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 2019 • Volume 69 Number 8 MAGAZINE www.riversidecountybar.com [email protected] In This Issue CPRA: The Only Constant is Change The Pendulum Continues to Swing Toward More Public Scrutiny of Police Professionals Government Work —Why It Is the Best Gig The Feres Doctrine: To Our Servicemembers, the Government Giveth and Taketh (Tort Suits) Away Coming Soon to a Federal Court Near You—Federal Takings Claims Riverside U.S. Attorney’s Office Sees Rapid Growth Legislation and Regulations: The Role of Private Counsel The CPRA and Obtaining County Confidential Social Services Records The Official Publication of the Riverside County Bar Association Ad - 8.5 x 11 YOUR GOOD PRACTICE IS REFLECTED IN OUR NEW LOWER RATES. As we celebrate our 40-year anniversary, we are pleased to announce that we were able to lower our rates by an average of 17.5% effective January 1, 2019. As the leading provider of professional liability insurance, continued legal education and member benefits to California lawyers, we are committed to the next 40 years and will continue to build with the future and our members’ best interest in mind. We invite you to visit our new website at www.lawyersmutual.com, call us at 818.565.5512 or email us at [email protected] to make sure you have the right professional liability cover at the right price for your practice. We’re here so you can practice with peace of mind. www.lawyersmutual.com Publications Committee Sophia Choi Boyd Jensen Donald Cripe Robyn Lewis Melissa Cushman Juanita Mantz Megan Demshki Chad Morgan DW Duke Charlene Nelson CONTENTS Abram Feuerstein David Rivera Stefanie Field Alexandra Fong Nesa Targhibi Betty Fracisco Gabriel White Andrew Gilliland Jamie Wrage Amy Guldner Lisa Yang Columns: Editor ............................................. Jacqueline Carey-Wilson 3 ..................................President’s Message by Jack Clarke, Jr. Copy Editors ..................... Yoginee Braslaw & Juanita Mantz 6 ........... Barristers President’s Message by Paul Leonidas Lin Design and Production ........................ PIP Printing Riverside Cover Design ........................................Siyanight/Shutterstock Officers of the Bar Association COVER STORIES: President President-Elect 8 .................................... CPRA: The Only Constant is Change Jack B. Clarke, Jr. Sophia H. Choi by Christine Wood (951) 686-1450 (951) 955-6300 [email protected] [email protected] 10 ....... The Pendulum Continues to Swing Toward More Public Vice President Chief Financial Officer Scrutiny of Police Professionals Neil D. Okazaki Lori Myers (951) 826-5567 (949) 300-3596 by Robert L. Rancourt, Jr. [email protected] [email protected] 11 ...........................Government Work—Why It Is the Best Gig Secretary Past President by Juanita E. Mantz Kelly Moran Jeff Van Wagenen (951) 529-4092 (951) 955-6300 [email protected] [email protected] 13 .................The Feres Doctrine: To Our Servicemembers, the Government Giveth and Taketh (Tort Suits) Away Directors-at-Large by David P. Rivera Erica M. Alfaro Megan G. Demshki (951) 686-8313 (951) 434-1424 [email protected] [email protected] 19 ............................. Coming Soon to a Federal Court Near You Mark A. Easter Chris A. Johnson —Federal Takings Claims (951) 686-1450 (951) 695-8700 by Daniel S. Roberts [email protected] [email protected] 22 ..............Riverside U.S. Attorney’s Office Sees Rapid Growth Executive Director by Joseph B. Widman Charlene Nelson (951) 682-1015 [email protected] 24 ..... Legislation and Regulations: The Role of Private Counsel by Boyd F. Jensen II Officers of the Barristers Association 26 .......................The CPRA and Obtaining County Confidential Social Services Records by Jacqueline Carey-Wilson President Treasurer Paul Lin David Rivera (951) 888-1398 Members-at-Large [email protected] Alejandro Barraza President-Elect Ankit Bhakta Goushia Farook Patricia Mejia Features: Stuart Smith Secretary Lauren Vogt 20 ...............................................................29th Annual Red Mass Michael Ortiz Past President Megan G. Demshki 28 ........................... Judicial Profile: Judge Johnnetta E. Anderson by Jennifer Small 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 ............. 23 Riverside Lawyer, September 2019 1 MISSION STATEMENT CALENDAR Established in 1894 September 9 Civil Litigation Roundtable Discussion The Riverside County Bar Association, established in 1894 to foster Judge Craig Riemer, Riverside Superior Court social inter ac tion between the bench and bar, is a professional or ga ni- RCBA Boardroom (First Floor) 12:10 – 1:10 p.m. zation that provides con tinu ing education and offers an arena to resolve MCLE – .75 hour General 10 Civil Litigation Section various prob lems that face the justice system and attorneys prac tic ing in Noon – 1:15 p.m. Riverside County. RCBA Gabbert Gallery Speaker: Stefanie Field Topic: “Summary Judgment Motions” MCLE – 1 hour General RCBA Mission Statement 17 Family Law Section Noon – 1:15 p.m. The mission of the Riverside County Bar Association is: RCBA Gabbert Gallery To serve our members, our communities, and our legal system. Speakers: Ron Benavente and Barbara Hopper Topic: “Bonvino: Undue Influence…Who Cares?” MCLE – 1 hour General 19 Solo & Small Firm Section Membership Benefits Noon – 1:15 p.m. RCBA Gabbert Gallery Involvement in a variety of legal entities: Lawyer Referral Service Speaker – Dayn Holstrom Topic: “Growing a Successful Firm – Small or (LRS), Riverside Legal Aid, Fee Ar bi tra tion, Client Re la tions, Dis pute Large” Res o lu tion Ser vice (DRS), Barristers, Leo A. Deegan Inn of Court, Mock MCLE – 1 hour General 19 RCBA Annual Installation of Officers Dinner Trial, State Bar Confer ence of Dele gates, Bridg ing the Gap, and the RCBA Mission Inn – Grand Parisian Ballroom Social Hour – 5:30 p.m. - Riverside Superior Court New Attorney Academy. Dinner – 6:30 p.m. Membership meetings monthly (except July and August) with key note October speak ers, and par tic i pa tion in the many committees and sections. 1 29th Annual Red Mass 6:00 p.m. Eleven issues of Riverside Lawyer published each year to update you Sacred Heart Catholic Church Rancho Cucamonga on State Bar matters, ABA issues, local court rules, open forum for com- (Please see information on page 20) mu ni ca tion, and timely busi ness matters. 9 Understanding the Judicial Appointment Process 5:00 p.m. Social gatherings throughout the year: Installation of RCBA and Grier Pavillon, Riverside City Hall Speaker: Justice Martin Jenkins, Judicial Bar risters Of fic ers din ner, Law Day ac tiv i ties, Good Citizenship Award Appointments, Secretary for Governor Gavin Newson ceremony for River side County high schools, and other special activities, Sponsored by the Richard T. Fields Bar Continuing Legal Education brown bag lunches and section work shops. Association 18 General Membership Meeting RCBA is a cer ti fied provider for MCLE programs. Noon – 1:30 p.m. RCBA Gabbert Gallery Speakers: Peter Houlahan (Author of Norco 80: The True Story of the Most Spectacular Bank Robbery in American History), The Riverside Lawyer is published 11 times per year by the Riverside County Judge J. Thompson Hanks (ret.) and RSO Deputy Sheriff John Burden (ret.) Bar Association (RCBA) and is distributed to RCBA members, Riverside More information to follow County judges and administrative officers of the court, community leaders 24 RCBA Dispute Resolution Presents: and others interested in the advancement of law and justice. Advertising and “The Use and Misuse of Apology and Forgiveness in an nounce ments are due by the 6th day of the month preceding publications Mediation” Guest Speaker: Peter Robinson, Esq.,Professor (e.g., October 6 for the November issue). Articles are due no later than 45 of Law, Straus Institute for Dispute Resolution, days preceding publi ca tion. All articles are subject to editing. RCBA members Pepperdine University School of Law 9:00 a.m. – 4:00 p.m. (check-in 8:30 a.m.) receive a subscription au to mat i cal ly. Annual sub scrip tions are $25.00 and DRS Mediators & Riverside Superior Court single copies are $3.50. Mediation Submission of articles and photographs to Riverside Lawyer will be deemed Program Mediators – Free RCBA Members – $50, Non RCBA Members – $95 to be authorization and license by the author to publish the material in the RSVP by October 21 to DRS office, 951.682.2132 Riverside Lawyer. or [email protected] MCLE Credit – 5.5 hours General The material printed in the Riverside Lawyer does not necessarily reflect the opin ions of the RCBA, the editorial staff, the Publication Committee, or EVENTS SUBJECT TO CHANGE. For the latest calendar information please visit the other columnists. Legal issues are not discussed for the purpose of answering RCBA’s website at riversidecountybar.com. spe cif ic questions. Independent research of all issues is strongly encouraged. 2 Riverside Lawyer, September 2019 have named Judge Dallas Holmes (ret.), Judge Charles Fields (ret.), Chief Judge of the Central District Virginia Phillips, who was a senior associate at BB&K when I first met her, Bill DeWolfe, Anne Thomas, Gene Tanaka, Chris Carpenter, Dick Anderson, John Brown, or several others who had a distinct impact on me. But, Bart made a deep impression on me, even before I became a lawyer.) Third, Mark Rochefort. Mark was a partner in the Los Angeles law firm that I worked with in the late eighties. Mark is a tremendous trial attorney and a tremendous human being from whom, hopefully, I learned a lot. I think that is enough about my background. So next, I would like to say thank you to a few of our members.