Riverside Lawyer Magazine
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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 September 2017 • Volume 67 Number 8 MAGAZINE www.riversidecountybar.com [email protected] AVAILABLE NOW AT WWW.BARNESANDNOBLE.COM In This Issue WWW.AMAZON.COM OR YOUR LOCAL BOOKSTORE Vergara v. California: The Impact of Teacher Tenure on Educational Opportunity “I want you to tell the world the truth about Town versus Gown: How Land Use and Environmental HISTORICAL FICTION the Resistance. Let the world know that we Laws Mediate Disputes Between Universities, Colleges, It is September 1, 1939 when Germany invades Poland and transforms eight-year-old Casimir BIEBERS WITH THOMAS fought back and we fought well. Many of us Bieberstein’s world forever. Th e son of a wealthy Jewish businessman, Cass happily lives in a and the Neighborhoods They Call Home (BIEBERSTEIN) thirty-room mansion. But when his family is forcibly ejected from their opulent and luxurious DUKE D.W. existence, Cass is immersed in a dark life he never could have envisioned in his wildest dreams. died fighting, but we had nothing to lose. The Non-Dischargeable Student Loan Aft er moving from one apartment to the next, Cass and his family are eventually forced into the We were going to die on our terms; and not Jewish ghetto in Warsaw nearly three years later. Cass, who is seeking justice and the neutralization of Arturo, responds in the only way he knows and becomes a sniper for the Jewish Resistance. The 2017 RCBA Reading Day Was a Huge Success As battles lead him to fi ght in the 1943 and 1944 uprisings as well as with the Soviet Army when without a fight.” they fi nally drive Germany out of Poland, Cass ultimately turns the tables on his oppressors and becomes a shining example of the inner-strength and determination of the Jewish people to never Back to School in the Andes give up, no matter what. It is September 1, 1939 when Germany invades Poland and An Exception to Education Code Section 44808: When Injuries Not without a Fight shares the true story of a Polish Jew’s journey to become a Resistance Fighter transforms eight-year-old Casimir Bieberstein’s world forever. intent on seeking justice for wrongs while attempting to survive the atrocities of the Holocaust. The son of a wealthy Jewish businessman, Cass happily lives in Off School Grounds Can Result in School District Liability NOT WITHOUT A FIGHT WITHOUT NOT a thirty-room mansion. But when his family is forcibly ejected Confronting the Uncomfortable Truth: California D.W. Duke is an experienced California trial attorney who earned a bachelor of from their opulent and luxurious existence, Cass is immersed in Schools Required to Address Suicide Prevention arts from the University of Michigan and a juris doctor from Washington University a dark life he never could have envisioned in his wildest dreams. School of Law. He holds a fourth-degree Top 7 “Education” Movies black belt conferred by the World Tae Kwon After moving from one apartment to the next, Cass and his Do Federation in Seoul Korea, is a freelance First One to Bite the Dust editor for Oxford University Press, and is the author of six books. family are eventually forced into the Jewish ghetto in Warsaw nearly four years later. Cass, who is seeking justice and the neutralization of Arturo, responds in the only way he knows Thomas Biebers is the son of Casimir and becomes a sniper for the Jewish Resistance. As battles lead Bieberstein, a Holocaust survivor and member of the Jewish Resistance. Tom is him to fight in the 1943 and 1944 uprisings as well as with the an actor and a businessman who served in the Marines and attended California Soviet Army when they finally drive Germany out of Poland, State University, Long Beach. Since then, he has built an impressive foundation of Cass ultimately turns the tables on his oppressors and becomes experience both in front of and behind the camera. a shining example of the inner-strength and determination of U.S. $XX.XX the Jewish people to never give up, no matter what. Not without a Fight is based on the true story of a Polish Jew’s journey to become a Resistance Fighter intent on seeking justice for wrongs while attempting to survive the atrocities of the Holocaust. AUTHORS D.W. Duke is an experienced California trial attorney who earned a bachelor of arts from the University of Michigan and a juris doctor from Washington University School of Law. He holds a fourth-degree black belt conferred by the World Tae Kwon Do Federation in Seoul, Korea, is a freelance editor for Oxford University Press, and he is the author of six books. Thomas Biebers is the son of Casimir Bieberstein, a Holocaust survivor and member of the Jewish Resistance. He is an actor and businessman who served in the Marines and attended California State University Long Beach. Since then, he has built an impressive foundation of experience both in front of and behind the camera. The Official Publication of the Riverside County Bar Association Publications Committee Sophia Choi Boyd Jensen Julianna Crawford Robyn Lewis Donald Cripe Jennifer Lynch Melissa Cushman Juanita Mantz Megan Demshki Chad Morgan CONTENTS DW Duke Charlene Nelson Abram Feuerstein Stefanie Field Nesa Targhibi Alexandra Fong Mohammad Tehrani Columns: Betty Fracisco Jamie Wrage Amy Guldner Lisa Yang 3 ...................... President’s Message by L. Alexandra Fong Editor ............................................. Jacqueline Carey-Wilson 4 .. Barristers President’s Message by Shumika T. R. Sookdeo Copy Editors ..................... Yoginee Braslaw & Juanita Mantz Design and Production ........................ PIP Printing Riverside Cover Design ............... Jacqueline Carey-Wilson/PIP Printing COVER STORIES: 6 ....... Vergara v. California: The Impact of Teacher Tenure on Officers of the Bar Association Educational Opportunity by Jamie Traxler President President-Elect L. Alexandra Fong Jeffrey A. Van Wagenen, Jr. 8 ...Town versus Gown: How Land Use and Environmental Laws (951) 955-6300 (951) 955-1309 [email protected] [email protected] Mediate Disputes Between Universities, Colleges, Vice President Chief Financial Officer and the Neighborhoods They Call Home Jack B. Clarke, Jr. Sophia H. Choi by Jennifer Lynch (951) 686-1450 (951) 955-6300 [email protected] [email protected] 10 .................................. The Non-Dischargeable Student Loan Secretary Past President by Cathy Ta Nicholas Firetag Jean-Simon Serrano (951) 684-2171 (951) 682-6400 12 ...............The 2017 RCBA Reading Day Was a Huge Success [email protected] [email protected] by Jacqueline Carey-Wilson Directors-at-Large 14 ................................................. Back to School in the Andes Stefanie G. Field Lori Myers by Abram S. Feuerstein (951) 684-2171 (949) 300-3596 [email protected] [email protected] 16 .........An Exception to Education Code Section 44808: When Jennifer Lynch Matthew Strickroth (951) 686-1450 (951) 955-5400 Injuries Off School Grounds Can Result [email protected] [email protected] in School District Liability by Megan Demshki Executive Director Charlene Nelson (951) 682-1015 18 ..... Confronting the Uncomfortable Truth: California Schools [email protected] Required to Address Suicide Prevention by Dorothy McLaughlin and Heraclio Pimentel Officers of the Barristers Association 20 .................................................... Top 7 “Education” Movies by Juanita E. Mantz President Treasurer 22 ....................................................First One to Bite the Dust Shumika T. R. Sookdeo Nesa Targhibi (951) 683-3974 by Julianna Crawford [email protected] Members-at-Large Kris Daams President-Elect Megan Demshki Breanne Wesche Braden Holly Paul Lin Features: Secretary Priscilla George Past President 24 ......................................... Opposing Counsel: Breanne Wesche Erica Alfaro by Betty Fracisco 26 ..................................... Judicial Profile: Judge Burke Strunsky by Mary Gilstrap Riverside County Bar Association 4129 Main Street, Suite 100 Riverside, California 92501 Telephone Facsimile Departments: 951-682-1015 951-682-0106 Internet E-mail Calendar .................. 2 Membership .............. 28 www.riversidecountybar.com [email protected] Classified Ads ............. 28 Riverside Lawyer, September 2017 1 MISSION STATEMENT CALENDAR Established in 1894 SEPTEMBER The Riverside County Bar Association, established in 1894 to foster 12 Civil Litigation Section Meeting Noon – 1:15 p.m. social inter ac tion between the bench and bar, is a professional or ga ni- RCBA Gabbert Gallery zation that provides con tinu ing education and offers an arena to resolve Speaker: Ambassador David Huebner (Ret.) various prob lems that face the justice system and attorneys prac tic ing in Topic: Best Practices Tips from the Riverside County. Arbitrators About Arbitration MCLE RCBA Mission Statement 13 Criminal Law Section The mission of the Riverside County Bar Association is: Noon – 1:15 p.m. RCBA Gabbert Gallery To serve our members, our communities, and our legal system. Speaker: Paul Grech Topic: Cross Examination MCLE Membership Benefits 19 Family Law Section Involvement in a variety of legal entities: Lawyer Referral Service Noon – 1:15 p.m. (LRS), Riverside Legal Aid, Fee Ar bi tra tion, Client Re la tions, Dis pute RCBA Gabbert Gallery Res