are the most skillful tend to be reasonably unpleasant,” explains Judge William J. Bauer of the civil lawyers because they project an image of self- U.S. Court of Appeals for the Seventh Circuit, who confidence. They don’t have to stoop to the level of adds that “[w]hen we treat each other and those with acrimony.”39 whom we have professional contact with civility, Even without public rebuke or other disdain from patience and even kindness, the job becomes more the bench, word gets around. In cities, suburbs pleasant and easier.”30 and outstate areas alike, the bench and bar usually Moving from the lawyer’s personal enrichment remain bound by mutual relationships, word of to professional standing, the Preamble to the ABA mouth, recollections, and past experiences. Lawyers Model Rules of Professional Conduct recites “the with sterling reputations for civility stand a better lawyer’s obligation zealously to protect and pursue chance of receiving civility in return. Sooner or a client’s legitimate interests, within the bounds of later, for example, a lawyer may need a stipulation, the law, while maintaining a professional, courteous, consent to a continuance, or similar accommodation and civil attitude toward all persons involved in the from opposing counsel or the court. Like other legal system.”31 Model Rule 8.4(d) operates against people, lawyers get what they give. “conduct that is prejudicial to the administration of In a challenging employment market, maintaining justice.”32 a reputation for civility can also enhance a lawyer’s The Model Rules’ spotlight on professional professional mobility. Lawyers sometimes receive obligation is fortified by commands for civility appealing lateral job offers from a nearby public- in federal and state court rules;33 state admissions or private-sector adversary who respects not only oaths;34 and unofficial codes that some professional their competence, but also their professionalism. organizations maintain for their member lawyers.35 Being smart is not enough. Plenty of lawyers are The ABA Model Code of Judicial Conduct imposes smart, but fewer lawyers earn respect for genuine reciprocal obligations of civility on judges in the professionalism as they seek the best possible performance of their official duties.36 outcomes for their clients. Because few Americans These professional commands and expectations (including few lawyers) spend their entire careers mean that descent into incivility can damage the with their first employer, enhanced lateral mobility lawyer’s reputation with judges and others lawyers. can be a significant reward for unswerving The damage seems greatest when the court’s opinion commitment to an honorable law practice. calls out the offending lawyer publicly, either by As members of a largely self-governing name or by leaving the lawyer readily identifiable profession devoted to the rule of law,40 lawyers from the appearances listed atop the opinion. In the are judged by expectations sometimes higher than two decisions featured in Part I of this article, the the expectations that judge other professionals. offenders may have had belated second thoughts President Theodore Roosevelt said that “[c]ourtesy

Page 8 Across the Bar Third Quarter 2015 is as much a mark of a gentleman as courage.”41 16 Id. at 830-31. “The greater the man, the greater courtesy,” wrote 17 Id. at 830. 18 British Poet Laureate Alfred, Lord Tennyson in his G.M. Filisko, You’re OUT OF ORDER!, 99 A.B.A.J. 32 (Jan. 2013); Wescott Agri-Prods, Inc., supra note 5, at 1095-96 42 epic poem, Idylls of the King. (citation omitted). The greater the lawyer too. 19 See, e.g., Wescott Agri-Prods, Inc., supra note 4, at 1096 (citation omitted). 20 Conclusion: The Will to Win No. 8:10-md-02173-T-27EAJ, 2014 WL 1338605 (M.D. Fla. “All advocacy involves conflict and calls for the Apr. 3, 2014). 21 Id. at *1 n.1. will to win,” said New Jersey Supreme Court Chief 22 Id. Justice Arthur T. Vanderbilt, but the will to win is 23 Leigh Ingalls Saufley, Amphibians and Appellate Courts, 14 only one ingredient of professionalism. Advocates, Maine B.J. 46, 49 (Jan. 1999). he added, also “must have character,” marked by 24 Eric Hoffer, The Passionate State of Mind: And Other “certain general standards of conduct, of manners, Aphorisms (1955). 25 Naomi Kogan Dein, The Need for Civility in Legal Writing, 43 and of expression.” One prime marker of an 21 CBA Record 54 (Feb./Mar. 2007) (quoting Judge Michael advocate’s character is civility. B. Hyman). Civility in advocacy resembles sportsmanship 26 Sandra Day O’Connor, Professionalism, 76 Wash. U. L.Q. 5, in athletics. Sportsmanship presumes that each 9 (1998). 27 athlete wants to win within the rules of the game; Interviews with United States Supreme Court Justices: Justice Ruth Bader Ginsburg, 13 Scribes J. Leg. Writing 133, a sportsmanlike athlete who does not care about 142 (2010) (quoting Justice Ginsburg) (italics in original). winning should not play. Civility similarly 28 John W. Davis, The Argument of an Appeal, 26 A.B.A.J. 895, presumes that each advocate wants to win within the 898 (1940). rules of professionalism; a civil advocate who does 29 Duane Benton, Chief Justice’s Address to Members of the not care about winning should not represent a client. Missouri Bar, Sept. 24, 1998, 54 J. Mo. Bar 302, 302 (1998). 30 J. Timothy Eaton, Civility, Judge Bauer and the CBA, 28 Civility and forceful advocacy, like sportsmanship CBA Record 8 (2014) (quoting Judge Bauer; citation omitted). and forceful athleticism, define the total package. 31 ABA Model Rules of Prof’l Conduct, Preamble [9] (2015). 32 Id., R. 8.4(d) (2015). 33 E.g., Standards for Professional Conduct Within the Seventh This article originally appeared in Precedent, a Federal Judicial Circuit 120-21, 123 (2013). 34 Filisko, supra note 18 (quoting S.C. oath). publication of the Missouri Bar. 35 See, e.g., Am. Bd. of Trial Advocates’ Principles of Civility, Integrity, and Professionalism, https://www.abota.org/index. 1 Podgers (ed.), From Many Voices, a Call for Public Civility, cfm?pg=Civility. 97 A.B.A.J. 58, 58 (Sept. 2011) (quoting Zack). 36 ABA Model Code of Judicial Conduct R. 2.8(B) (2015). 2 Id. 37 Aspen, supra note 8, at 96. 3 Wilson v. Airtherm Prods., Inc., 436 F.3d 906, 912 n.5 (8th 38 Louis H. Pollak, supra note 6 (quoting Justice Kennedy). Cir. 2006). 39 Laura Castro Trognitz, Bench Talk, 86 A.B.A.J. 56 (Mar. 4 Wescott Agri-Prods, Inc. v. Sterling State Bank, Inc., 682 F.3d 2000) (quoting Judge John G. Koeltl, S.D.N.Y.). 1091, 1096 (8th Cir. 2012). 40 ABA Model Rules of Prof’l Conduct, Preamble [10] (2015). 5 Cardello v. Cardello, No. FA020088156S, 2002 WL 41 Cliff Sain, Earth’s Atmosphere, Springfield (Mo.) News- 31875435 * 1 (Conn. Super. Ct. Dec. 4, 2002). Leader, Feb. 26, 2008, at 3C (quoting Roosevelt). 6 Louis H. Pollak, Professional Attitude, 84 A.B.A.J. 66, 66 42 Alfred, Lord Tennyson, Idylls of the King, The Last (Aug. 1998) (quoting Justice Kennedy). Tournament (1859-85). 7 Warren E. Burger, The Necessity for Civility, 52 F.R.D. 211, 43 Arthur T. Vanderbilt, Forensic Persuasion, 7 Wash. & Lee L. 214-15 (1971). Rev. 123, 130 (1950). 8 Marvin E. Aspen, Let Us Be “Officers of the Court,” 83 A.B.A.J. 94, 96 (July 1997) (quoting Justice Stevens). Douglas E. Abrams, a University 9 Joint Congressional Comm. on Inaugural Ceremonies, of Missouri law professor, has written Address by John F. Kennedy, 1961 (Jan. 20, 1961). or co-authored five books. Four U.S. 10 Stephen L. Carter, Civility 132 (1998). Supreme Court decisions have cited his 11 484 B.R. 825 (N.D. Okla. 2013). law review articles. 12 In re Gordon, 484 B.R. 825, 827 (N.D. Okla. 2013). 13 Id. 14 Id. at 827-28. 15 Id. at 828.

Third Quarter 2015 Across the Bar Page 9  C   J     S

B    A    The Probate, Trust & Estate Planning Section Annual Meeting & Holiday Luncheon Monday, December 7, 2015 12:00 - 1:30 pm French 25 110 N. El Dorado Street Stockton, California Free for Section Members $25 for Non-Members

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Page 10 Across the Bar Third Quarter 2015 New Lawyers Reception February 3, 2015 at the Bank of Stockton he Bank of Stockton hosted a reception on February 3 honoring the newest members of the San Joaquin County legal profession. Attorneys who passed the California State Bar Exam gathered with Tmore than 125 family members, veteran lawyers and judges at the Bank of Stockton headquarters on Miner Avenue in Stockton.

The keynote speaker for the evening was San Joaquin County District Attorney Tori Verber-Salazar. Michael R. Tener was presented the 2014 Outstanding New Lawyer Award by Erin Guy Castillo.

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4 Clockwise from top left: 1. Honorable Michael J. Mulvihill; 2. Keynote speaker Tori Verber-Salazar, San Joaquin County's District Attorney; 3. Michael R. Tener presented with the 2014 Outstanding New Lawyer Award by 2013 recipient Erin Guy Castillo; 4. The 2015 New Lawyers; 5. Mr. Tener and his family.

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Page 12 Across the Bar Third Quarter 2015 The Uber-Important Question: Independent Contractor or Employee? Ricardo Z. Aranda and Nicholas S. Seliger of whether Ms. Berwick was an employee or an independent contractor by reiterating the presumption in California that, where there is a question as to whether an independent contract or employment relationship exists, there is an inference of “employment” if personal services are performed as opposed to business services. The Labor Commissioner then applied the “economic realities” test adopted by the California Supreme Court in S. G. Borello & Sons, Inc. v. Dept. of Industrial Relations he California State Labor (1989) 48 Cal.3d 341. Under the “economic Commissioner’s Office recently issued realities” test, the most significant factor considered a ruling that is likely to be an Uber- is whether the person to whom service is rendered headache for the industry’s employers (i.e. the employer) has control or the right to control (while possibly providing a *Lyft* to the worker, both as to the work done and the manner Tthe industry’s drivers). What industry is that? It and means in which it is performed. depends whom you ask. Uber argued that it exercised little control over On the one hand, companies like Uber say they Ms. Berwick’s actions as it did not control her are a software company—the developer of a popular hours or the number of trips she made. However, app that matches people who need transportation the Labor Commissioner, relying on S. G. Borello with drivers who are available to give rides. But & Sons, reasoned that it is not necessary that a if you ask some of the drivers, like Barbara Ann principal exercise complete control over a worker’s Berwick, these “software companies” are in the activity in order for the worker to be considered an transportation industry, essentially operating a taxi employee, especially when the work does not require service. a high degree of skill and it is an integral part of the employer’s business. The Labor Commissioner Berwick v. Uber found that by obtaining clients in need of service Ms. Berwick worked as a driver for Uber (her and providing workers to conduct its business, Uber contract with Uber refers to her as an “Independent retained all necessary control over the operation as Transportation Provider”) from July 2014 through a whole. Further, Ms. Berwick’s work was integral September 2014. She used her personal vehicle to to Uber’s business in that she, and all drivers, transport riders who requested her services through actually transported the customer that Uber provided: the Uber app, driving an estimated 1-2 hours per day “Without drivers such as [Ms. Berwick, Uber’s] for 49 days, also incurring additional expenses such business would not exist.” as bridge tolls and parking tickets while working. The Commissioner further found that Uber was On September 16, 2014, Ms. Berwick filed involved in every aspect of the operation: Uber vets a claim with the Labor Commissioner’s office prospective drivers, who must provide Uber with to recover expenses under Labor Code section their personal banking information, their residence 2802, which requires employers to reimburse its address, and their Social Security Numbers; drivers employees for any necessary expenses reasonably are not allowed to use Uber without submitting incurred in their duties. Uber argued that Ms. and passing background and Department of Motor Berwick was an independent contractor and Vehicles checks; Uber controls the tools the drivers therefore not entitled to be reimbursed for her use by requiring registration of cars and establishing expenses. certain requirements for the cars being used; and The Labor Commissioner began its analysis only those registered drivers may use the Uber Third Quarter 2015 Across the Bar Page 13 application. The passengers pay a set price for the payments for unemployment insurance, disability trip and Uber pays the driver a non-negotiable fee. insurance, or Social Security. The only assets that the plaintiff provided were her An employer who misclassifies its workers car and her labor. Ms Berwick’s work did not entail as independent contractors rather than employees any managerial skills that could affect profit or loss runs the risk of being liable for unpaid wages, and she had no investment in the business. Thus, reimbursement of expenses, and associated penalties. the Labor Commissioner found, Ms. Berewick was All employers, whether they employ over 160,000 providing personal services as distinguished from drivers nationwide or operate on a smaller scale, business or management services. should be cautious when deciding to treat a worker Accordingly, the Labor Commission found as an independent contractor and seek legal advice if that Ms. Berwick was Uber’s employee and not an they are unsure. independent contractor, entitling her reimbursement of expenses totaling approximately $4,000.00. Endnotes 1 In September 2015, the San Francisco Superior Court rejected Determining Employee or Independent Uber’s attempt to compel arbitration of the matter. 2 The Court certified the class pursuing claims that Uber failed Contractor Status to pass tips on to employees in violation of Labor Code § 351, The Uber decision highlights a common but denied certification of a class action with regard to claims and tricky legal employment issue—classifying for reimbursement of expenses under Labor Code § 2802. workers as employees or independent contractors. There is no set definition of the term “independent Ricardo Aranda is an attorney contractor” in California and the determination with Neumiller & Beardslee practicing depends on a number of factors. Notably, the fact employment law and civil litigation. that the employer has a written agreement stating Contact Ricardo at (209) 948-8200 or that the worker is an “independent contractor” [email protected]. or that the employer issues the worker a 1099 form rather than a W-2 does not determine the relationship. The Labor Commissioner and courts will look beyond any such facts and examine the facts that characterize the parties’ actual relationship. (Borello, supra, 48 Cal.3d at 349.)

Aftermath and Implications Uber is appealing the Labor Commissioner’s decision.1 Even though this ruling is small in terms of dollar value and only applies to one driver, in it could open the door to larger lawsuits in the future. In fact, in September 2015, United States District Court Judge Edward M. Chen certified a class-action lawsuit by Uber drivers alleging unfair business

practices. (O’Connor v. Uber Technologies, Inc., Neumiller & Beardslee wishes to thank all of you 2 2015 WL 5138097 (N.D. Cal. Sept. 1, 2015).) who contribute to the success of Across The Bar. As employees, workers have the benefit and protections of California’s wage and hour laws We specifically thank Editor Michael R. Tener, (e.g., minimum wage, overtime, meal periods and a litigation attorney with our firm who exemplifies rest breaks, etc.), anti-discrimination laws, and our firm’s 112-year-old values, providing the best retaliation laws, whereas independent contractors service to our clients and community. do not. Additionally, employers do not have to

cover independent contractors under workers’ 509 W. Weber Avenue - 5th Floor | Stockton, CA 95203 compensation insurance and are not liable for 209.948.8200 | neumiller.com

Page 14 Across the Bar Third Quarter 2015 The Young Lawyers Section Holiday Mixer & Annual Meeting Wednesday, December 9, 2015 5:30 pm - 7:30 pm Kress Legal Center Lobby 20 N. Sutter Street • Stockton, California

For more information, This event is generously please contact Jason Chong at sponsored by [email protected]

Third Quarter 2015 Across the Bar Page 15 Law Day Luncheon April 30, 2015 at the Stockton Golf & Country Club

he 2015 Law Day Luncheon was held on April 30 at the Stockton Golf & Country Club. The Law Day Award Recipient was Helen Ellis, coordinator of the Collaborative Courts. The keynote speaker was TDr. Bennett Omalu, San Joaquin County Medical Examiner.

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5 Clockwise from top left: 1. The crowd at the Stockton Golf & Country Club; 2. Dr. Bennett Omalu; 3. Law Day Award Recipient Helen Ellis; 4. Hon. Richard Vlavianos and Mrs. Ellis; 5. Hon. Consuelo Callahan and Judge Vlavianos. Photo credit Freebyrd Studios.

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• Business disputes, professional negligence and personal injury, real property and eminent domain

Visit my website at malmfagundes.com and call me at 209-870-7900. malmfagundes.com

Third Quarter 2015 Across the Bar Page 17 New Courthouse Progress Rosa Junqueiro f you have driven on I-5 or the Crosstown Freeway, you have certainly seen the new Stockton Courthouse. To date, the building is approximately 60% complete. The “skin” or exterior was completed in October 2015 when Ithe building was made water tight for the winter. The entire project is scheduled to be completed by November or December 2016.

Judge Appel and I have been busy every week meeting with the various furniture vendors. We hope to finalize all the decisions regarding furnishings by the end of the first quarter of 2016. 1

The following activities were completed this past quarter: 1. Concrete elevator and stair shafts are complete. 2. Steel erection is completed. 3. Precast exterior cladding is 90% complete. 4. Overhead Mechanical and Electrical Rough in continues on all floors. 5. Interior framing continues on all floors. 6. Court and JCC selected Steelcase as the project furniture vendor and Gunlocke as the chambers furniture vendor. Coordination is ongoing. The following activities are scheduled to be completed during the next quarter: 1. Continuation of construction on Phase 3 (the building). 2. Complete roof installation. 3. Continue installation of mechanical and electrical work, and precast and glazing installation. 4. Continue interior metal framing and gypsum board on all floors. 5. Continue meeting with furniture vendors and 2 finalizing selections. The court has selected a moving consultant and 1. West elevation with crane dismantling; has had preliminary meetings with that vendor. 2. South elevation with crane dismantling.

Rosa Junqueiro is the Chief Executive Officer of the San Joaquin County Superior Court. Contact Rosa at [email protected].

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Clockwise from top left: 1. Fourth floor courtroom progress; 2. East elevation with crane dismantling; 3. Front entry progress; 4. Twelfth floor jury assembly room terrace and trellis; 5. North elevation with crane demolition.

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Third Quarter 2015 Across the Bar Page 19 The Family Law Section Holiday Mixer Thursday, December 10, 2015 4:30 - 6:30 pm French 25 110 N. El Dorado Street • Stockton This event is generously sponsored by The Stockton Therapy Network Dr. Thomas Maples

Page 20 Across the Bar Third Quarter 2015 75th Anniversary Celebration October 23, 2015 at St. Jorge Winery

he San Joaquin County Bar Association's 75th Anniversary Celebration was held on October 23 at St. Jorge Winery in Acampo, CA. It was a beautiful evening, filled with live music from the Swingaires, Tdancing, St. Jorge wines, tapas-style dinner, memories and of course, a photo booth.

Third Quarter 2015 Across the Bar Page 21 Downtown Stockton Meter Feeding App

Catherine L. Huston, HUSTON LAW OFFICE is pleased to announce that Grey R. R. Galluzi has joined the Firm as an Associate. n September 1, 2015 SP Plus Corporation, with whom the city of Stockton contracts to manage Ms. Galluzi was born and raised in San Joaquin the downtown parking operations, County, graduated in 2008 from Sacramento State introduced a mobile app that can add University and received her Juris Doctorate from time to parking meters. Motorists can download Humphreys College Laurence Drivon School of O Law. Her focus will be on the practice of Family the Parkmobile app, create an account and bill their parking directly to their account. You can also set Law and Estate Planning. time alerts. For more information, please visit [email protected] ~ (209) 463-4693

www.parkmobile.com or call 1-877-727-5718.

Page 22 Across the Bar Third Quarter 2015 A Child Divided: Healing the Psychological Wound of Divorce Dr. Thomas Maples

and regardless of the other’s claim, and was truly more of a caregiver than the other mother, who was vindictive and selfish in her qualities, serving personal interests at the expense of ruining a child’s life. The kingdom rejoiced because of the wisdom shown by the king. (Paraphrased from 1 Kings 3:16- 28.)

The Mother, Judge, and Child: Wisdom through Adaptation Psychiatrist and philosopher Carl Gustav Jung The King’s Judgment wrote extensively on the power unconscious images wo women stood before the king, have on psychological development. He called these both stating their claim to a child they images archetypes, and defined them as conduits of believed to be their own. Both had psychological energy that encourage emotional and their child only three days apart, and spiritual growth during the lifecycle. Archetypes after falling asleep one had awakened drive the life journey forward by presenting us with Tto the unfortunate sight of her baby lying dead next specific paradoxes that when worked through assists to her in bed. Having wept over the loss of her son, us to develop a more holistic perspective towards she soon realized that the child who lay next to her life. Jung called this practice Self-realization or was not her own. She then brought charges against individuation, which means to realize our ultimate the other mother for switching the infants during Self potential. Although the above story occurs their sleep; the trial was set. during a time long ago, its wisdom is universal, and Both parties, newly inducted to motherhood, shows insight into the ways family distress affects stated their claim to the living baby. An air of the developmental journey a child undertakes when mystery surrounded the court as to who’s child exposed to dynamics of a divorcing family. was the living and to whom the recently deceased The archetypes present in this story are the child belonged. The king, called for both mothers Mother (the two mother antagonists), The King to bring him a sword, so he could divide the child (father and judge), and the child (the protagonist). accordingly between both parties. While no definable father is present in this The first mother, distraught with grief as to family drama, its archetypal paradox of moral the notion of her child being killed as a means to commandment and prohibitory influences are found satisfy the conflict present between both parties in the judge’s position as mediator between the had a moment of clarity, begged the king to reverse opposing parties. Although no relationship is stated the judgment, allow the baby to live, and forfeited between the antagonists, whose primary aim in this her claim to raise the child out of a mother’s inner- story is to be the nurturing force behind the child’s most compassion. The other demanded the baby rearing, the story shows insight into the difficulties be divided and given to neither. The king, wise in faced when issues of litigation arise within a family judgment, ruled that the first party be given rightful dividing. claim to the living boy as she was the party with The child in this story is taken from his mother, compassion towards the innocent life, regardless of dividing it from the nurturing bond that sustained the unknown truth as to whom the baby belonged. its life post-gestation. Life and death, nurturing and In the end, she sacrificed personal interest in the consuming are the paradoxes Jung associated to light of empathic concern for the life of a child, the mother archetype. Just as Earth gives and takes

Third Quarter 2015 Across the Bar Page 23 life, nurtures and consumes, the mothers in the story non-conflicted party through the decision, allowing have given life, hunger to nurture that life forward, neither antagonistic party to be rewarded for the but inadvertently bring the possibility of death to the conflictual behaviors shown. In this case, the judge child they seek to raise due to the continued conflict is faced with the most difficult of circumstances, to present. Because neither party is able to resolve make rational sense of an irrational emotional state, their conflict, a third party (The King) must then that of Love. decide the fate of the protagonist, who has no say Love is the only primary emotion that in the matter at hand between the two antagonists. encompasses all other primary emotions. These Being objective to the antagonists’ plight, the king include Fear (survival anxiety, flight or freeze is faced with no choice but to divide the protagonist response), Anger (fight response), Sadness (anger between the two opposing antagonists. turned inwards), and Happiness (the ability to While metaphoric in nature, the language of the mitigate time to become content). The antagonists, story shows the conflict children face when their like family members in today’s courtroom, are parents are unable to resolve their own interpersonal driven by love. Parents who face losing their conflict without considering the effects that conflict children undergo a real grieving process, must has on the child. In the story the king orders the learn effective ways to deal with the fear of loss child be divided in two. This is symbolic of division they face, the subsequent anger that arises when process a child undergoes as he or she must learn faced with that fear, and the sadness and guilt that to divide and navigate between two parents’ set of arises from the actions they undertake to avoid that rules that were once together in a marital union. As fear. This process is predictable, and can lead to a third party being forced to decide the division of a immense emotional growth for both parents and their child between the two parties, the judge is forced to children if channeled correctly. For the antagonists utilize objectivity in the decision made, and divide in the story, fear of loss, anger, and the sadness that the child in a manner that allows neither antagonistic accompanies their loss drives this story towards party victory in the case. Ultimately, there can be its natural conclusion, and loss of a child becomes no victor because of the behaviors preceding the the basis from which the king must pass a ruling, judgment, and the only loss suffered is from the meeting irrational fears and anger with rationality. child who must now be divided. The decision, divide the child, allows neither party Emotion drives the plot of this story, as rationale the benefit of winning their position, and hope the is clearly lacking between the opposing parties. child can mend the division, within that, he or she While the antagonists operate from emotion, it is was subjected to between the two parents. balanced through the cold rationale of the King As an archetype, Love drives the themes and archetype (Judge) who must remain objective and the underlying dynamics present between the tend to the rules of the court. Both antagonists are antagonists, the protagonist, and the king who must clearly distraught about the loss of their child, react pass a verdict based upon objectivity and rationality. from a state of emotional distress, and show lack Like many dynamics present in family conflict of foresight into their decision making. There is today, the division of love brings forth unwanted no right or wrong between the antagonists when fear, anger, and despairing grief as it relates to the viewed from an empathic level, as both parties separation and division of strong emotional bonds have lost their child. Both mothers are stricken by that exists between all family members. The cost? grief from this loss, and because of this, the king A loose, loose, loose scenario where the child is left faces the dilemma of aligning with one over the to heal the emotional scars caused by the parents, other mother’s grief, while remaining objective the court is left to issue orders within its scope that as to which mother is telling the truth. The King cannot take into account the emotional components in this case does the only thing he can, remain that drive most custody conflicts, and where the one, objective, sever emotional ties to the information or more often, both parents leave without having presented, meet irrational emotions, thoughts, and reached a real resolution to the problem that plagues behaviors with rationality, and remove emotionality them. from the decision rendered. The king punishes the

Page 24 Across the Bar Third Quarter 2015 Severance, Healing the Wound, and Resilient development becomes a battleground with divided Scarring lines. This furthers the division a child faces at the Divorce can have far reaching consequences psychological level, causing excessive anxiety, guilt, on a child’s psychological well-being. As a repressive, and suppressive tendencies towards their psychotherapist, I often see the aftermath divorce emotional states, which in turn cuts off their ability has on a child’s emotional state. While the grieving to dream life forward and learn effective ways to process is predictable, its effect is oftentimes engage life in an emotionally stable manner. Instead not taken into account by familial, social, and of learning ways to effectively channel emotional educational settings that work with and have energy towards productive outcomes, children that direct access to the child. Children are expected undergo highly-conflicted divorce and custody cases to perform, to grow into their own beings, but oftentimes develop non-adaptive and oftentimes oftentimes their emotions are not taken into rigid psychological defenses as ways to handle their consideration by the very people or agencies that day-to-day stress, which in turn can affect academic, directly affect their lives. When a child faces loss, occupational, and social performance. she relies on the adults in her life to model behaviors While a host of psychological issues can arise that will help her deal with the anxiety, anger, from the severance of the marital relationship, and sadness common to the grieving process, not this need not be the case. The first step to assure perpetuate these very emotions due to inability to psychological health post-separation is to unilaterally resolve interpersonal conflict. and completely sever the relationship bond and leave With having a child comes great responsibility. no questions as to the status of the relationship. As parents, we grow as we learn ways to foster Shifting with indecision about severing one’s our children’s own creative and independent relationship ultimately fosters a false sense of hope spirits. Adult development is intimately tied to in the child, prevents the healing process from fostering the next generation to success; by learning beginning, and can cause deeper problems to emerge effective ways to handle the stress related to as one learns ineffective ways to handle relationship meeting personal, familial, and social expectations, problems. Children learn through emulation, and we develop, plan, implement, and model socially by seeing their parents waiver with indecision, acceptable behaviors to our youth, which in turn teetering between love and hate, dependence and allows them to adapt to the good, the bad, the independence, and togetherness and indifference favorable, and the adverse conditions associated dynamics, they learn equally divisive and non- with life. Through the bond formed between the adaptive ways to handle relationship stress. a parent and his or her child, community values, Parents deserve to know the ramifications their stigmas, social mores, and lessons are passed on, divorce can have on their child(ren). Knowledge as we teach the next generation to dream, aspire, leads to options, and options allow for informed inspire and ultimately engage life in a meaningful consent. Oftentimes, lack of information intermixed and driven manner. with indecision causes the couple’s inability to While this is an ideal scenario, many children cleanly sever their emotional ties, therefore drawing do not have such a picturesque home environment. the lines of engagement from which the child Instead, they are exposed to a host of adverse ultimately finds themselves pulled apart by the conditions caused by the parents’ inability to emotional conflict present between both parents. establish, secure, and maintain a healthy emotional Through education about co-parenting and referrals environment that encourages healthy psychological to appropriate mental health professionals, we can maturation. For many children, daily arguments, greatly limit the effects marital severance has on fights, incidents of domestic violence, intermixed the emotional health of the child. From the time with social and community violence, and the stresses of initial separation to the time of final judgment, of being exposed to anger, hypertension, and the parents can be encouraged to learn new ways to lack of a sustained loving environment causes effectively co-parent, or at least parallel-parent, emotional regression to a survival state, where as each party faces not only the burden of dealing the environment that is supposed to nurture their with their own emotional healing but also that of

Third Quarter 2015 Across the Bar Page 25 their children’s grieving process. As parents learn lessons available through that parent. ways to handle their emotional distress, as well as In the story, the king makes the final decision. understand the effects divorce has on their children, If the parties of legal majority cannot control their they can help their children more effectively adapt to irrational state enough to make an informed decision, each new home setting, therefore limiting the effects it is up to him as a third party to decide the fate of all continued conflict plays on the adjustment a child three from a rationally objective position. The child faces post-divorce. in this case is the innocent victim, just as children are By seeking the help from professionals trained in the conflicts that accompany divorce in modern to handle emotional distress, parents can learn to courts. While the one party comes to her senses in overcome their intrapersonal conflicts that lead to this story, unfortunately, in family law, this is not many of the dramas played out in courtroom setting. always the case, due to one or both parties choosing This in turn assists in parenting, allowing the child to to battle their spouse or partner as if they were still benefit from developing healthy interpersonal bonds together, re-opening the wound of division present with both parents in a manner not subjected to the with the child, never letting it mend, and ultimately stress caused by the severance of the relationship. dividing the child from her innate capacity to scar While mending the wound associated with divorce over with resilience. will take time, it is through bonds formed with both The implementation of psychotherapy during parents that a child’s wound can become scars of the divorce process can greatly influence the ability resilience. children have to mend the psychological scars associated with their parent’s divorce. While not The Final Judgment all divorce or custody cases are highly contested, in There is no easy solution to assist people severing cases that are, having objective, third-party evidence their relationship bond. In the story, no bond exists about the parents’ emotional status and psychological between the antagonists, but both parties assume profile can assist the court to make an informed their position without concern over the life of the decision about which parent is more fit to handle the child present. From this perspective, human life day to day stresses associated with child-rearing. becomes chattel to divide between two opposing Working in cooperation, law and psychology can litigants bent upon proving their point. The one assist families not only to successfully sever the woman is scorned and grieves the unexpected death parental relationship, but also can encourage ways to of her child, while the other grieves the theft of her do so that limits the after effects divorce can have on child, being torn between her right to raise him and a child’s psychological and emotional well-being. her motherly instinct to let him live. While tragic While there is always some semblance of three in its scope, this story pales in comparison to the truths present in legal proceedings, psychotherapists damaging effects the dividing process can have on can assist children and parents undergoing the divorce the child when both parties equally love and honor process to make sense of their emotional states, so as the child as their own. to help all three parties make objective and rational A child does not choose her parents; she can decisions about their circumstances. By having only learn to relate to her parents in a manner that knowledge of their own emotional state, as well as helps them assure survival in a world of uncertainty. that of their children, parents can make educated Through the initial relationship formed between decisions as to how to proceed with the complexities the child and her parents, she learns ways to adapt, of their legal matter. emulate, and develop a healthy sense of self, which When faced with the complexities of divorce, it is in turn fosters her ability to secure future healthy imperative to seek emotional support not only from attachment bonds. If either party betrays the bond loved ones, who are oftentimes ill-informed, but formed between the child and parent, the child is left also from competent professionals that can assure to her own devices to determine what party is right, a party’s legal rights and help him understand his wrong, or indifferent and sever the relationship bond emotional state, so that he can make informed and with one or the other party, subsequently dividing rational decisions based upon a sound plan that will themselves from the possibilities of love and the help him secure his and his child’s emotional health

Page 26 Across the Bar Third Quarter 2015 and psychological well-being during the severance process. When even ground is found between both Mushel Kazmi Awarded parties, the divorce process need not be so divisive. the Young Lawyers Instead, it can open the door to deep psychological growth as the child learns to love her individual Section's Scholarship parents in a manner simply not possible during a conflicted marriage. Although the final verdict he San Joaquin County Bar comes in the form of an order, this order simply Association’s Young Lawyers Section does not account for the lifetime of co-parenting, has awarded its annual scholarship to continued communication, the attendance of Pacific Legal Scholar Mushel Kazmi. birthdays, graduations, weddings, and funerals both Ms. Kazmi is a junior at the University parties will be subjected to during their lifetime as Tof the Pacific who intends to practice law. She is parents of a child divided. a business marketing major and a pre-law minor. She has maintained a 4.0 grade point average. To Dr. Thomas C. Maples, Ph.D., get a jump start on her legal career, Ms. Kazmi has is the founder of the Stockton Therapy attended the “Final Four” of the Oral Advocate Network. Contact Dr. Maples at (209) Competition at McGeorge School of Law, attended 406-8497. a criminal law class at McGeorge School of Law, visited law schools, and met with practicing attorneys and judges. She is currently vice president of the Phi Alpha Delta Law Fraternity at UOP. Ms. Kazmi plans on using the scholarship to fund a law- related internship or for LSAT preparation.

Third Quarter 2015 Across the Bar Page 27 Annual Meeting & Luncheon November 4, 2015 at the University Waterfront Plaza he 75th Annual Meeting & Luncheon was held on November 4 at the University Waterfront Plaza Hotel. The Honorable Lesley Holland delivered the State of the Court address and an update on the Tnew courthouse progress. Outgoing president Moses Zapien delivered the State of the Bar address and swore in incoming president Jim Morris. Russell Humphrey, Lance Jacot, Michael Norton and Heather Rubino were elected to the Board of Governors for a three-year term. Zoey Merrill was named the 2015 Outstanding New Lawyer Award Recipient and John Harris was named the 2016 Law Day Award Recipient.

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3 Clockwise from top left: 1. The crowd at the University Waterfront Plaza Hotel; 2. Moses Zapien; 3. 4 2016 Law Day Award Recipient John Harris; 4. Mr. Zapien 7 swearing in Jim Morris; 5. Russell Humphrey, Lance Jacot, Heather Rubino and Michael Norton; 6. Erin Guy Catstillo, Jim Morris, Moses Cheryl Jacobsen and Nelson Balher, the 2016 Board of Governors Officers; 7. Hon. Lesley Holland.

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Page 28 Across the Bar Third Quarter 2015 Under Oath: Cathy Huston Grey Galluzi

A. “You wouldn’t believe this, but I have a tendency to talk a lot! You know, in the 50’s there was a doll named Chatty Cathy… I’m sure it has nothing to do with where I got my name though,” she joked. “My voice, well, when I get emotional my voice gets high and loud. I have to keep that in check when I am in the office. I have a voice and I use it… a lot.”

Q. What is the trait you most deplore in others? A. “Probably bad manners. There appears to be a generational disconnect where no one taught their children manners. Simple things like opening the door to the courthouse, being courteous, just simple respect for anyone older or even each other. There is this air of entitlement. Everything is apparently owed to these people and I can’t figure out why.”

Q. What is your greatest extravagance? athy and I met in her office on a busy A. “Probably my clothing. I like to shop and I Friday afternoon. Amongst flying files like fashion. My greatest extravagance is probably and ringing phones we sat in her office the time I spend watching shows on fashion and to enjoy our lunch. staying in trend. When I can’t sleep, I organize my closet and pair together my outfits. Sometimes I’ll be C Q. What is your idea of perfect happiness? in there at 3 or 4 am.” A. “Honestly, its going home from work after a good day where I won all my cases, the kids’ Q. What is your favorite journey? homework is done and I had time to work out. Just A. “I am on my third career. I started in knowing that we are on the status quo. As long hospitals, went to high tech, and now I have been as all my loved ones are doing well and we are all in law for over 20 years. Everything I do now has healthy… that is happiness.” piggy backed off of what I learned in the past two professions. My careers have carried me through Q. What is your greatest fear? my life and I have enjoyed everything along the way. A. “Right now it’s not living long enough to get Well, almost everything!” my adopted children where they need to be.” Cathy talked about how she adopted her grandchildren. Q. What do you consider the most overrated “When they graduate from high school, I will be virtue? older. I have to ask myself am I healthy enough to A. “I fear I am not that virtuous. I can name see them through college and young adulthood? I the 7 deadly sins, but it makes sense that the virtues am not young or shall I say, not an age-appropriate are opposite the 7 deadly sins. I’ll say fortitude to parent.” correlate with my previous answer about what trait bothers me in others. Similarly to how people feel Q. What is the trait you most deplore in entitled, they are also so pushy. It is not brave or yourself? bold; people are just being obnoxious! They feel like

Third Quarter 2015 Across the Bar Page 29 they can just push themselves around to get what Tom likes Europe, so he gets to pick where we go one they want.” year, and I get to pick the next. It works out nice.”

Q. What do you dislike most about your Q. Which talent would you most like to have? appearance? A. “Is public speaking a talent?” We agreed that A. “I’m too short!” I went where no it is. “I wish I were a better public speaker. I still interviewer should ever venture. “How tall are tend to get nervous if I am speaking to the court on an you?” She looked at me and confidently replied, issue that I am not the most familiar with and all my “In heels I am 5’1”, AND I’M SHRINKING! colleagues are sitting behind me. I twirled a baton I’ve already lost a half-inch. But my husband is once for a New England Patriots pregame show all shrinking with me; we are shrinking together so our by myself, didn’t drop the baton once and wasn’t a proportion to each other stays the same.” tad bit nervous, but then I can’t speak without getting nervous at court where I appear every day. I have Q. Which words of phrases do you most really had to work at it. It is embarrassing!” overuse? A. “‘Just saying.’ I don’t know why I don’t just Q. What would you consider your greatest say what I need to say, but I have to add that at the achievement? end.” A. “My greatest achievement is sustaining a career for 19 years in a community I was brand-new- Q. What is your greatest regret? to as a change-of-life attorney. I went to law school A. “I used to play musical instruments and I let in San Diego in my 30’s, graduated, and came here that go. I can hardly read music anymore and I use while waiting for my bar results. Archie Bakerink to be really good at it. Now the kids are in band was the first person to give me a break and took a and I can’t really help out too much. I wish I would chance on me. Archie recommended that I join as have kept that up.” many committees and sections at the San Joaquin County Bar Association I could; join Rotary and other Q. What or who is the greatest love of your Associations to get my name out there. And now I life? am sustaining what I believe is a good family law A. “My husband Tom. When I worked at the practice in the town I where I have relocated to.” computer corporation my boss introduced us, we went on a date the following week, and we have Q. If you were to die and come back as a person been together since. He has always supported and or thing what would you like to be? encouraged me to do what I wanted to do, whether A. “I probably shouldn’t pick a person—a it was law school, adopting the children, or opening waterfall in Hawaii. Everyone is always happy when my own practice. We have been married 26 years after a long hike they finally reach the beautiful this year and together for 30 years. Now that he waterfalls. You forever get to look upon people full is retired, he works with me at the office and that of happiness and wonder. Wouldn’t that be great?” helps us maintain a healthy relationship and work- life balance.” Q. What is your most treasured possession? A. “I have two treasured pieces of jewelry; a Q. When and where were you happiest? charm bracelet and necklace. The necklace was my A. “I think I am very happy right now mother’s and is full of charms she collected through because I am in a good place. To list specific her travels. The bracelet is full of charms I collected occasions: our adoption happened over the phone through my travels. I could never replace them to New Hampshire; that was a really happy time. if they were lost and I plan on giving them to my Generally, I am happiest on vacation… an extended daughter.” vacation. If I can chill out for the first few days and unwind, I become truly happy. We have a rule that Q. What is your favorite occupation? we go somewhere every year. I like the beach and A. “In my second career I was in charge of

Page 30 Across the Bar Third Quarter 2015 corporate event planning on an international level. patrol when he was serving overseas. He took an I traveled a lot to Europe. It was a wonderful oath of confidentiality. During my early adulthood, experience and a really fun job for a single person I would ask him about what it was like and specifics in their twenties. However, law has been the career of the missions and he would always say he could not to sustain me and offers the most intrigue and tell me. This was after he was out of the service and challenges.” the Cold War was over. Still, he held fast explaining that he took an oath to his country and that was an Q. What is your most marked characteristic? oath he was going to keep. You just don’t find that A. “My most marked characteristic—I think— integrity anymore. I had a very nice childhood. I was well, I very rarely say no, I don’t know if that is a the oldest of four kids and I had to do a lot of work good or bad thing. I just try to be a nice person. I taking care of my siblings, but I never felt deprived think my colleagues might describe me as reasonable even though we didn’t have much.” or nice. Of course others confuse nice with stupid, but I like to think that gives me an advantage… they Q. How would you like to die? don’t see the fight coming!” A. “Erma Bombeck, a humorist who wrote for newspaper columns, wrote a poem near the end of Q. What do you most value in your friends? her career titled If I Had My Life To Live Over. In the A. “Probably the fact that all my friends are poem she listed about 20 things she would have done always there. I value that they give me their time. differently; she would have kissed her children more Whether it is a text at night or a call; they are there.” and other little things. If I could, when I die, I don’t want to have a list like that. I want to die content Q. Who are your favorite writers? knowing that I don’t have any regrets about those A. “I just finished J.K. Rowling’s Casual kind of things.” Vacancy. I never read any of the Harry Potter books, but Casual Vacancy was amazing. I also read Q. What is your motto? The Goldfinch, which I loved. I like the Grisham A. “The Nike motto: Just do it! And I think that books and of course beach fare, whose authors’ should be for employees, clients, kids, everyone. names will go unmentioned.” Don’t give me excuses, by the time you finish giving me excuses it could have been done already. Just Q. Who is your favorite hero of fiction? saying.” A. “Most people who know me would guess Scarlet O’Hara, but I’m gonna shock them and say Rhett Butler. In this field, you have to have “Under Oath” is a recurring feature submitted by a thick skin and he put it so succinctly when he the Women’s Lawyer’s Section for Across the Bar. said, ‘Frankly my dear, I don’t give a damn!’ The Members of the SJCBA are interviewed and asked transference of emotions like anger and pain is so to give responses to a set of questions. prevalent in family law because people are hurting. Responses maybe paraphrased or condensed. Also, they offer too much information. Divorce is painful and sometimes clients vent to you, but

sometimes it feels like they are venting at you. So Grey Galluzi is an attorney with you have to know when not to take things personally the Huston Law Office. Contact Grey at and not let it get to you.” [email protected].

Q. Who is your hero in real life? Which living person do you most admire? A. “I would have to pick my dad. He died young at 64, but he taught me probably more about honoring my word than anyone else. For example, he was in the Navy for 21 years and went out on

Third Quarter 2015 Across the Bar Page 31 The San Joaquin County Bar Association Fundraiser Sponsored by the Women Lawyers Section 6th Annual Ravioli Feast

Thursday, December 17, 2015 10:30 am - 8:00 pm Any De Vinci’s Location Linden, Lodi, Stockton-Pershing and Stockton-Hammer Tickets are $10 each and include: • Ravioli (large portion) • Fresh salad with beans • Warm buttered bread Tickets can be purchased until December 14th from: • Women Lawyers Section Executive Committee members • SJCBA: 20 N. Sutter Street, Suite 300 • Stockton • CA • 95202 • Online until December 14th at www.sjcbar.org

Contact Jamie Bossuat at [email protected] or You can also call the SJCBA at 209.948.0125

Proceeds to benefit the Women Lawyers Section Charitable Giving Fund

Page 32 Across the Bar Third Quarter 2015 Recap: MCLE on Damages in Personal Injury Cases Susiejane Eastwood

bout 50 attorneys attended a These terms can cause the plaintiff to lose credibility presentation on August 19, 2015, by with the jury. Robert Buccola of Dreyer Babich Be objectively reasonable when presenting the Buccola Wood Campora, LLP on claims to the jury, Mr. Buccola advised. Juries are general damages in personal injury very hard to fool and will see right through false or cases.A Mr. Buccola has been recognized with large claims. If there are bad facts, allow the jury to numerous awards and has won some of the largest know those facts right away, he said. The advocate jury awards in the state. His presentation illustrated should work very hard on establishing worthiness. his skill at communicating with juries. When working with points to emphasize, Mr. Mr. Buccola began his presentation with advice Buccola advocated the use of illustrations, graphs, on developing a “theme” of the case, keeping in videos, pictures, drawings, etc. These will assist mind that all members of the jury are judgmental. in the importance of the points being made and An advocate must use that inherent quality of juries will make them much easier to remember. He and cater to their desire to categorize everything into cautioned against exploitation, grandstanding, or “good and evil” by vilifying the defendant or, if that sensationalism, because those methods can turn a is impossible, the defendant’s attorney or the case perception of “good” into one of evil. itself. The point was that people may enter the jury Echoing his point above, Mr. Buccola stressed with many preconceived views and you must lead that when presenting the amount sought to the jury, them to view yours as the “good” side. Many people the advocate should focus on what the victim’s feel morally obligated to provide justice to the good families, friends, and employers/employees have lost and punish the evil, and a good attorney must find in the victim’s inability to function as he did before ways to present his side as the good and the other the injury. The jury should not feel that it is awarding side as the evil. One must provide the jury with the the victim a sum that will lead him to look back on empowerment to do the right thing and preserve the date of his injury as his lucky day. justice. In order to present an informed case, an attorney must be fully prepared and KNOW their plaintiff. Every medical record and every report must be read and reviewed. Every client must be thoroughly interviewed along with their friends, family, boss, fellow employees, and neighbors to find the good to present to the jury. The jury must be shown that the plaintiff deserves justice. His/her worthiness must be validated to the jury. Mr. Buccola stressed that the important criterion for demonstrating loss of value to the jury is not what the plaintiff himself has lost, but the loss of his inability to give to others. Testimony about the loss to the plaintiff himself appears as whining. The information should be kept simple and positive, should focus on what the plaintiff has lost in giving and doing for others. Mr. Buccola cautioned against exaggerating, overstating, or the use of absolute 1. Steven L. Brown introducing Robert A. Buccola; 2. terms “always” and “never,” such as: “He is always Robert T. Nelsen, Mr. Buccola, and Mr. Brown. in pain,” or “She will never be able to do that again.”

Third Quarter 2015 Across the Bar Page 33 2016 MCLE Masters Series SJCBA • 20 N. Sutter Street, Ste. 300 • Stockton • CA • 95202 Join us for our annual MCLE Master Series. In January 2016 we will offer ten CLE programs in our conference center located in the Kress Legal Center at 20 N. Sutter Street, Suite 300. Please register, in advance, for any program(s) by completing the registration form on page 39, logging onto www.sjcbar.org (make sure to use your user ID and password to get your membership discount). This allows us advance notice of room set-up and lunch orders. Check in as close to noon as possible as all programs begin promptly at 12:15 and last one hour.

Family Law Issues for LGBT People After the Supreme Court's Landmark Decision Monday, January 11, 2016

Emily Haan Cathy Sakimura

This program will cover current legal issues faced by LGBT couples and their children in California after marriage equality. Same-sex couples can marry in California and are fully recognized by federal law as married. However, registered domestic partners are still not recognized by the federal government for most purposes, so they may face specific legal issues that are different from those faced by married spouses. Transgender people and non-biological parents face unique challenges in family law matters. Attorneys representing these clients should take extra care to educate themselves about these issues.

Criminal Law Basics Tuesday, January 12, 2015

Allan Jose John Soldati This program will be a comprehensive overview of the criminal process for attorneys looking to add to or expand their practice into the important area of criminal defense. This will be a guide on the unique substantive and procedural difficulties that criminal law practitioners face, including deadlines, exceptions, sentencing principles, etc. Attorneys Allan Jose and John Soldati are experienced criminal practitioners that will share their extensive knowledge of criminal defense practice in San Joaquin County and provide a true “how-to” for this challenging area of the law.

Page 34 Across the Bar Third Quarter 2015 2016 MCLE Masters Series SJCBA • 20 N. Sutter Street, Ste. 300 • Stockton • CA • 95202

Probate Update 2016 Wednesday, January 13, 2016

Christopher Engh Hon. Lesley Holland Jayne Lee

The Hon. Lesley Holland, Attorney Christopher Engh and Supervising Probate Attorney Jayne Lee will present a follow-up to the 2015 Master Series program Probate News 2015 with a new presentation designed for trust and estate practitioners. The program will explore recent legislation, local practices, and case law concerning practice in Probate Court.

Walking the Line: Legal Ethics and Professional Responsibility in a Rapidly Changing Legal Environment Thursday, January 14, 2016

Robert Hawley

Avoiding ethical problems, not to mention malpractice claims and State Bar discipline, is largely a matter of applied common sense. But ethical traps are sometimes difficult to spot, especially in the rapidly changing environment of California legal practice. Whether the issue is preserving client confidences in the age of ubiquitous technology and social media, marketing legal services ethically, avoiding conflicts of interest, or delivering legal services competently at a time when applicable standards of competency are changing with advances in information technology, Bob Hawley brings unsurpassed expertise and energy to the topic, as well as an engaging sense of humor.

Third Quarter 2015 Across the Bar Page 35 2016 MCLE Masters Series SJCBA • 20 N. Sutter Street, Ste. 300 • Stockton • CA • 95202

Worst and Best Practices: A Candid View from Our Bench Tuesday, January 19, 2016

Hon. William Johnson Hon. Barbara Kronlund Hon. Roger Ross

This program is a judges' rountable in which Superior Court judges William Johnson, Barbara Kronlund and Roger Ross will highlight their worst and best practices thoughts based on experiences in the courtroom.

Show Me the Money Wednesday, January 20, 2016

Hon. Tony Agbayani Commissioner Cheryl McCann

Judge Agbayani & Commissioner McCann will discuss the ins-and-outs of identifying and locating income of self-employed litigants for purposes of calculating support obligations. If you have ever experienced the difficulties of proving the income of a litigant with self- employment and or non-traditional income sources you will not want to miss this presentation.

Page 36 Across the Bar Third Quarter 2015 2016 MCLE Masters Series SJCBA • 20 N. Sutter Street, Ste. 300 • Stockton • CA • 95202

Employment Law Update Thursday, January 21, 2016

Jamie Bossuat Velma Lim

New employment laws and appellate decisions are issued at a rapid-fire pace. This program will update practitioners on new statutory developments and recent appellate decisions significantly affecting wage and hour law, discrimination, harassment, retaliation, leaves of absence, arbitration agreements, and employment class actions.

ADA - Hell on Wheels Monday, January 25, 2016

Christopher Eley

This program will focus on the ADA Defense update including new California regulations and proposed Federal reforms. Christopher Eley has a practice that emphasizes property and estate issues. For the past six years the practice has included defense of property owners in ADA access lawsuits. In addition to his law practice, Mr. Eley is also an Adjunct Professor of Law at Humphreys College, Laurence Drivon School of Law.

Third Quarter 2015 Across the Bar Page 37 2016 MCLE Masters Series SJCBA • 20 N. Sutter Street, Ste. 300 • Stockton • CA • 95202

Admissibility of E-Discovery in Court Tuesday, January 26, 2016

David S. Rosenbaum Tyler Solt Mark Williams

Electronically Stored Information (“ESI”) and E-evidence: What is it? How much and from whom is it discoverable? How do you introduce it or object to it at evidentiary hearings, including trial? What does it really cost, and how can you get what you actually want? This presentation will address all of these questions and more, with answers given from a trial attorney’s perspective and the added wisdom of two IT professionals that deal with these issues frequently. Attendees will be given a workable definition of ESI, and the presenters will address issues of scope of discovery, allocations of costs, waivers of privilege and work-product, and preservation and spoliation. You will also learn how to engage the court to actively manage ESI issues in your cases. Finally, the bulk of the presentation will be spent on how to introduce your ESI as evidence, focusing on using the evidence code to properly lay foundation (or object to another attorney’s proffer).

Saving Your Bacon: Appellate Essentials for Civil Trial Lawyers Thursday, January 28, 2016

Thomas Keeling

The mind-sets and skills that serve an attorney well in the trial court are often not what is needed in the Court of Appeal. Whether the goal is to undo an ill-considered decision or preserve a trial court victory, civil trial attorneys must know how to preserve arguments, avoid inadvertent waivers, use appellate presumptions and review standards to their clients’ advantage, identify situations in which writ relief may be worth pursuing, and avoid the mistakes that commonly undermine appellate arguments. This presentation covers critical facets of the appellate process and appellate decision-making for civil litigators.

Page 38 Across the Bar Third Quarter 2015 SJCBA’s 2016 MCLE Master Series Registration Form

All pre-registered seminars prices include lunch with a sandwich, chips, and soda or water Please note: Only those who register in advance are guaranteed a lunch

SJCBA Members* Non-SJCBA Members Individual Program $30 Individual Program $45 Mini-Passport (Any 5) $125 Mini-Passport (Any 5) $200* All Ten Passport $240 All Ten Passport $390* *In order to receive the Member price, * Includes 2016 SJCBA membership dues you must have paid your 2016 SJCBA dues. (for new members only).

Total Enclosed: ______□ Individual Program □ Mini-Passport (any 5 programs) □ Passport (all 10 programs)

Name: ______Phone: ______Email: ______

Three easy ways to register:  Register online at: www.sjcbar.org  Write a check payable to the: San Joaquin County Bar Association and Mail to: 20 N. Sutter Street, Ste. 300, Stockton, CA 95202  Use a credit card: Select One: Visa MasterCard Discover Name on Card: ______Card: ______Exp. Date______CVV Code: ______For individual or mini-passport only: List the programs you wish to attend: 1.______2.______3.______4.______5.______6.______7.______

* For non-members, both passport prices include the cost of MCLE programs and 2016 SJCBA membership dues (for new members only).

48 hour cancellation notice is required for a refund Passports are non-transferable

Attorneys who wish to remove their name from lists the State Bar provides to qualified outside entities, may do so by logging on to Member Login on the home page of the State Bar’s website. After registering with My State Bar Profile, go to “Change my address, phone numbers, and opt-out preference,” and change your Opt-out preferences. Members may also e-mail their opt-out request to [email protected], or by calling the Member Services Center, 1-888-800-3400. Members who choose to opt out will not receive mailings about State Bar- sponsored member benefits such as attorney insurance program offerings, MCLE provider programs and a variety of professional discounts.

Third Quarter 2015 Across the Bar Page 39 Calendar & Member Announcements

December 2015 Monday Tuesday Wednesday Thursday Friday 1 2 3 4 Crim Law Roundtable ABA Telebriefing Young Lawyers Ex Comm

BOG Ex Comm 7 8 Family Law Section9 Finance Comm 10 11 Probate Section w/ Court Mediators Criminal Law Ex Comm MCLE Comm Judicial Liaison Annual Meeting & YLS Annual Meeting & Family Law Holiday Luncheon 12 pm Holiday Mixer 5:30 pm Holiday Party 4:30 pm 14 15 16 17 18 BOG CAC Comm Civil Litigation Ex Comm Women Lawyers Ravioli Fundraiser 21 22 23 24 25

Christmas Holiday

28 29 30 31

MCLE Off Site Legal Small Claims Holiday Meeting Clinics Clinics

Unless otherwise indicated, all meetings start at 12 noon and are held at the SJCBA office.

Terrence D. Williams Retires Terrence D. Williams is retired from his Social Security practice and has referred his clients to Cerney Kreuze & Lott, LLP. As of his retirement, he will have been practicing law for almost forty years. Before practicing law, Mr. Williams was a peace officer with the California Youth Authority. He earned his law degree at the University of Pacific McGeorge School of Law and earned his undergraduate degree from San Diego State University. An adjunct professor at Humphreys College Drivon School of Law, Mr. Williams has taught Social Security Law for years and authored the Social Security Disability Primer, which is now in its fourth edition.

Holiday Hours Please note the following holiday hours for the SJCBA, LRS & DRS: Thursday, December 24: Closing early Friday, December 25: Closed Thursday, December 31: Closing early Friday, January 1: Closed

Page 40 Across the Bar Third Quarter 2015 Calendar & Member Announcements

January 2016 Monday Tuesday Wednesday Thursday Friday 1

4 5 6 7 8 Probate, Trust & Estate Women Lawyers LRS Comm Crim Law Roundtable Planning Ex Comm Ex Comm

BOG Ex Comm 11 12 13 Criminal Law Exec 14 15 MCLE Comm Family Law Ex Comm Masters Series Masters Series Family Law Issues for LBGT People After Masters Series Masters Series Walking the Line: Legal Ethics & the Supreme Court’s Criminal Law Basics Probate Update 2016 Professional Responsibility in a Rapidly Landmark Decision Changing Legal Environment 18 19 20 21 22 CAC Comm Civil Lit Ex Comm BOG Martin Luther King, Jr. Masters Series Paralegal Ex Comm Worst & Best Practices: Masters Series Holiday Masters Series Employment Law Update A Candid View from Our Bench Show Me the Money 25 26 27 28 29 Masters Series Masters Series Young Lawyers ADA- Hell on Wheels Masters Series Admissibility of E-Discovery in Court Ex Comm Saving Your Bacon: Appellate Essentials Lawyers Assistance Comm for Civil Trial Lawyers

MCLE Off Site Legal Small Claims Holiday Meeting Clinics Clinics

Unless otherwise indicated, all meetings start at 12 noon and are held at the SJCBA office.

2016 SJCBA Dues Renewals The 2016 dues have been sent out. You can renew online along with payment information at www.sjcbar.org or you can mail in the invoice you received in the mail to: SJCBA, 20 N. Sutter Street, Suite 300, Stockton, CA 95204. If you did not receive your dues renewal invoice, please contact Jennifer Riggs at (209) 948-0125 or [email protected].

Masters Series 2016 The 2016 Masters Series begins on January 11, 2016. There are ten MCLE programs spread over three weeks. You can purchase a Mini-Passport to attend five programs or a Full Passport to attend all ten programs. All programs are held at noon at the SJCBA and lunch is provided for pre-registrants only. Please see pages 30- 36 of this issue for information on the programs and registration. If you have any questions or need further information, please contact Jennifer Riggs at (209) 948-0125 or [email protected]. Please note that in order to receive the Member price, you must have paid your 2016 SJCBA dues.

Third Quarter 2015 Across the Bar Page 41 Calendar & Member Announcements

February 2016 Monday Tuesday Wednesday Thursday Friday Probate, Trust & Estate 1 2 3 4 5 Planning Ex Comm w/ ATB Comm Women Lawyers Bench & Court Staff Crim Law Roundtable New Lawyers Reception Ex Comm DRS Comm 8 9 10 11 12

BOG Ex Comm MCLE Comm Family Law Ex Comm Criminal Law Ex Comm Lincoln’s Birthday w/ Bench 15 16 17 18 19 Civil Lit Ex Comm BOG President’s Day CAC Comm Paralegal Ex Comm

22 23 24 25 26 Young Lawyers Lawyers Assistance Comm Judicial Liaison Ex Comm

29

MCLE Off Site Legal Small Claims Holiday Meeting Clinics Clinics

Unless otherwise indicated, all meetings start at 12 noon and are held at the SJCBA office.

Michelle Krattiger Joins Herum/Crabtree/Suntag Janelle Krattiger has joined the Stockton law firm of Herum Crabtree Suntag as an associate attorney. Ms. Krattiger earned a Bachelor of Arts in Psychology before going on to receive her law degree from the University of California at Davis School of Law in 2014. While in law school she clerked with the Delta Stewardship Council, the Department of Water Resources, the State Office of Planning and Research, and BSK Associates. After passing the July 2014 bar exam, Ms. Krattiger was selected and served as a legal fellow for the California Environmental Law & Policy Center at the University of California at Davis School of Law. She researched water issues and authored a white paper on California’s groundwater law, the Sustainable Groundwater Management Act. At Herum Crabtree Suntag, Ms. Krattiger’s practice focuses primarily on the areas of water rights, environmental law, and public agency law. She researched water issues and authored a white paper on California’s groundwater law, the Sustainable Groundwater Management Act. Ms. Krattiger was born and raised in Sacramento and now lives in Acampo with her husband and two dogs.

Page 42 Across the Bar Third Quarter 2015 Classified Section

Civil Litigation Office Space Available Assistant Needed FOR LEASE: 7540 Shoreline Drive, Tracy law firm is currently seeking a full or Stockton, CA. 3 professional offices with 2 part time experienced civil litigation legal secretarial carrels. Great space suitable for assistant. attorneys, accountants, real estate brokers or Contact Mark for more information other professionals in a prestigious location (209) 836-0725 with Kroloff, Belcher, Smart, Perry & Christopherson. Shared amenities include nightly janitorial, building alarm, on site Office Space Available parking, reception area, and furnished lobby. 120 N. Hunter Street Stockton, CA Please see our ad on page 22. Contact Marion Jensen at Contact Tammy Ryans for more (209) 244-4952 information (209) 478-2000 [email protected]

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Third Quarter 2015 Across the Bar Page 43 San Joaquin County Bar Association 20 North Sutter Street, Suite 300, Stockton, CA 95202 RETURN SERVICE REQUESTED

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