2012-11 kcpa newsletterdraft€¦ · december 13, 2012 at the petroleum club. opportunity drawing...
TRANSCRIPT
I hope you all had a wonderful and safe Hallow-een! Thank you to each of you who came to our October MCLE lunch with Craig Braun informing us on recent Real Estate Law updates. Because of our members, we had a great turn out! We hope you'll come to our next luncheon on November 8, 2012, at the Petroleum Club. Margo Raison will be speaking on "Sexual Harassment: It's all fun and games until it's not!" Please see page 2 for further information. I would like to thank all our mem-bers who have served in one of our military branches in honor of Veteran’s Day, as well of your family members who have spent time in the military. While I am not a military brat by any means, I have family and friends who have served in all the branches. Honoring and respecting our mili-tary, currently serving and our veterans, is very important to me. One of my favorite holidays, which I just found out was proclaimed a national holiday by Abraham Lincoln in 1863, is Thanksgiving. For one, since I got married, we get to split our time across three families and splitting our time across a four day weekend is much easier, but it’s really a great time to remember what you have to be thankful for: your family, friends, etc. I’m personally thankful for the job I have and that I am still able to afford my rent while my husband and I, and other family members, have no major health concerns. What are you thankful for? Take a few minutes to reflect on the positives in your life. We are still collecting names for Thanksgiving dinners, and monetary donations to purchase gift
cards to supplement the dinners (i.e., for the purchase of a pie), for families in need. Please contact Starlene Parson if you have a family in mind. We hope to make several families' Thanksgiving a little more special. Additionally, our November community af-fairs event is the donation of cash for the Kern County Fire Department to purchase
Care Bears. See page 4 for more information. The KCBA/KCPA 2012 Holi-day Luncheon is scheduled for December 13, 2012 at the Petroleum Club. Opportunity drawing tickets sales will bene-fit CASA and Bakersfield’s Christmas for Seniors. Make your reservations at
www.kernbar.org! We are also looking for volunteers to help with luncheon. If you'd like to get in touch with your crafty side, please contact Ms. Amber Brewer, the Committee Chair, for further information. Mark your calendars for this special event! CAPA's 25th Annual Educational Confer-ence will be held at Crowne Plaza LAX Hotel in Los Angeles, California on June 22, 2013. We will provide additional information as it becomes available. We hope you all have wonderful Thanksgiv-ings with your families and friends! . Makala Coleman,
The Kern County Paralegal Association is an Affiliate Member of the California Alliance of Paralegal Associations. As such, every KCPA Member is a member of CAPA. “Strength through Statewide
P R E S I D E N T ’ S M E S S A G E T H I S M O N T H
• November 6th Board Meeting • November 8th MCLE Luncheon • KCPA Community
Affairs —Thanksgiving
Dinners • Kern County Fire
Department Share Bears
I N S I D E T H I S I S S U E :
Meet the Board 3
MCLE Luncheon & November Community 4
Non Resident Service of Process 5
Attorney Stick 7
Sustaining Members 13
Membership Renewal Form
14 15
Community Services Calendar 16
N O V E M B E R — 2 0 1 2
The Paralegal Post
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? ? ? M e e t T h e B o a r d : J u s t i n M a d d i n g , K C P A V i c e P r e s i d e n t ? ? ?
Justin Madding, Paralegal
Our Justin is a bit of a mystery man. When contacted to provide a bio or interview, the man was not too forth‐coming with details about himself. Perhaps he’s shy. Nah. Probably just a hard working quiet kinda guy who hopes he can just get the job done without being noticed too much. He works as a paralegal at Cahin|Cohn|Stiles and you’ll see him around meetings and gatherings. He’s usually the guy in the background, as I discovered in when looking through old newsletters to gather intel on him. Never the center of attention, but always a busy guy. In digging through old print, I learned that Justin began serving the membership of KCPA as soon as he arrived on the paralegal scene. I’m not sure where he went to school (because he didn’t tell us, so if you see him, ask him), but he started out as a stu‐dent member and the Student Repre‐sentative in June 2010, and was men‐tored by our own (and his own) Bar‐bara Haubrich‐Hass. He was quickly sized up by the board and the mem‐bership as a can‐do guy, so in 2011 we elected him as our Member Services Director and CAPA Primary. And shoot‐ing right up the ladder of responsibility and service, we next elected him as our Vice President for the 2012‐2013 term. I’m sure Justin would love to tell you all about himself, so when you see him, say hello. Ask him about himself and thank him for working so hard for the membership.
NOVEMBER COMMUNITY AFFAIRS OPPORTUNITY SHARE BEARS PROGRAM KCPA is doing a cash donation drive to raise money to benefit the
Share Bear Program with the Kern County Fire Department. The money will be used
to purchase Share Bears for children subjected to a traumatic situation. Donations
(cash or checks payable to KCPA) may be submitted at the November General Meeting
or to Starlene Parson, c/o Greater Bakersfield Legal Assistance, 615 California
Avenue, Bakersfield, CA 93304. Deadline: November 8 General Meeting
What is the Share Bear Program?
The Share Bear Program provides an important benefit to children
who are involved in tragedy. Through donations, the fire department purchases
special fire department teddy bears that are carried on the engines, fire trucks and
patrols. When young children are involved in a traumatic situation, such as a car
accident or fire, they are given a Share Bear for comfort.
Without public support, Share Bears (which cost between $7.50 and $10 each) cannot be purchased on the scale that the fire department needs them. Thank you for participating in this very worthy program.
The children of Kern County and the Kern County Fire department thank you!
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Service of Process of a Non-Resident Involving
a Rental Car By Barbara Haubrich-Hass, ACP/CAS
I was recently faced with a litigation situation where an individual from another country travelled to Califor-
nia, rented a vehicle from a rental car company, was involved in an automobile collision with the rental ve-
hicle, and then returned to his country.
My attorney filed a Complaint for personal injuries and damages against the owner of the vehicle (the rental
company) and the driver (an out of country defendant). To make matters more difficult, the last known
address for the out of country driver was no longer valid. I was not looking forward to locating an out of
country defendant and then following the Hague Convention to serve this individual with the Summons and
Complaint. [The California Litigator covered the subject of Service of Process in a Foreign Country on
November 29, 2011 written by paralegal Justin Madding.]
After research, I learned that Assembly Bill 621, an act to amend, repeal, and add to Section 1936 of the
California Civil Code relating to vehicle rental agreements, provides a mechanism for service of legal proc-
ess on non-residents who cause injuries involving rental cars in California, up to a maximum contractual
limit. In summary, Civil Code § 1936 (v)(1) through (w) provides that:
1. Where a rental car company enters into a rental contract with a renter who resides outside the United
States, and the rental car company provides third-party supplemental liability insurance to the renter, as
defined, the car rental company shall accept service of process on behalf of the renter related to any harm,
loss, or damage related to the use or operation of the rental vehicle.
2. Service of process may be served by first-class mail, return receipt requested, registered mail, or by
personal service by a registered agent of service of process on file with the Secretary of State and Consumer
Services.
3. Within 30 days of acceptance of the service of process, the rental car company shall provide a copy of
any Summons and Complaint that was served to the renter by first-class mail, return receipt requested.
4. Any plaintiff who elects to deliver process to the rental company pursuant to these provisions agree to
limit his or her recovery against the renter, authorized driver, or rental company to the limits of the protec-
tion provided by the insurance coverage.
5. Specifies that acceptance of service of process by the rental company does not create any duty or
agency relationship other than as provided in §1936. Provides a three-year sunset by which the bill will cease to be operative on December 31, 2015.
(continued on page 6)
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(continued from page 5)
Thankfully, this amendment provided a way to effectuate service of process on the non-resident rental driver without having to follow the Hague Convention, which I believe to be unduly cumbersome, time-consuming and expensive.
~~~~~~~~~~
© Barbara Haubrich-Hass, The California Litigator, publishes an e-zine that delivers simple discussions and strategies for the California civil litigation professional. Barbara’s discussions focus on common paralegal and law office tasks, such as pre-litigation document gathering, document preparation, filing rules, law and motion, discovery, arbitration, trial, deadline calculation, and post-trial procedures. More information is available at http://www.thecalifornialitigator.com
~~~~~~~~~~ Barbara is an Administrative Legal Assistant with the law firm of Chain | Cohn | Stiles in Bakersfield, California. She be-gan her legal career in 1980 working for civil defense attorneys in the area. Since 1995, Barbara has worked for David Cohn, Managing Senior Partner of Chain | Cohn | Stiles. Barbara is Mr. Cohn’s senior legal assistant and administrator of his multi-million dollar personal injury practice. Additionally, Barbara is an adjunct instructor at California State Univer-sity, Bakersfield teaching personal injury law for the Attorney Assistant Program. She lectures on different topics of civil litigation. Starting in 2011, her services will be available as a litigation support consultant.
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“Be thankful for what you have; you'll end up having more. If you concentrate on what you don't have, you will never, ever have enough. “ Oprah Winfrey, Media Host, Actress, Philanthropist 1954…
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Attorney Stick Really Likes Halloween!
by Craig Braun of the Law Offices of Craig Brauns
Thanks Craig, for yet a another Spooktacular job!
December 13th, 2012
Kern County Paralegal Association &
Kern County Bar Association
Co-Sponsor the Annual
Holiday Luncheon
Proceeds and Gifts benefit the Jamison Children’s Center,
Court Appointed Special Advocates (CASA), and Bakersfield
Christmas for Seniors.
Committee Volunteer Opportunities Available!
! ! S a v e t h e D a t e ! !
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October
Community Affairs Report
During the month of October, KCPA accepted suggestions and cash donations for
Thanksgiving meals. Thank you to all who made those donations and suggestions.
Because of your thoughtfulness and
generosity, KCPA will be providing a full holiday dinner to a disabled young man, two
single moms and their children, and an elderly
disabled woman this year. They thank you and we thank
you!
KCPA MEMBERSHIP RENEWALS ARE DUE!
Please use the renewal form at the end of
this newsletter if you have not already
sent in your renewal
31 H Street Bakersfield CA 93304
www.kernlegal.com
Phone: (661) 735‐4088 Fax: (866) 241‐0051
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October’s MCLE Luncheon Speaker
Thank you to Craig for speaking to us bringing everyone up to date on Real Property Law. Thank you to Klein DeNatale Goldner, et al, for hosting. And thank you to all who attended!
Who knew that a presentation on: SEXUAL HARRASSMENT IN THE WORK PLACE could be entertaining, interesting, and funny? Anyone who has ever been to a presentation on the topic given by Margo Raison, Deputy County Counsel, that’s who! Ya gotta see it to believe it, so be there! See the flyer for more info, because you don’t want to miss this one!
Attorney Craig Braun Speaks! November Super Speaker!
“Small cheer and great welcome makes a merry feast.” William Shakespeare, Poet and Playwright 1564-1616
“What we do for ourselves dies with us. What we do for
others and the world remains and is immortal.”
Albert Paine Bigelow, Author 1861-1937
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Law Office of
Edward J. Thomas
A Professional Corporation
EDWARD J. THOMAS Certified Specialist Family Law
The State Bar of California Board of Legal Specialization
5201 California Avenue, Suite 400 Bakersfield, California 93309-1673
Telephone: (661) 322-1777 Fax: (661) 324-3660
Email: [email protected]
Thank you to our local law firms for their continuing support!
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K C P A ’ s S u s t a i n i n g M e m b e r s
ACTIVE LEGAL PROCESS SOLUTIONS
ATTORNEY’S CERTIFIED SERVICES
CHAIN | COHN | STILES
DOWLING|AARON, INC
EDWARD J. THOMAS, APC
ESQUIRE DEPOSITION SERVICES
KAPLAN COLLEGE
KELEHER’S CERTIFIED SHORTHAND REPORTERS
KERN LEGAL SERVICES, INC
KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP
WOOD & RANDALL
Become a Sustaining Member of KCPA Today!
As a Sustaining member, your company’s employment ads run as needed at no charge, your com-pany’s logo ad runs monthly in THE PARALEGAL POST, and your company’s name and website link are
placed on KCPA’s website. Sustaining Membership is only $125.00 per year. A great value! Please contact our Member Services Director, Jannett Coats at [email protected] and
become a KCPA sustaining member today!
T h e P a r a l e g a l P o s t
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KCPA’s Community Affairs Calendar
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P.O. Box 2673 Bakersfield, CA 93303 www.kcpaonline.org
President and KCBA Board Liaison
AMBER BREWER
Chair of the Board and Webmaster MAKALA COLEMAN, CP
(661) 345-4296
Vice President JUSTIN MADDING
(661) 323-4000
Secretary SHELLY HOWLETT
(661) 395-1000
Treasurer BOBBIE MEBANE, CLA, ACP
(661) 322-1777
CAPA Primary Representative and Programs/Education Director
STACI NOEL
(661) 395-1000
Member Services
Janette Coats
(661) 323-4000
Community Affairs STARLENE PARSON
(661) 325-5943
Newsletter Editor MICHELLE WHITAKER, CP
(661) 868-2819
Public Information ERIN LINDSEY
(661) 327-9661
CAPA Secondary Representative JESSIE FROST
(661) 331-7290
Student Representative PATTY ORTIZ
(661) 323-4000
K E R N C O U N T Y P A R A L E G A L A S S O C I A T I O N
KCPA 2012/2013 Board
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