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1 • Bar Notes www.sfvba.org September 2001

Volume 8 • IssueBarBar 6 • September 2001 A PublicationNotesNotes of the San Fernando Valley Bar Association Save HARRY PREGERSON HONORED the Date! Saturday WITH STANLEY MOSK AWARD September 29, 2001 Two of ’s judicial community. Since the 1960’s, Judge Pregerson has Diamond legends will be honored by served as an advisor to International Orphans Inc., the San Fernando Valley Bar Jewish Big Brothers, the Salvation Army, the Marine Anniversary Association at its Diamond Corps Reserve Toys for Tots Program, and a number Gala Anniversary Gala & Installation of other charities. He is a long-time advocate for the Dinner Dance on September 29. homeless and veterans. Pregerson was honored earlier See page 10 for details. Circuit Judge Harry Pregerson, this year by the U.S. Department of Veterans Affairs a Valley icon for fifty years and for his work toward improving the lives of homeless the oldest active judge on the veterans. He founded the Bell Homeless Shelter in In This Issue Ninth Circuit Court of Appeals, will be presented southeast and started the Westwood with the Stanley Mosk Legacy of Justice Award, Transitional Village to provide furnished apartments named after the influential associate justice of the for homeless families. While a U.S. District Court President’s Message ...... 3 California Supreme Court, who died June 19 after judge, Judge Pregerson ensured construction of Labor Commission Repeals serving a record 37 years on the State’s highest court. 3,800 affordable housing units to replace homes Position on Exempt “Justice Mosk will be remembered for his longevity, removed to make way for the Century Freeway. Employee Deductions ...... 6 independence and the compassion he brought to the Judge Pregerson will be honored at the Diamond Bench,” said SFVBA President-Elect Lyle Greenberg. Anniversary Gala & Installation Dinner Dance on Expanded Tax Benefits for “Judge Pregerson shares those qualities as well as September 29 at the Universal Sheraton Hotel. Education Starting in 2002 ...... 9 Mosk’s strong advocacy for the less fortunate in The evening will also include the installation of SFVBA Commissions Artists our society.” incoming President Lyle Greenberg and the premier for Courthouse Murals ...... 11 “It is befitting to honor Judge Pregerson at our of the documentary Lawyers of the Valley: A Tradition Payroll and the Internet: Diamond Anniversary Gala. He is one of the most of Fellowship and Service, narrated by Emmy Award One Way of Reducing Overhead ...... 12 accomplished members in our Association’s winning actor Kelsey Grammer. The documentary seventy-five year history, and remains one of looks back on the seventy-five year history of the Calendar...... 14-15 the most admired.” SFVBA and features interviews with well-known Supreme Court Strengthens Harry Pregerson set up his law practice in a alumni such as Armand Arabian, Charles Manatt, Writers Copyright Rights ...... 17 Van Nuys store-front office with future San and Harry Pregerson; the SFVBA’s first Executive Fernando Valley Congressman James Corman Director, Barbara Williams; and Bar Leaders from Los Angeles Superior Court Seeks shortly after graduating from Boalt Hall in 1950. the 30’s up to the present. Applicants for Grand Jury...... 18 In 1965, Pregerson was appointed to the Los Angeles More than five hundred past and current members, Message from Municipal Court by Governor Pat Brown and to judges, and elected officials are expected to attend the LRIS Coordinator ...... 19 the Superior Court in 1966. A year later, President gala event, including Judges of the California Supreme Lyndon Johnson tapped Pregerson for a seat on the Court and the Ninth Circuit Court of Appeals. Valley Community Legal U.S. District Court, where he presided until Entertainment will be provided by the Horace Heidt Foundation Report ...... 22 President appointed him to the Orchestra and Roscoe’s Rascals Swing Dancers. Tawny New Policy for Los Angeles federal appeals bench in 1979. His chambers are Little is Master of Ceremonies and U.S. District Court Superior Court ...... 22 in a Warner Center high-rise. Judge William Rea will give the commemorative toast. The SFVBA honored Pregerson in 1992 with Tickets are $100. For reservations call (818) 227-0490, New Members ...... 24-25 the Stanley M. Lintz Award for his work in the ext. 105. See Pregerson, continued on page 12 Classified Ads ...... 26 13273 Sept Barnotes 8/17/01 11:20 AM Page 2

2 • Bar Notes www.sfvba.org September 2001 September 2001 www.sfvba.org Bar Notes • 3

Bar Notes REFLECTIONS SAN FERNANDO VALLEY BY CHRISTINE LYDEN BAR ASSOCIATION Sometimes the best way One of my goals this year was to make an effort to meet more of 21300 Oxnard Street, Suite 250 Woodland Hills, CA 91367 our members and encourage new people to participate in our Phone (818) 227-0490 committees and sections. Along the way, I came to recognize and to keep a client Facsimile (818) 227-0499 appreciate the extraordinary talent of the members who volunteer to Web site www.sfvba.org serve as committee chairs and sections. Christine Lyden As a business litigator, I have had limited contact with the is to send them to us. BOARD OF TRUSTEES SFVBA President Family Law Section. Barbara Azimov and the Family Law Executive President ...... Christine Lyden Committee welcomed me with open arms at the beginning of the year. I had the pleasure of President-Elect...... Lyle Greenberg Secretary...... Steve Holzer meeting Terri Lynch, the second woman President of our association and many others on the Treasurer ...... James Felton executive committee. I learned a lot about our Association’s history from the executive Past President ...... Mark S. Blackman committee. I am truly impressed with Barbara’s leadership abilities with the Family Law Executive Director...... Elizabeth Post Section. She is a tremendous asset to our association and hope she will continue to serve in TRUSTEES a leadership position. Anne Adams Tamila Jensen While attending the Family Law Section I finally had the opportunity to get to know Barbara Susanne Bendavid-Arbiv Marcia Kraft Linda Bulmash Richard Lewis Jean Penney, the first woman to serve as President of the San Fernando Valley Bar Association. Raul Contreras Lloyd Mann I had met Barbara Jean on many occasions but never had the opportunity to speak to her until Neal Dudovitz Patricia L. McCabe this year. I greatly appreciate her advice and wisdom. She is a gracious, kind person and a Gerald L. Fogelman Alice A. Salvo Steven R. Fox Judith Simon wonderful role model for all women who seek leadership positions in our association. STAFF I have tried during the year to thank and acknowledge the work of all of our volunteers. LRIS Coordinator ...... Michele Morley If I have fallen short I apologize because I am awed and amazed by the dedication and LRIS Counselor ...... Gayle Linde commitment of all of our volunteers. In particular I would like to acknowledge the hard LRIS Counselor ...... Valeria Ledezma work of Anne Adams and Patty MacCabe. Starting with last year’s Installation Dinner, Anne Events Coordinator ...... Linda Temkin and Patty have devoted hundreds of hours in organizing and running Monte Carlo Night, SECTION CHAIRS volunteering for Blanket the Homeless and running the silent Auction at the Law Day Dinner. ADR...... Mike Prihar/Alice Salvo As Co-Chair of the Marketing Committee, Anne Adams is responsible for starting a marketing Barristers ...... Kevin Rex Business Law ...... Lloyd Mann internship program with students from CSUN and for helping us reach our goal of 2000 We specialize in areas you don’t ... Larry Simons members before the end of my term. At last count we were 32 members short of that goal, Criminal Law...... Seymour Amster but it should become a reality in the fall. Thank you to Anne and Patty for all of your hard and in returning your satisfied clients to you. Entertainment Law...... Sheldon Eskin Family Law ...... Barbara Azimov work over this past year! I am saddened that this is Anne’s last year on the Board of Trustees. Proving you can have your cake and eat it, too. Intellectual Property Anne, you have served us well and I hope you will continue with the work you have started and Internet Law ...... Holli Fillbach in the Marketing Committee. Debra Sweeney Litigation ...... Robert Flagg This year I had the great pleasure of giving the Public Service Award to Robbie Stovitz Referring a client can make attorneys nervous. important part of our job is sustaining their Maria Skinner and Caron Caines at the Lintz Awards Dinner in June. I have since been able to volunteer Expose them to another firm? Maybe to never allegiance to you. Small Firm and Sole Practitioner ...... Susan Weissman one afternoon at the Self Help Center and intend to continue to volunteer. I am impressed see them again? Forever? So if you have a client who has needs in any Dean Schreyer with Robbie and Caron’s commitment. The Self-Help Center is serving a great need to Not when you refer them to Lewitt, Hackman. one of the areas listed above–we have years of Probate & Estate Planning ....Laura Conti members of our community. I want to thank all of the members of our association who Taxation ...... Richard Block For thirty years, referrals have been an in-depth experience in every one of Robert Leonard have volunteered over the past year. Arter & Hadden has supported the program from its important part of our practice. That’s why, them–don’t hesitate to give us a call. Women Lawyers...... Tamila Jensen inception. Without the volunteers from our Association the Self Help Center would not be Workers’ Comp...... William Kropach when we receive referrals, we adhere to two key You can be sure that we’ll give your clients able to function. The focus of this year has been on celebrating our 75th Anniversary. I have served on the principles. First, we consider them your clients, excellent service. Bar Notes is published 11 times a year. Articles, on loan to us. And second, we believe that an And then we’ll send them back to you. announcements, and advertisements are due by Court’s Improvement Committee chaired by Judge Alice Hill and Marcia Kraft. Judge Hill the first day of the month prior to the publication and Marcia have done a tremendous job in setting up a mural project at the Van Nuys, date. The articles in Bar Notes are written for general interest and are not meant to be relied Burbank, Sylmar and San Fernando Courthouses. The committee has selected two talented upon as a substitute for independent research and muralists to work on the project. I must give recognition to all of the members who serve LEWITT, HACKMAN, SHAPIRO, MARSHALL & HARLAN independent verification of accuracy. on this committee because through their efforts, I believe that this will be one of the truly A LAW CORPORATION Layout & Design Pre-press & Printing, great projects of the 75th Anniversary and will leave a lasting legacy for years to come. 16633 Ventura Boulevard • 11th Floor • Encino • CA 91436 • (818)990.2120 FAX (818)981.4764 Master Graphics Printing The 75th Anniversary Committee is chaired by Fred Gaines, Past President, and Jim Felton, visit our website @ www.lewitthackman.com (818) 343-0500 Treasurer. I thank both Fred and Jim for devoting their time and energy to this project. © 2001 San Fernando Valley Bar Association Our Anniversary Gala on September 29 will be an extraordinary event thanks in large part to the efforts of Fred and Jim. See President, continued on page 5 13273 Sept Barnotes 8/17/01 10:51 AM Page 4

4 • Bar Notes www.sfvba.org September 2001 September 2001 www.sfvba.org Bar Notes • 5

President, continued from page 3 I have been blessed this past year with a ACTION DISPUTE RESOLUTION SERVICESSM wonderful Board of Trustees and Executive PROVIDING THE JURISTS YOU NEED FOR THE JUSTICE YOU DESERVE Committee. Jim Felton, Treasurer, Co-Chaired the 75th Anniversary Committee; AREAS OF Hon. Thomas Schneider, recently Steve Holzer, Secretary, was our represen- SPECIALIZATION: tative to the Los Angeles County Bar retired Supervising Judge of the • Association as well as serving as Co-Chair Construction Northwest District, is now available • Real Estate of the Marketing Committee; and Lyle • Complex Business for mediation, arbitration, and Greenberg, President-Elect, served as • Product Liability discovery reference appointments. Personnel Committee Chair. Thanks to • Medical Malpractice Known for having exceptional Lyle and the committee’s efforts we were • Employment • knowledge of the law while on the able to implement an employee manual for Legal Malpractice bench, Judge Schneider also • Insurance Coverage the Bar staff. This was a tremendous • Personal Injury established a reputation for accomplishment and I thank Lyle and his • Family Law himself as an excellent settlement committee for their efforts. Mark Blackman, • Discovery Reference judge, particularly in real estate Past President, was involved in basically and construction matters. every project of the Bar Association. Mark is an extraordinarily dedicated and committed member and due to his numerous contribu- tions to our Associations and other volunteer efforts, I have chosen to honor him with the President’s Award. I hope at that time I can Lucie Barron, Executive Director thank Mark properly for all he has done for 2049 Century Park East, Suite 350 Los Angeles, California 90067-3239 this Association. (310) 201-0010 (310) 201-0016 FAX I have enjoyed the camaraderie and friendship of all the members of the Board President of the San Fernando Valley of Trustees. Thank you for input, ideas and Bar Association. I must end the year by fellowship. Your time and dedication to the thinking these same three people for Messenger Service Bar Association is greatly appreciated. I will their continued support throughout the truly miss Anne Adams, Steve Fox, Raul year. Robert Weissman, David Hagen and Discounts to SFVBA Members Contreras and Linda Bulmash, all who are Mark Blackman have been true friends leaving the Board at the end of this year. I and mentors to me for the past ten years. have enjoyed serving with you and hope that Throughout this past year all three have you will continue to stay in touch. made themselves available to listen and The LRIS has had a very successful year give advice. Words alone cannot express 20th Year of Service to the thanks to the hard work of our counselors, the gratitude I feel to all three of you for San Fernando Valley/Southern Gayle Linde and Valeria Ledezma, and your support. California Legal Community director Michele Morley. All three of you have I must thank my family for their • Process Serving Per Your demonstrated your strong commitment to continued love and encouragement. Exact Specifications the Lawyer Referral Service, the panel Thank you to my sweetie, Jack Genero, • Court Filings/Last Minute Court members and the public. I thank you all for your patience, understanding and love. Filings in All Southern California for your remarkable efforts. My life would be empty without you. Courts I also want to acknowledge our executive I do not need to wish Lyle Greenberg • Mobile Notary director, Liz Post and our events coordinator luck in this upcoming year. Lyle has • Custom Courier Routes Linda Temkin. All of the events this past year already established himself as a leader as • Regular, Rush and Hot Rush have been memorable and special due to Chairman of the Woodland Hills Chamber • Licensed/Bonded/Insured your efforts. Liz is responsible for making of Commerce. I will only wish that he Uniformed Messengers this association run as smoothly as it does. has as much pleasure working with and (818) 774-9111 • (323) 851-7500 I thank Liz and Linda for making this year meeting the members of our association (310) 273-3002 an easy one for me. as I have over the past year. I have been I started this year thanking three people truly inspired by all of you and I thank “We Don’t Promise Anything for encouraging me to be nominated for the you for the great honor of serving as We Can’t Deliver” Executive Committee and ultimately your President. 13273 Sept Barnotes 8/17/01 10:51 AM Page 6

6 • Bar Notes www.sfvba.org September 2001 September 2001 www.sfvba.org Bar Notes • 7 LABOR COMMISSION REPEALS POSITION

ON EXEMPT EMPLOYEE DEDUCTIONS .com dlaw n BY CYNTHIA ELKINS HOGAN .fi

Inside Sales and Customer Service Representatives A common www 35 million misconception is that employees who are customer service represen- ebsites About the Author: Cynthia Elkins Hogan provides counseling for tatives or inside salespersons may be paid other than as non-exempt W employers and practices employment litigation in Encino. page views a month! ired to the world’s largest online legal community employees. These employees are non-exempt even if they are required To make comments about this article, call (818) 501-8550 or send to use their independent judgment and discretion in the performance email to [email protected]. of their duties since it is unlikely that these positions will meet the West FirmSite™ other requirements for exempt status. ™ After being inundated with complaints regarding the May 31, 2001 Employers should review their employee classifications and payroll Now, when you have West FirmSite build a Web site to meet your firm’s needs, it will be wired to FindLaw , the largest legal Opinion Letter, the Labor Commissioner of the State of California has practices to ensure that their employees are properly designated as site on the Internet. With 35 million page views per month, FindLaw drives more traffic and business to legal professionals withdrawn his position that mandated that exempt employees be paid exempt or non exempt and that deductions are made only when than any other site. Find out more by visiting www.firmsite.findlaw.com or by calling your local West Group Representative. their full monthly salary without deductions even if they missed entire permissible by state and federal law. weeks of work if any work was performed during the month. Jack Godsey • 818-378-2232 Jeff Jelinski • 818-879-1571 Bryan Poe • 818-694-2024 California employers may now return to relying on the weekly (818) 990-3565 Fax: (818) 990-2680 Encino, Tarzana, Reseda, Simi Valley Westlake, Calabasas, Woodland Hills Sherman Oaks, Northridge, Van Nuys basis rules for deductions that were in place prior to May 30. Exempt employees may now have deductions made from their pay if they do not perform any work in a workweek. It is still important to ensure that employees are properly Encino Escrow Company classified as exempt or non-exempt (not just hourly versus salary). To be considered exempt, an employee must be either an executive or administrative employee and must satisfy a “salary” and a Business Development “duties” test. Margarita F. Billings 16200 Ventura Blvd. #228 © 2001 West Group 3-9955-3/5-01 Trademarks shown are used under license. Also, the employee must be “primarily (more than 50%) engaged” Certified Escrow Officer Encino, CA 91436 in exempt duties and receive a monthly “salary” that equals or exceeds twice the minimum wage for full time employment. Full-time employment is defined in Labor Code Section 515(c) Quality, Affordable Medical Insurance For Your Law Office as forty hours per week.

For the “executive exemption” the employee: • Must have duties that involve the management of the “Authorized Insurance Agent” company or department; • Customarily and regularly directs the work or two or No Deductibles • Guaranteed Issue • Hospital Coverage • Prescription Benefits more other employees; • Has the authority to hire or fire or makes suggestions/ Kaiser Permanente Plan 3 recommendations as to hiring, firing and promotion; and Kaiser Permanente Plan 3 Age EE Only EE+S EE+C EE+S+C Rates listed are for • Customarily and regularly exercises discretionary powers. $10 Office Visit, $7 Prescriptions new groups only 0-29 $117 $257 $248 $384 and do not apply to Hospital Coverage (includes maternity) groups currently or For the “administrative exemption” the employee: 30-39 $127 $287 $279 $431 recently holding a contract with • Must have duties and responsibilities that involve the Employee/Dependent Codes: 40-49 $154 $346 $281 $481 Kaiser Permanente or those groups performance of office or non-manual work directly related to EE=Eligible Employees Only 50-54 $203 $419 $330 $539 that are currently management policies or general business operations of the EE+S=Eligible Employee plus Spouse 50-59 $250 $509 $377 $605 insured through EE+C = Eligible Employee plus Child or Children the Pacific Health employer or the employer’s customers; 60-64 $272 $595 $432 $697 Advantage EE+S+C=Eligible Employee plus Spouse and Child or Children • Customarily and regularly exercises discretion and 65+ $272 $598 $457 $708 independent judgment; Rates Effective 7-1-01 Thru 12-1-01 • For Groups With 6 or More Subscribers • Regularly and directly assists a proprietor or the executive or ` administrative employees of the business; Contact Dave Leveque Insurance Services • Performs under only general supervision work of a specialized or technical nature requiring special training experience or knowledge; or (818) 718-9494 Fax (818) 718-9202 • Email [email protected] • License# 0779852 • 21032 Devonshire St. #218, Chatsworth, CA 91311 • Executes under only general supervision special assignments and tasks for the employer. 13273 Sept Barnotes 8/17/01 10:51 AM Page 8

8 • Bar Notes www.sfvba.org September 2001 September 2001 www.sfvba.org Bar Notes • 9 SFVBA EXPANDED TAX BENEFITS FOR MEMBER BENEFITS SFVBA rents its Executive Boardroom for depositions EDUCATION STARTING IN 2002 and hearings. Amenities include breakout room,

beverage service, and free parking. Only $125 per day. BY JEFF TAUBMAN

○○○○○○○○ SFVBA attorney members receive free library privileges at the San Fernando Valley College of Law in Warner About the Author: Jeff Taubman is Tax Manager at Krycler, Center. Call 883-0529 for library hours.

○○○○○○○○ Ervin, Schreiber & Walheim. He was admitted as a Certified Public TAXES Receive the5% lowest monthly cellular discount phone and rates special in Southern Californiaequipment from pricing AT&T through Wireless. AT&T For pricing, Wireless information, Services. Accountant in California in 1982 and holds a Masters of Taxation.

andCall enrollment (818) 807-7160 forms, callfor details.1-818-807-7160.

○○○○○○○○ Join Southland Civic Federal Credit Union and gain Under the Economic Growth and Tax Relief Reconciliation Act of access to great interest rates on deposits and loans, no 2001, tax breaks will be broadened and available for more taxpayers fee traveler checks, and more. Call 1-800-426-1917. than under prior law. Most of these new tax breaks will be available ○○○○○○○○ for years beginning after 2001. MBNA offers members the exclusive Platinum Plus MasterCard. Call 1-800-457-3714. Qualified Tuition Programs (aka Section 529 Plans Qualified Mention priority code OMKA.

Tuition Plans) ○○○○ Mercury Office Machines offers members discounts Under present law, qualified state tuition programs give tax and flexible lease options on all Panasonic copiers, breaks to taxpayers who save for college on a prepaid basis. Taxes printers, and fax machines. Call (818) 782-1221. are deferred on earnings from amounts set aside in a qualified ○○○○○○○ account until the money is used for college or withdrawn. Earnings Contact the SFVBA office to receive a package of are taxed when withdrawn by the student, even though monies are TICKET discount coupons & membership cards for Southern TO RIDE! California’s major theme parks and attractions. used for educational purposes. The earnings become taxable to the

○○○○○○ student, which most likely will be subject to a lower tax rate than Now Messenger Service offers members who that of the parent. If money remains after the beneficiary graduates, • Transfers from one qualified tuition plan to another will be allowed open new accounts a 5% discount off their it can be used for graduate level courses or transferred to another once every 12 months. current rates. Call (818) 774-9111.

family member. There is no AGI limitation for donors, unlike • A 10% penalty tax will apply on the amount of distribution ○○ other education tax benefits such as education IRA’s and education includible in income. Chase Manhattan Mortgage gives members 1/2 tax credits. point fee discount on fixed and adjustable rate Education IRA’s

programs. Call John Bartnicki at (818) 226-0888. The donor’s gift qualifies for the annual exclusion even though ○○○○○ ○○○○○ the donor retains the right to decide when and to whom the funds Under pre-Act law, annual contributions to education IRAs for any Attorney Services of Southern California offers are to be distributed and can reacquire the funds at any time. A beneficiary could not exceed $500. Starting in 2002, the maximum SFVBA Members who open new accounts a 30% special provision allows donors to contribute up to $50,000 annual contribution is increased to $2,000 per beneficiary. Other discount off their current rates. Call (818) 772-4795. ($100,000 for married couples) in one year per beneficiary, every changes include the following: • • • • • • • • •• • • • • • • • • fifth year, with no gift tax consequences, assuming no other gifts • Qualified educational expenses will include elementary and Firms with 3 or fewer lawyers can save up to 15% or more on professional insurance are made to the beneficiary during the five year period. secondary public, private or religious school tuition and expenses, coverage backed by Fireman’s Fund through ePolicy.com. Under the new law effective in 2002, distributions from qualified including tutoring, room and board, uniforms and special needs • • • • • • • • •• • • • • • • • • state programs will be excluded from gross income to the extent services. In this context, the purchase of computers and internet Call insuranceTo obtainprofessional fleet pricing Mary Fabreon your LeVine next car,J.D. callat (818) 346- they are used to pay for qualified higher education expenses, instead access will also apply. 3206 to receiveGina up Lopez to a at30% Keyes discount Express on at personal (818) 907-4168. disability of the deferral under current law. In addition, qualified private • The phase-out amounts of AGI allowed for a contributor has been insurance and a 10-15% discount on long term care insurance. • • • • • • • • •• • • • • • • • • institutions of higher learning will be covered under Section 529. raised from $150,000 to $160,000 to $190,000 to $220,000, which • • • • • • • • •• • • • • • • • • Kelly Staff Leasing offers members a 15% discount off the Eligible educational institutions include colleges, universities, is double the amount for single filers, and thereby eliminating Toregular obtain price fleet of pricingtheir HR on support your nextand employee car, call Ginaadministration Lopez at service.Keyes Express Call Manny at (818) at (818) 907-4168. 717-1867. vocational schools or other post-secondary educational institutions. the marriage penalty under existing law. • • • • • • • • •• • • • • • • • • The income exclusion will not apply to private institutions until • Contributions can be made for beneficiaries after attaining age 18 SFVBAKelly Staff members Leasing offerssave members$10 on new a 15% AAA discount off the 2004. Other changes include: in the case of special-needs beneficiaries who require additional Membershipregular price of and their a HR discount support on and auto emp insurance.loyee • Increased room and board allowance (per Federal financial time to complete their education due to physical, mental or Call John Hernandez at (805) 306-8181. aid program limitations). emotional conditions. In addition, deemed distributions of • Definition of family members expanded to include first education IRA balances won’t occur when these beneficiaries Save 20% on investigative services. Contact Consumer Investigative Group (818) 704-9925. cousins of the original beneficiary in terms of changing a reach age 30. designated beneficiary. • The due date for making contributions is extended to April 15 Courtroom Xpress Graphics offers 20% • Qualified higher education expenses will include special of the following year, instead of the end of the year. discount on large-format prints. Free pick-up needs services for special needs beneficiaries. • The 10% additional tax on taxable distributions won’t apply if the and delivery. Call (818) 780-2177, ext. 304. • Hope or Lifetime tuition credit will be allowed in the same contributions are withdrawn before the first day of the sixth month SFVBA MEMBERSHIP HAS ITS PRIVILEGES! year as distributions from 529 plans, as long as the distribution of the year following the year of the contribution. is not used for the same expenses for which a credit is claimed. See Tax Benefits, continued on page 16 13273 Sept Barnotes 8/17/01 12:18 PM Page 10

10 • Bar Notes www.sfvba.org September 2001 September 2001 www.sfvba.org Bar Notes • 11

SFVBA COMMISSIONS ARTISTS The San Fernando Valley Bar Association FOR COURTHOUSE MURALS presents our The SFVBA has commissioned two prominent artists to design and paint murals at four courthouses in the San Fernando Valley. Diamond The Mural Project, in commemoration of the SFVBA’s Seventy-Fifth Anniversary, is scheduled to be completed by February of 2002. Anniversary Gala Local artist Armando Campero was selected to create the murals inside the San Fernando and Sylmar courthouses. Born in Mexico, INSTALLATION DINNER DANCE Campero was a student of Diego Rivera and currently resides in & Celebrating Arleta. He has done murals in Chicago, St. Louis, Spain, France, Years of Fellowship and Service Mexico and Guatemala and was a political cartoonist for La Opinion, Saturday, 75 Los Angeles’ Spanish-language newspaper. His works include September 29, 2001 Film Premiere of The Kennedy Saga in Mexico City and murals at the Compton courthouse and East Los Angeles Public Library. 6:00 P.M. Cocktails Lawyers of the Valley: Oakland-based artist Horace Washington has been commissioned 7:00 P.M. Dinner A Tradition of Fellowship and Service to design the murals at the Van Nuys and Burbank courthouses. Narrated by Kelsey Grammer His public art is displayed at the Metro Blue Line’s Vernon Sheraton Universal Hotel Presentation of the Station, Oakland Coliseum, and public facilities throughout 333 Universal Terrace Parkway Stanley Mosk Legacy of Justice Award the United States. The San Fernando Valley Bar to “Our Board of Trustees wanted to commemorate our Diamond Universal City Association thanks our Diamond U.S. Court of Appeals Anniversary Sponsors for their Anniversary in a way that inspires attorneys and the public for Validated Self-Parking JUDGE HARRY PREGERSON generosity and support: years to come,” said SFVBA President Christine Lyden. Installation of President “These murals will paint a history of our profession and the LYLE F. GREENBERG Diamond Sponsor Lewitt, Hackman, Shapiro, San Fernando Valley,” continued Lyden. “They will be something and Marshall & Harlan beautiful to look at for the thousands of people who visit our local Officers & Trustees of the San Fernando Valley Bar Association and Officers & Directors of the Valley Community Legal Foundation of the SFVBA Gold Sponsors courthouses, many who come for less than pleasant reasons. For by Arter & Hadden instance, at the Sylmar Juvenile Court, Armando is painting a Los Angeles City Controller Krycler, Ervin, Schreiber mural about the public role models of our children - teachers, LAURA CHICK & Walheim, CPAs judges, lawyers, law enforcement officers. It will be a mural of hope.” Presentation of President’s Award by Silver Sponsors The SFVBA is soliciting donations to fund the Court Mural Outgoing President Alpert & Barr Project and other programs of the Diamond Anniversary Campaign. CHRISTINE C. LYDEN Members are encouraged to make a contribution. Greenberg & Bass to MARK S. BLACKMAN Crystal Sponsors Parker, Milliken, Clark, YES, I want to make a contribution to the Diamond Anniversary Special Recognition to SFVBA Past Presidents Campaign. All contributions will be prominently acknowledged O’Hara & Samuelian and Commemorative Toast by in the SFVBA History Book and on a plaque at the SFVBA Offices. City National Bank U.S. District Court President’s Club...... $1,000 JUDGE WILLIAM REA Greenberg & Sedley Includes 4 tickets to Anniversary Gala and polo shirt Master of Ceremonies Bronze Sponsors with embroidered SFVBA Anniversary logo TAWNY LITTLE Gaines & Stacey Benefactor ...... $500 Includes 2 tickets to Anniversary Gala and polo shirt Entertainment provided by Richard Hoefflin, ALC The Horace Heidt Orchestra and Roscoe’s Rascals Swing Dancers Manatt, Phelps & Phillips, LLP Patron...... $175 Includes polo shirt Period Costume: 20’s, 30’s, 40’s, 50’s... or Black Tie Optional Donor...... $75 Please contact me about sponsorships and PLEASE RESPOND BY SEPTEMBER 21, 2001. TICKETS WILL BE HELD AT THE DOOR. other advertising opportunities. Name ______Name ______Make checks payable Please reserve: Firm/Company ______Phone ______P to SFVBA and send to: _____ Ticket(s) at $100 $______Phone ______ Charge my Credit Card 21300 Oxnard Street, Suite 250 E-mail ______Table(s) of Ten at $1,000 $______Account No. ______Woodland Hills, CA 91367 V (818) 227-0490, ext. 105 Enclosed is my check payable to the SFVBA. Expiration Date ______S (818) 227-0499 Fax Please charge $______on my VISA/MasterCard/American Express. Authorized Signature______One week cancellation notice required. Credit Card No. ______Exp. Date ______Mail contributions to: Diamond Anniversary Campaign 21300 Oxnard St., Ste. 250 R Authorized Signature ______Woodland Hills, CA 91367 13273 Sept Barnotes 8/17/01 11:14 AM Page 12

12 • Bar Notes www.sfvba.org September 2001 September 2001 www.sfvba.org Bar Notes • 13 PAYROLL AND THE INTERNET: ONE WAY OF REDUCING OVERHEAD BY EDWARD POLL, J.D., M.B.A., CMC

About the Author: Edward Poll, J.D., M.B.A., CMC, is a coach for attorneys and a certified management consultant in Los Angeles who advises attorneys and law firms on how to deliver their services more effectively while increasing their profits at the same time. He is the author of Secrets of the Business of Law: Successful Practices for Increasing Your Profits and The Profitable Law Office Handbook: Attorney’s Guide to Successful Business Planning; and he is the creator of Law Practice Management Review: The Audio Magazine for Busy Attorneys. He is also the author of the book, Attorney & Law Firm Guide to The Business of Law: Planning & Operating for Survival & Growth, published by the ABA, and developer of The Tool Kit for Buying or Selling a Law Practice. To make suggestions or comments about this article, call (800) 837-5880 or send E-mail to [email protected]. You can also visit Ed Poll on the web at www.lawbiz.com.

Processing payroll can be a headache. anywhere and at anytime, whether late at fee of only $19.95 plus $.50 per employee per Get it right, and no one pats you on the night or early in the morning. However, I pay period. That’s half the cost of many other back. Make a mistake or be delayed because wasn’t interested in using a payroll software payroll services. Each employee can log into a of a trial or other client obligation, and you package because I didn’t have time to keep secure website and view his or her current pay will not be forgiven. If nothing else, up to date on all of the tax changes.” If he stub, previous pay stubs, even vacation and employees expect to see an accurate wanted to add a bonus, change a pay rate, personal time. For employees who want or paycheck each pay period. or simply make changes to an employee’s need a printed check, SurePayroll.com has Large or small, all firms have to deal with basic information, Gibson wanted the ability developed a patent-pending technology that payroll. While the larger firms usually have to modify the information with instanta- allows the customer to print a check from the a staff person dedicated to payroll issues and neous results. site to a local printer in their office without tax compliance, many smaller firms do not. What finally drove him to outsource his downloading any software or installing any In these cases, it is often the senior partner payroll was when he found a company that hardware. This is advantageous for the firm or even a spouse who manages the payroll. combined flexibility and control with the because it can use its existing supply of checks, For some business owners, processing convenience and hassle-free functionality with continuing check numbers, for the payroll in-house is the bane of their of outsourcing. Better still, the price fit into payroll. There is a seamless stream of existence. For others, they gladly pay the his budget. And he chose SurePayroll.com numbering without the need to print another higher fees for outsourcing so that they can because it offered something that no other supply of checks at additional cost. All the firm spend billable hours on their clients. payroll company provided: a 100%, web- administrator or managing partner has to do is Competition for this outsource service is based, payroll service. go to SurePayroll’s website and hit “print”— keen, though limited. Large companies With a web-based payroll system, the the checks start flowing. And a record is such as ADP and Paychex provide “hard customer decides where and when to update maintained for the firm’s accountant, as well. copy” services that either direct deposit or view the employee’s hours. “It’s great,” There are competitors to SurePayroll: ADP payroll or deliver checks to the firm for Gibson says. “I no longer need to worry that (www.adp.com), Paymaxx (www.paymaxx.com), signature and personal distribution to I am not in the office on payday.” and Ceridian (www.powerpay.com). Selecting employees. And the Internet is now By leveraging the speed and convenience the right provider depends on a number of providing us with yet another choice. of the Internet, SurePayroll.com offers a flat See Payroll, continued on page 21 Take Bill Gibson, an attorney with a solo practice and a small staff in Portland, Oregon. He juggles his time between clients, cases, trials, and managing his practice. He also serves as chair-elect of the American Bar Association’s Law Practice Management Section and is often invited to speak at various legal conferences. “I knew I didn’t have the time to manage the payroll myself,” Gibson explains “but I had certain requirements that needed to be addressed before I would consider switching to a payroll service. I wanted the flexibility to run payroll on my timetable, from 13273 Sept Barnotes 8/17/01 10:51 AM Page 14

TAXATION MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY FAMILY LAW 12 SECTION Information & Reservations 818•227•0490 SECTION SECTION ______SIGN ME UP! NAME ______STATE BAR # ______SEND CHECK TO SFVBA TELEPHONE # ______21300 Oxnard St., Suite 250 CHARGE IT! CC # ______EXP. DATE ____ Woodland Hills, CA 91367 SIGNATURE ______FOR MORE INFORMATION Food and beverages served at every MCLE event! CALL (818) 227-0490 * Please note that no credit will be given unless notice of cancellation is provided 48 hours before scheduled event

3 456 7 8 9

SEPTEMBER 20 Probate and Estate Planning Section SEPTEMBER 24 Topic: Crossover Issues Between Thursday Family Law and Probate Monday Speaker: Marshal Oldman, Esq. Time: 12:00 noon Women Lawyers Section Place: Radisson Hotel, Sherman Oaks I made up my Cost: $25 members prepaid; Topic: Improving Your PracticeVia the Computer $30 at the door Speaker: Andrew Reil mind but I made $30 non-members 10prepaid; 11 Time: 12:00 noon 13 14 15 16 $35 at the door Place: SFVBA Conference Center, Woodland HIlls it up both ways: MCLE: 1 hour Cost: $5 members prepaid; $10 at the door New Judge $10 non-members prepaid; $15 at the door Influence of Casey Board of Trustees & Executive MCLE: 1 hour Discuss Procedure Stengel on Estate Committe Meetings Taxation Section Time: 4:30 p.m. Topic: I made up my mind but I made it up both ways: Tax Legislation Place: SFVBA Conference Center, Influence of Casey Stengel on Estate Tax Legislation Woodland Hills Current20 Developments in Business Valuations Current Speakers: Bruce Givner, Esq. and Thomas E. Pastore, ASA, MBA Time: 6:00 p.m. - Dinner, 7:00 p.m. - Program Speakers: Developments Place: Calabasas Inn, Calabasas Cost: $45 members and accountants prepaid; $55 at the door in Business $50 non-members prepaid; $60 at the door Hon. Joanne MCLE: 2 Hours Intellectual Property & Internet Valuations 9 18 Litigation Section and 20 Law Section and Business Law 21 22 23 O’Donnell, & Real Property Secion Workers’ Compensation Section Topic: Working Visas and Green Cards Hon. Riva Goetz, Topic: Workers’ Compensation Intervener: Friend or Foe for High Tech Employees Speakers: Speaker: Greg Johnsen Speaker: Ron Tasoff, Esq. and Time: 6:00 p.m. Time: 12:00 noon Place: SFVBA Conference Center, Woodland Hills Place: SFVBA Conference Center, Hon. Ann Dobbs Bruce Givner, Esq. Cost: $25 members prepaid; $30 at the door Woodland Hills $30 non-members prepaid; $35 at the door Cost: $5 members prepaid; and Thomas E. MCLE: 1 hour $10 at the door $10 non-members prepaid; Pastore, ASA, MBA $15 at the door Brown Bag Lunch. Beverages provided! 5:30 p.m. MCLE: 1 hour 6:00 p.m. - Dinner Family Law Section 24 25 26 27 28 Diamond Anniversary 29 7:00 p.m. - Program Topic: New Judges Gala & Installation Discuss Procedure Encino Glen Speakers: Hon. Joanne O’Donnell, Executive Committee Dinner Dance Hon. Riva Goetz, Meeting Presentation of Stanley Mosk Legacy Restaurant, Calabasas Inn and Hon. Ann Dobbs Time: 5:30 p.m. Time: 7:30 a.m. of Justice Award to U.S. Court of Encino 23500 Park Sorrento, Place: Encino Glen Restaurant, Place: Coco’s Restaurant, Appeals Judge Harry Pregerson Encino Woodland Hills Calabasas Cost: $35 members prepaid; Time: 6:00 p.m. $40 at the door, Place: Universal Sheraton Hotel, $40 non-members prepaid; Universal City $45 at the door Cost: $100 MCLE: 1 hour 13273 Sept Barnotes 8/17/01 10:51 AM Page 16

16 • Bar Notes www.sfvba.org September 2001 September 2001 www.sfvba.org Bar Notes • 17

Tax Benefits, continued from page 9 Employer-Provided Education December 31, 2001. Under the new SUPREME COURT STRENGTHENS • Entities other than individuals (corpora- Under Code Sec. 127, qualified employer- tax law, this exclusion is permanent tions, tax-exempt organizations, etc.) will provided educational assistance for under- and will also cover the cost of WRITERS COPYRIGHT RIGHTS be able to make contributions, without graduate courses is excludable from income, graduate level courses. BY DAVID GURNICK income limitations, such as the AGI up to $5,250 annually, whether or not job- New Deduction for Higher limitation for individuals. related. This exclusion was set to expire on Education Expenses For tax years beginning after 2001 lets publishers “revise” entire collective time in databases containing compilations About the Author: and through 2005, eligible taxpayers works. (A newspaper or sports magazine of numerous works. This was their basis will be able to claim an above-the-line David Gurnick is made up of individual articles and photos to claim the electronic databases were deduction for qualified higher education managing partner is a “collective work.”). The publishers, “revisions” of the original newspapers or expenses. The deduction is subject to of the Woodland relying on their copyright ownership in magazines. However a 7-2 majority of the AGI limitations. In 2002 and 2003, Hills office of the “collective works” claimed they could Supreme Court rejected this view. the deduction is limited to $3,000, Arter & Hadden. reproduce and distribute individual The Supreme Court found that redistrib- for taxpayers with AGI not exceeding articles in “any revision of that collective ution of individual articles via electronic $130,000 for joint filers, $65,000 for work.” 17 U.S.C. §201(c). databases were not “revisions,” but were singles, and is not applicable to married Newspapers, magazines and other The publishers claimed the electronic republication of the articles, which exceeded taxpayers filing separately. The Hope or publishers pay independent (freelance) databases were “revisions” of their the publishers’ copyright rights when they Lifetime learning credits cannot be writers for articles. Many articles in the newspapers or magazines. The publishers did not have permission from the writers. taken in the same year as the education news, sports magazines, and other period- expense deduction. In most cases, the icals are written by freelancers. So are claimed that people who use the databases See Supreme Court, continued on page 23 credit will yield a larger overall tax many stories, videos and photos on the pay not for individual articles, but for search benefit; however, since the phase-out evening news, jokes on late night television, levels are higher than the phase-out and contributions to a range of other media. levels for the Hope and Lifetime learning The companies that publish these credits, a taxpayer in between those AGI materials do more than just present them levels will most likely receive a greater in their main publication (printed news or DOES YOUR CLIENT HAVE benefit from the expense deduction. The a broadcast tv show). Increasingly, these AGI phase-out levels for the credits are CHILD OR SPOUSAL SUPPORT PROBLEMS? $80,000 to $100,000 for married filing materials remain available to the public joint, and $40,000 to $60,000 for single through other outlets, like electronic The Support Group taxpayers. In 2004 and 2005, the databases (such as Lexis-Nexis), the Internet, deduction increases to $4,000. or CD-Roms. Thus, people can access news, For the collection of Delinquent Child and Spousal Support SAN FERNANDO VALLEY BAR ASSOCIATION photos, comedy and other media by visiting Student-Loan Interest web sites, or subscribing to online or We collect: Under present law, individuals can CD-Rom services. • Past Due Child Support deduct up to $2,500 per year for In a major copyright decision, the interest paid on qualified higher Supreme Court ruled in June that print • Past Due Spousal Support education loans. The deduction is media publishers violated their freelancers’ • Unpaid Property Orders claimed above the line, before AGI. Only copyright rights by licensing their articles interest paid during the first 60 months • Interest on Delinquent Amounts of the repayment period is deductible to electronic databases without payment to • Attorney Fees on Contingency or agreement of the independent writers. and payments must be required under • Small Fee to Open File the agreement. The deduction phases (NY Times v. Tasini, June 25, 2001). The out between $40,000 to $55,000 for case involved well-known publications, single taxpayers and $60,000 to among them and Sports Your Clients Deserve Their Support $75,000 for married filing joint. Illustrated. The writers wanted to be paid for Married filing separate taxpayers electronic redistribution of their articles Lawrence C. Samuels, Esq. (818) 789-4932 cannot claim the deduction. through Lexis-Nexis or on CD-ROMs, and Under the new law, the 60-month claimed their copyrights were infringed when Stanley S. Lopata, Esq. (800) 331-0489 rule for deduction of interest is repealed, publishers provided their articles to the Referral Fees paid per Bar Guidelines voluntary payments of interest will electronic databases. qualify for the deduction, and the The publishers conceded that the writers phase-out levels increase to $50,000 to $65,000 for single filers and $100,000 to owned copyrights in their individual articles. $130,000 for joint filers. The publishers noted that the Copyright Act 13273 Sept Barnotes 8/17/01 11:04 AM Page 18

18 • Bar Notes www.sfvba.org September 2001 September 2001 www.sfvba.org Bar Notes • 19 LOS ANGELES SUPERIOR COURT SEEKS APPLICANTS FOR GRAND JURY MESSAGE What can 23 citizens do? Quite a bit as Additionally, applicants may not be serving tions about possible improvements to members of the Los Angeles County Civil as a trial juror or Grand Juror in any court in the workings of local government. FROM LRIS Grand Jury, and you’re invited to participate. California, may not have served as a Grand Superior Court judges try to nominate The role of a civil Grand Juror is vital to Juror in any court in the state within the persons representing the cultural, ethnic COORDINATOR an effective, efficient and responsive county past year, and may not be serving as an and diverse backgrounds and life experiences government. The Civil Grand Jury serves as a elected public official. of Los Angeles County residents so the MICHELLE C. MORLEY governmental watchdog, monitoring various It is also desirable for Grand Jurors to Grand Jury can reflect the many interests departments and agencies. It also investigates have a general knowledge of the functions, and concerns of the citizens. As such, it This has been a surprisingly busy summer for LRIS and SFVBA the condition and management of public jails. authorities and responsibilities of county also enhances the Court’s outreach to the staff. The office refurbishing and the 75th Anniversary celebration Right now, the Los Angeles Superior Court and city government; research abilities; a community, according to Presiding Judge preparation and projects have required staff to expend additional is seeking applicants for the 2002-2003 Civil background in accessing and analyzing James A. Bascue. time and effort beyond our usual responsibilities. We have enjoyed Grand Jury. The requirements include being: facts and experience in report writing; a Judge Teresa Sanchez-Gordon, who the challenges and we think the membership will be pleased with background in group and/or committee chairs the Court’s Grand Juror Recruitment the results. During all of this we are also having a successful year • A citizen of the United States; work; good health, and respect and objec- Subcommittee, says participation in the Civil for our LRIS members. In future columns I will give you the • A Los Angeles County resident tivity of the positions and view of others. Grand Jury is not only a rich and rewarding numbers and the statistics. for at least one year; The most important qualification, experience, it’s “a wonderful opportunity to however, is commitment. Being a Grand participate in the democratic process and Now is the time to thank the LRIS attorneys and Gayle and • In possession of natural faculties, Juror is a full-time, low-paying job. make a difference in county government.” Valeria for working so hard and being so professional. The client ordinary intelligence, sound Grand Jurors meet five days a week in the Inquiries about the Civil Grand Jury or the judgment and fair character; surveys continue to positively comment on the quality of the Criminal Court Building in downtown Los nomination process, or to receive an appli- service provided by LRIS staff and the panel attorneys. When an • In possession of sufficient knowledge Angeles and are paid only $25 a day, plus cation for grand jury service, please contact: unusual request comes in, I am comfortable calling an attorney of the English language; and mileage. But, while the monetary Grand Jury Coordinator, Juror Services and asking for guidance or assistance. I am always given the • Without any felony convictions or compensation is low, the non-material Division, Los Angeles Superior Court, Hall of help needed. It is a pleasure to work with and to know such convictions of malfeasance while rewards are priceless. Grand Jurors get an Records, 320 West Temple Street, Suite 1510, serving in public office. intimate look at how government works and Los Angeles 90012, or call the Grand Jury outstanding professionals and I am grateful for the opportunity make informed and valuable recommenda- Hotline at (213) 974-5333. and the experience. I do want to mention that we have made approximately eighty referrals through out Internet program, iLawyer. We have received almost $1,000 in fees in the last couple of weeks from these referrals. I am told by iLawyer that currently our iLawyer referral percentage is higher than other Associations, which includes the San Francisco, Beverly Hills, and New York City Bar Associations. Because of the increased quantity and quality of iLawyer referrals, panel members should establish procedures for checking their e-mails. We do send out fax notices of referrals at the same time we send out e-mail notices. However, we have experienced problems with the faxed notices not being promptly received. By the way, we are also receiving favorable comments about our services from our iLawyer referral clients. If you are a member of LRIS and have not yet signed up for iLawyer referrals or the Speaker Service, please contact me. Our Speaker Service has given presentations to twenty-two groups and each time the group, the attorney, and the LRIS were pleased with the results. The great and gentle writer Eudora Welty recently died. I pulled down several of her books from my bookcase and began to reread favorite books and short stories. I came across these lines in her book, One Writer’s Beginnings. “As you have seen, I am a writer who came of a sheltered life. A sheltered life can be a daring life as well. For all serious daring starts from within.” 13273 Sept Barnotes 8/17/01 10:52 AM Page 20

20 • Bar Notes www.sfvba.org September 2001 September 2001 www.sfvba.org Bar Notes • 21

Payroll, continued from page 12 factors. Here is a checklist to use as a Bankruptcy starting point: Refer clients with confidence Checklist for Picking an Internet-based Payroll Provider • What is the cost for your service for ’ MEDIATION one year, including W-2 forms? Don t get MEDIATION • If I need to change some basic employee blind-sided information such as address or pay rates, by a bankruptcy how quickly do the changes take place? issue! What is the procedure? • Is your system simple to use, or do We offer I need specific training? free PANEL • Does it cost extra to file taxes for consultations PANEL multiple states? for all • How do I enter my payroll data? • Does the basic service include tax filing SFVBA and payment, direct deposit, printed members. checks, and quarterly reports? • How can you ensure accuracy of the data? Do you offer a payroll preview Merritt & Hagen before submission? • Can you track vacation and sick days for Serving the Valley continuously since 1988 The The Los Angeles Superior Court with the each employee? Call for our free desktop reference: “ The Basics of Bankruptcy for Attorneys” • Do you offer department codes? (818) 992-1940 http://www.bk-info.com • Do you guarantee no IRS penalties— cooperation of the San Fernando Valley Bar David R. Hagen, Past SFVBA President Lawrence D. Simons as long as the information provided Assocation has created a Mediation Panel to help is accurate? attorneys and their clients find qualified mediators. Advantages of Outsourcing APPEALS Web-based Payroll ABATEMENTS Recommends For most law firms, the number one The OSHA For a referral to an experienced mediator in all areas of law, call reason to outsource payroll is the time saved. This allows them to spend billable Mediation! 818-227-0033 hours on their clients and not on managing Defense League the office. Outsourcing also makes sense if you do not have time to keep up to date We’ll Help Your Client: with the changing tax laws and other After a serious accident or • Prepare for OSHA inspections Select from our panel of experienced and well-trained mediators: payroll issues. Many small businesses find industrial fatality, OSHA • Document accident investigations themselves faced with stiff IRS penalties violations can become • Be Represented During Inspections Leon Bennett Andrew Hyman Rhonda Rauch Miller as a result of mistakes or delays. Accurate criminal public offenses • Appeal all citations and fines Alyse Golden Berkley Tamila Jensen Jeffrey Palmer tax reporting and payment is usually • Provide expert witness testimony guaranteed with payroll companies. NEW LAW—AB 1127* Howard Bodenheimer Laurel Kaufer Charles Parselle • Correct regulatory compliance issues Another convenience of outsourcing Susan R. Bulfinch Jeffrey Kichaven Cynthia Pasternak Internet-based payroll is delivery. For legal *AB 1127 became a California law effective January 1, 2000. It increases civil and crim- Linda Bulmash Adrienne Krikorian Patricia Said professionals who may not come into the inal penalties for willful, serious and repeat violations of occupational safety and health office every day—whether it’s because they standards. It also provides that willful violations of safety standards that lead to death or James E. Cox Gig Kyriacou Myer J. Sankary permanent prolonged impairment may be prosecuted as either a misdemeanor or a felony, are on trial, at a document review, or simply James Curry Alfred Lakritz Andrew L. Shapiro giving district attorneys more flexibility, with up to four years in jail and 3.5 million in fines. working at a separate location—the hassle of OSHA Defense League interfaces on employers behalf with: OSHA-DOT- Janet Fields Leonard Levy Joaquin Sosa delivering pay checks and direct deposit stubs EPA–Police–District Attorney–News Media–Coroner–Department of Health–Victims Gerald Gerstenfeld Christopher Mahan Eleanor Southers can be eliminated. Employees simply log on Family–Workers Compensation–Victims Legal Counsel–Employers Legal Counsel to the secure website at any time and from Lyle Greenberg Ronald J. Mandell Ellen-Jo Friedman Tinero any location to view or print their pay stub. Barry Harlan Kevin McIvers Steven M. West The legal profession is being altered by the Call Us Today (818) 426-3343 Marcy Howard Christine Masters Internet in so many ways. This is another 24760 W. Via Del Llano• Callabasas, CA 91302 area to review for streamlining and reducing online: www.oshadefenseleague.com the cost of operating your practice. 13273 Sept Barnotes 8/17/01 10:52 AM Page 22

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The Valley Community Legal Foundation of the SFVBA issued the following Report of NEW POLICY FOR Supreme Court, continued from page 17 Free Monthly Retainer The Nominating Committee on August 9, 2001 LOS ANGELES The Tasini decision sets a new limit on publishers (not just Attorney Services of Southern California print media, but also owners of internet web sites and other for its 2001-2002 Board of Directors: is pleased to offer SFV Bar Members SUPERIOR COURT publications) seeking to resell articles written by independent • Free Monthly Filing Retainer - with minimum service of process President Patricia L. McCabe contractors. Without the author’s permission, publishers may • Daily pick-ups and filing in 27 courts Vice-President, Grants David Gurnick, Esq. • Guaranteed lowest rates for process serving Vice-President, Fund-Raising Neil Elmouchi, CLU, CHFC Effective immediately, motions to disqualify bench not make works available via databases or other electronic • Specializing in “hard-to-serve” and International services Vice-President, Scholarships Bruce M. Kaufman, Esq. officers in general civil cases will be randomly reproduction. The decision thus strengthened rights of authors • Statewide overnight courier pouch for filing & service of process Secretary Mark Blackman, Esq. reassigned in the courthouse where the motion is filed, concerning redistribution of their writings. It • Proud to be Associate Member of San Fernando Valley Bar Association Treasurer Richard Lewis, Esq. Presiding Judge James A. Bascue has announced. also strengthened the distinction between print rights and (818) 772-4795 electronic rights for articles and other works. For example, Website: www.processnet1.com email: [email protected] New Board Members: Lancaster, which has only two general civil courts, will many past copyright licenses may not mention electronic rights, Anne C. Adams, Esq.; Sharley Allen; Alan H. Friedenthal, Esq.; be the exception. The random reassignments will not especially if the licenses were granted before electronic rights Robert Kahn, Esq.; Robert T. Leonard, Esq.; Hon. Michelle R. apply to trial-ready cases being sent out for trial. Rosenblatt; Chief William T. Sams, Los Angeles County Sheriff; were conceived. There may now be questions about the scope William J. Kropach and Jennie Stabile. of the rights owned by licensees. WORKERS’ COMPENSATION This new policy has been praised by attorney groups. STATE CERTIFIED SPECIALIST As a result of the Tasini decision, lawyers advising clients who “Judge Bascue should be commended for his leadership Continuing Board Members: use or receive material from freelance or independent authors, REFERRAL FEE PAID PER STATE BAR RULES and effort in making the Superior Court more user John J. G. Batiste, Dean Gregory Fast, San Fernando Valley should consider whether the client wants to also be able to use CHAIRMAN SFVBA WORKERS’ COMPENSATION friendly,” said Los Angeles County Bar Association SECTION SINCE 1987 College of Law; Francesco Federico, M.D.; James Felton, Esq.; the material in new forms, and whether to include language in President Roland Coleman. “This new policy directive DIRECTOR VCLF OF SFVBA SINCE 1980 Fred Gaines, Esq.; Barry Harlan, Esq.; Hon. Michael Hoff; the license to address possible types of delivery and media now FORMER TRUSTEE OF SFVBA Julian Montoya; Hon. Marguerite G. McKinney, Ret.; Lynda on random reassignments demonstrates that the Court known or later developed. Lawyers advising independent authors Schwarz, Monroe H.S.; Dee Miller Siegel, Esq.; Joaquin A. Sosa, leadership is trying to be responsive to the needs of the should assess whether to expressly reserve to their client any new 818-609-7005, ext. 25 Esq.; Hon. Bruce J. Sottile, Ret.; William Watkins, Ed.D., UCLA LAW SCHOOL, 1971 lawyers and clients served by the Court.” technologies and new markets that will develop in the future. http://home.earthlink.net/~wkropach CSUN; and Lisa A. Wool, Esq.

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Direct Dial: (818) 907-3271 [email protected] 13273 Sept Barnotes 8/17/01 11:17 AM Page 24

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The Judge says he wants a copy of your motion in 10 minutes (and you APPLICATIONS Lorenzo J. Palomares Lorenzo Palomares, P.A. left it at your downtown office). FOR 14431 Ventura Blvd., Suite 154 Sherman Oaks, CA 91423 Opposing counsel cites a case you’re (888) 266-1632 unfamiliar with during their morning ADMISSION (818) 917-4700 Fax [email protected] argument (and you want to research it Civil, Criminal Law, Intellectual Property before it’s your turn this afternoon). THE FOLLOWING Jaswinder K. Jandu JACK TRIMARCO & ASSOCIATES 18817 Casa Lane Linda F. Rice Where do you turn? JOINED THE SFVBA Northridge, CA 91326 Law Offices of Linda Fermoyle Rice (818) 360-3620 5550 Topanga Cyn. Blvd., Suite 200 POLYGRAPH/INVESTIGATIONS, INC. IN JUNE AND JULY: (818) 368-6001 Fax Woodland Hills, CA 91367 ? [email protected] (818) 992-1672 Visit the San Fernando Valley Dan Ahern General Practice (818) 999-1826 Fax 9454 Wilshire Blvd. Ste. 525 Bar Association Case Financial Medical Malpractice, 1275 Calle El Camaron Nancy A. Kearson CPA Personal Injury: Defense Beverly Hills, CA 90212 Thousand Oaks, CA 91360 1909 Keeler Street (310) 247-2637 (818) 652-8745 Burbank, CA 91504 Howard S. Rosen Esq. ArmandArmand ArabianArabian (805) 499-8092 Fax (818) 843-3126 20501 Ventura Blvd., Suite 252 [email protected] (818) 846-5821 Fax Woodland Hills, CA 91364 1361 Avenida De Aprisa Family Law (818) 999-1400 Camarillo, CA 93010 AttorneyAttorney ResourceResource && David R. Brien (818) 999-5559 Fax 23679 Calabasas Road, Charles E. Koro [email protected] (805) 383-8004 Suite 361 Biren & Katzman Civil Rights, Business Litigation CommunicationCommunication CenterCenter Calabasas, CA 91302 815 Moraga Drive email: [email protected] (818) 888-8403 Bel Air, CA 90049 Judith E. Segall located in the (818) 888-9414 Fax (310) 476-3031 73 Hackamore Lane Van Nuys Superior Court and [email protected] (310) 471-3165 Fax Bell Canyon, CA 91307 Jack Trimarco - President Member Society of Current Polygraph Inspection [email protected] (818) 888-8616 Business Law, Former Polygraph Unit Chief Former Special Agents Team Leader San Fernando Court Cafeterias Real PropertyLitigation Civil Litigation (818) 888-8616 Fax Los Angeles F.B.I. (1990-1998) [email protected] Federal Bureau Office of Counter Intelligence # Jennifer M. Burman Mary P. Kulvinskas CA. P.I. 20970 of Investigation U.S. Department of Energy Law Office of Jennifer M. Burman Olincy & Karpel Todd A. Smith Immediate Access to: 10201 Lindley Avenue, Suite 75 10960 Wilshire Blvd., Suite 1111 Law Offices of Todd A. Smith ✔ Computer Terminal Northridge, CA 91325 Los Angeles, CA 90024 22345 DeKalb Drive ✔ ✔ (818) 831-1751 (310) 478-1213 Calabasas, CA 91302 Laser Printer Copier (818) 831-0483 Fax (310) 478-1215 Fax (818) 231-1225 ✔ The Internet ✔ Dissomaster [email protected] [email protected] (818) 591-2992 Fax When they say Business Law, Real Property Estate Planning, Taxation Law [email protected] ✔ Conference Table Employment, ADR ✔ Ruth Cornell Gerald L. Marcus West Group Law Desk & Legal Solutions 10480 Sunland Blvd., # 50 Law Offices of Gerald L. Marcus Susana Tolchard ✔ Facsimile Sunland, CA 91040 22801 Ventura Blvd., Suite 310 27523 Camomile Lane (for incoming and outgoing faxes) Woodland Hills, CA 91364 Santa Clarita, CA 91350-1604 Armen Dovlatian (818) 784-8544 (661) 296-1748 Fax 213 N. Orange St. #G (818) 784-5970 Fax [email protected] “Clean it up! Glendale, CA 91203 [email protected] (818) 468-4142 Personal Injury: Plaintiff Gail Wasserman (and we don’t care that you haven’t (818) 507-0118 Fax Law Offices of Marcia L. Kraft owned the property since 1961)... [email protected] Vahid Naziri 6355 Topanga Canyon Blvd., Suite 331 ” Trusts, Real Property Law Offices of Vahid Naziri Woodland Hills, CA 91367 3652 Reina Court (818) 883-1330 Gary L. Gebler Calabasas, CA 91302 (818) 883-5962 Fax Berglund, Johnson & Sommer (818) 222-6445 Family Law Who are you going to call? 21550 Oxnard Street, Suite 900 (818) 222-9363 Fax Woodland Hills, CA 91367 [email protected] Stephany Yablow (818) 992-1500 14520 Magnolia Blvd., Suite 207 Steve Holzer! (818) 992-1541 Fax Teri E. Neville Sherman Oaks, CA 91403 Personal Injury: Plaintiff Rotorcraft Support Inc. (818) 501-5882 16425 Hart Street (818) 501-5884 Fax 15 years experience in environmental Kenneth N. Green Van Nuys, CA 91406 [email protected] 4529 Nagle Avenue (818) 997-7667 Common Interest Developments, compliance, transactions and litigation. Sherman Oaks, CA 91423 (818) 997-1513 Fax Estate Planning (818) 990-4008 Fax [email protected] Criminal Law Business Law Christine Zarifian Phone: 818-222-5812 • 213-683-6671 Los Angeles Superior Court FAX: 818-222-5812 • 213-683-6669 The SFVBA Armand Arabian Attorney Resource & Nigel Hamer Erin Teresa O’Donnell 111 N. Hill Street Room, 734R Communication Centers are open to SFVBA The Hamer Group Law Offices of Florence Mond Los Angeles, CA 90012 e-mail: [email protected] members via an electronic key card; there is a 15303 Ventura Blvd., Suite 1080 20501 Ventura Blvd., Suite 345 (213) 893-2563 nominal charge for using the equipment. For a Sherman Oaks, CA 91403 Woodland Hills, CA 91364 (213) 687-1122 Fax (818) 382-7500 (818) 716-6689 [email protected] Parker, Milliken, Clark, O’Hara & Samuelian, a prof corp membership application, contact the San 333 South Hope Street, Suite 2700, Los Angeles, California 90071 Fernando Valley Bar Association at (818) 382-9990 Fax (818) 716-6743 Fax Litigation (818) 227-0490, or visit our website at sfvba.org. [email protected] [email protected] Insolvency Family Law, General Practice 13273 Sept Barnotes 8/17/01 10:52 AM Page 26

26 • Bar Notes www.sfvba.org September 2001 September 2001 www.sfvba.org Bar Notes • 27 CLASSIFIED ADS

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