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NOVEMBER 2008 • $4 A Publication of the San Fernando Valley Bar Association

Earn MCLE Credit

PRSRT STD

US Postage Paid

Canoga Park, CA

Permit No. 348

2008 Conference of Delegates Update

2 Valley Lawyer � NOVEMBER 2008 www.sfvba.org

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www.sfvba.org NOVEMBER 2008 � Valley Lawyer 3

FEATURES

11 2008 Conference of BY CYNTHIA ELKINS

Delegates Update

12 VCLF Partners with Haven Hills BY SARAH J. BERDINE

16 Videoconferencing: The Attorneys BY STAN REISCH

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18 Keeping Exempt BY MARSHALL GLICK

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Contents

5 President’s MessageAn Advocate for the Valley CommunityBY TAMILA JENSEN

7 From the EditorStrengthening Public Service Accountability BY ANGELA M. HUTCHINSON

8 Court News

9 Public ServiceA Program to be Thankfulfor in Bleak TimesBY ROSIE SOTO

14 Member Benefits

14 New Members

21 Above the LawEmbezzle IllustrationBY MARC R. JACOBS

25 Santa Clarita Valley Bar AssociationEveryone’s Vote CountsBY TAMIKO HERRON

26 SFVBA Sponsors Televised Forum on Proposition 8BY WENDY E. HARTMANN AND CAROL L. NEWMAN

27 Valley CommunityLegal Foundation Bar-Foundation CooperationBY STEPHEN T. HOLZER

28 Classifieds

30 Event Calendar A Special Evening with Israeli Family Court Judge Paul StarkPLUS: More SFVBA Events

A Publication of the San Fernando Valley Bar Association

SAN FERNANDO VALLEYBAR ASSOCIATION

21250 Califa Street, Suite 113Woodland Hills, CA 91367

Phone (818) 227-0490Fax (818) 227-0499

www.sfvba.org

EDITORAngela M. Hutchinson

BOARD OF TRUSTEES

President . . . . . . . . . . . . . . . . . . . . . .Tamila JensenPresident-Elect . . . . . . . . . . . . . . . . .Robert FlaggSecretary . . . . . . . . . . . . . . . . . . . . . .Seymour I. AmsterTreasurer . . . . . . . . . . . . . . . . . . . . . .Alan J. SedleyPast President . . . . . . . . . . . . . . . . . .Sue BendavidExecutive Director . . . . . . . . . . . . . . .Elizabeth Post

TRUSTEES

Chancela Al-Mansour Tamiko HerronLeonard J. Comden Carmen McDonald-GoldbergMatt Crowley Steven G. Mehta Natasha N. Dawood Sanford L. MichelmanBrent M. Finch Lisa MillerAdam D.H. Grant Caryn Brottman SandersDavid Gurnick John F. StephensWendy Hartmann

STAFF

Director of Public Services . . . . . . . . .Rosita SotoReferral Consultant . . . . . . . . . . . . . .Gayle LindeReferral Consultant . . . . . . . . . . . . . .Lucia SendaReferral Consultant . . . . . . . . . . . . . .Aileen JimenezDirector of Education & Events . . . . .Linda TemkinCommunications Manager . . . . . . . .Angela M. HutchinsonMember Services Coordinator . . . . . .Jennifer Jimenez

SECTION CHAIRS

ADR . . . . . . . . . . . . . . . . . . . . . . . . . .Alan Saler . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Lyle Greenberg

Business Law . . . . . . . . . . . . . . . . . .Steven R. Fox . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Brent Finch

Criminal Law . . . . . . . . . . . . . . . . . . .Jeff Yanuck . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Louisa Pensanti

Family Law . . . . . . . . . . . . . . . . . . . .Rhonda Rauch Miller . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Ellen Friedman Tinero

Intellectual Property, Entertainment & Internet Law . . . . . .Mishawn Nolan . . . . . . . . . . . . . . . . . . . . . . . . . . . . .John Stephens

Litigation . . . . . . . . . . . . . . . . . . . . . .David GurnickNew Lawyers . . . . . . . . . . . . . . . . . .Natasha N. DawoodProbate & Estate Planning . . . . . . . . .Charles Shultz . . . . . . . . . . . . . . . . . . . . . . . . . . . . .David Coleman

Small Firm & Sole Practitioner . . . . . .Lisa Lerner MillerWomen Lawyers . . . . . . . . . . . . . . . .Roxanna B. KazWorkers’ Comp . . . . . . . . . . . . . . . . .William Kropach

Valley Lawyer is published 11 times a year. Articles,announcements, and advertisements are due by the first day of the month prior to the publication date. The articles in Valley Lawyer are written for general interest and are not meant to be relied upon as a substitute for independentresearch and independent verification of accuracy.

Layout, Pre-press & PrintingMaster Graphics Printing (818) 343-0500

© 2008 San Fernando Valley Bar Association

DEPARTMENTS

16

11

18

Correction: SFVBA Board of Trustee Natasha Dawood is not a member of theBeverly Hills Bar Association, as it was incorrectly stated in our July/August issue.


©2007 West, a Thomson business W-304638/5-07

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An Advocate for the Valley CommunityTTAAMMIILLAA JJEENNSSEENN

SFVBA President

President’s Message

N SEPTEMBER 20, 2008, the San Fernando Valley BarAssociation enjoyed its 82nd

Installation Dinner and AnnualMembership meeting. I am merely thelatest in a long line of presidents and amlooking forward to building on the workof so many other bar leaders, trusteesand members.

As one the oldest voluntary barassociations in California, the SFVBA is also is one of the largest with amembership of about 2,100. It wasformed at about the same time as theState Bar came into existence as a unifiedbar. The SFVBA has been devoted toserving the lawyer members, thecommunity, and the courts since itsinception. For example, the SFVBA wasactive in bringing the first courthouse tothe north Valley, which were the trailersthat still linger behind the North ValleyDistrict courthouse and which served theValley for many years.

Currently, our 2,100 members areserved by 11 sections (including Probate,Workers’ Compensation, Litigation,ADR) and as new areas of the lawdevelop, we add sections as necessary tomeet the needs of our members.

At the board level, there are about12 committees, including ARS,Programs, Bench-Bar, and many more.All members are welcome to participatein sections and committees. Weencourage you to join us for one event oras many as your time and interest allows.

The Board of Trustees welcomed fivenew trustees in September: NatashaDawood, Brent Finch, CarmenMcDonald-Goldberg, Lisa Miller andJohn Stephens. I and the rest of theBoard look forward to working withthem. Please keep in mind that the Boardmeets every second Tuesday. Memberswho have questions or just wantinformation are welcome to call any member of the Board.

Sue Bendavid had a very successfulyear as president, and just as she built onand continued the work of those whocame before her, I will have the privilegeof following in her foot steps andbuilding on her work. A lot hashappened this past year and we willfollow up to make these innovations alasting success. For example, as part ofour commitment to diversity, an Explorer

Post was formed to educate teenagestudents about the law and judicialsystem. Twenty young people areparticipating this year.

We adopted Maurice Sendac MiddleSchool and committed to support theschool in bringing programs about thelaw to the students on an ongoing basisand teaming with them to promote thelaw, civil society, and careers in law andjustice.

We have also served the communityin many ways. This year, the Daily Newsadded an “Ask a Lawyer” column inwhich ARS panel members are answeringquestions on various legal issues posedby lay people through the newspaper.

This has been a busy year in ourrelationship with the courts. We workedwith the Los Angeles Superior Court onthe creation of a new PowerPointpresentation to be shown to jurors whenthey report for jury service. This willgreatly enhance the jurors experiencewhen it is launched.

Our Bench-Bar Committee meets ona regular basis with our Valley judges andsupports the court through volunteerprograms, including VAST, the ProbateAttorney Settlement Conference Panel,and the revitalized Temporary JudgeProgram. We also participate in the state-wide Bench-Bar Coalition under theauspices of the Administrative Office ofthe Courts. SFVBA members go toSacramento twice a year to lobby thelegislature on matters of great concern toour courts.

Direct services to members also havegrown with new benefits, includingFastcase for legal research. Valley Lawyeris a full-fledged magazine. Our firstannual Golf Tournament took place onOctober 13.

The SFVBA is active on the state andnational level as well. We have onedelegate to the ABA’s House of Delegates.We also have 12 delegates and 12alternates to the Conference of Delegatesof California Bar Associations (CDCBA),which met in late September inMonterey. It is now time to start workingon resolutions for the 2009 meeting inSan Diego. Anyone wanting to serve onthe delegation or with issues concerningthe laws of our state can contact me orany member of the delegation. This is achance to have a voice on issues thatmatter to you.

The SFVBA also maintains fruitfulrelationships with other entitiesincluding the Valley Community LegalFoundation. Every year we enjoy the LawDay Gala. After years of work by theFoundation and others, the newchildren’s waiting room in Van Nuysopened in October. This holiday seasonwe will collect new toys and books todonate to the children’s waiting room.Details of suitable toys and books will bedistributed soon.

We also have affiliate relationshipswith many bar associations including theLos Angeles County Bar Association,Santa Clarita Valley Bar Association(which has a member on our Board ofTrustees), Mexican American BarAssociation, Italian American LawyersAssociation, and the Multicultural BarAlliance.

This year, we will build on the workof those who went before us. I ask all ourmembers to support the San FernandoValley Bar Association, and thecommunity, and this year especially, tosupport our courts and our judges.


OO


By now you have had a chance to reviewBar Notes, our new monthly (maybesemi-monthly) electronic newsletter. If you would like to be included in the“Members in the News” section, or haveother content that is suited for an issueof Bar Notes, please email me yoursubmissions by the 15th of every month(no later!)

In addition to our e-newsletterlaunch, you will soon be receiving e-postcards to serve as event reminderswith an easy registration process, as well as e-news releases to keep youabreast of what’s happening at the Bar.

This month’s issue of Valley Lawyerfocuses on public service and advocacy.Strengthening public serviceaccountability is critical in times of astrained economy. The Bailout Bill is an example of why it is mandatory for

the public to hold our governmentaccountable. In times of scarce monetaryresources, stagnant household incomesand increasing necessary expenditures,the role of our government is to be an advocate for the public. However, this does not excuse individuals orbusinesses from the responsibility ofspending within means. And whenheaded down a road of financial trouble, one must have confidence to seek advance help through variousservice-orientated organizations.

Equally as important of ourgovernment serving the public, is thepublic serving one another. Whethervolunteering time for a politicalcampaign, donating time or money to alocal charity, or contributing resourcesand other support to non-profitorganizations, advocacy is whatcontinues to showcase America’s abilityto solve problems and affect change.

A popular biblical metaphor refersto the importance of bearing fruit onbranches in order to produce a qualityvine. In terms of public service andadvocacy, our government is like a vine with members of society as thecontributing branches. If we do not learn to produce fruit by serving oneanother, we will neither be of value toour communities nor society. Often, wetend to take pride in our past service,but I encourage you to look forward. We the people (San Fernando Valleyians) should celebrate our BarAssociation’s tradition by serving ourcommunity today, tomorrow and in thefuture.

Have a fruitful month!

Angela M. Hutchinson

From the Editor

For question, comments or candid feedback regarding Valley Lawyer or Bar Notes,

please contact Angela at (818) 227-0490, ext. 109 or via email at [email protected]

AANNGGEELLAA MM..

HHUUTTCCHHIINNSSOONN

Editor

Dear Members,

Get Your LiteraryWork Published

is currently seeking articles. Editorialcontent must be written as sophisticatedanalyses of important issues. New laws or current affairs can also be addressed.

Feature and MCLE articles are accepted.

Upcoming Calendar Topics:*DEC – Employment LawJAN – Criminal Law and Diversity FEB – Entertainment LawMARCH – Alternative Dispute Resolution and Construction Law

*Articles do not always have to focus on calendar topics, but should be based on author’s legal expertise or interests.


Court News

U.S. Bankruptcy Court Central District of California

Public Notice Re: Courtesy Notification of ElectronicFiling (NEF)

Effective immediately, registered CM/ECF users who wish to receive courtesy electronic notification of documentsfiled in a particular bankruptcy case may submit a requestto the Court using the form “Request for CourtesyNotification of Electronic Filing (NEF).” This form isavailable on the Court’s website www.cacb.uscourts.govunder Forms/Rules/GeneralOrders >Court Forms.

Please note that all Requests for a Courtesy NEF must be filed electronically with the Court, and that the courtesyelectronic notification shall be delivered via the Court’s CaseManagement/Electronic Filing (CM/ECF) system as an NEF.Requests for a Courtesy NEF will not be accepted at theIntake window.

Further note that this request DOES NOT impose anyobligation on the Court, the debtors or any other party inthe case to deliver courtesy copies of any orders, pleadingsor other documents entered on the docket by mail,telephone, facsimile, or any other means of electronictransmission.


Business Law

A Program to be Thankful for in Bleak Times

Public ServiceRROOSSIIEE SSOOTTOO

Director of

Public Services

HE SFVBA HISTORY BOOK, Serving the Community, The SanFernando Valley Bar Association’s

First Seventy-Five Years, describes the 70’sas a time of transition and expansion forthe SFVBA and ARS (previously knownas LRIS). The leadership looked for waysto affirm its commitment to providingservices to the greatest number of peoplein the community.

In 1977, with a public service goalin mind, the SFVBA Board of Trusteesadopted the Modest Means Program inconnection with Neighborhood LegalServices (NLS) of Los Angeles County.Modest Means was designed to provideaccess to quality legal services for lowerincome individuals.

The average price of a stamp in1977 was 13¢. The average price of milkwas $1.44. The cost of a gallon of regulargas was 67¢. The average price of ahome was $54,000, and unemploymentwas at 7.1%. Thirty-one years later, theprice of a stamp is 42¢. The cost of milkis high and in line with soaringconsumer cost in every isle. Currently,the 2008 housing outlook remains grim.People who own Hybrids are enviedbecause fuel prices have soared. Thejobless rate has hit the highest pointsince 2003.

There are drastic changes in people’sabilities to pay for legal services. Clientscan no longer count on credit and homeequity lines. For many, the only way theycan come up with attorney fees is thecash in their pockets.

The Modest Means program allowsclients to pay reduced hourly feescapped at $175 per hour and a cap ontotal fees of $3,500 in family law cases.Fees in other modest means panel areasare reduced flat rates for defined legalservices regarding landlord/tenantmatters, bankruptcy and estate planning.The ARS does not collect a percentage offees earned on modest means clients as away to further assist these clients and theattorneys who represent them.

Modest Means panel members meetthe requirements for the particular areaof law in which the client seeks servicesand agree to abide by all ARS rules andrates set forth.

Last fiscal year, the ARS referredclose to 3,000 cases. That number is

about thirty percent of the actualinquiries received by the ARS. TheModest Means program received anestimated 150 applications from clientsseeking modest means services andabout 20 percent of those applicationswere referred. ARS also referred close to 100 Limited Scope cases, another ARS program that helps clients affordlegal services.

In the last few months, about 36%of clients referred by the ARS to panelmembers resulted in a consultation only.When surveyed, clients indicated anattorney’s fee as a top reason why theydid not hire the attorney. Such statisticssuggest the need for expansion of the 31-year program.

Everyone is being affected by thedifficult economy. Although thankful forhaving the financial and educationalresources and personal resilience tomanage, many modest means clients

are facing real devastation in their livesas they lose their jobs, homes, andhealth. At the same time, publicassistance is being severely reduced oreliminated. As the SFVBA’s history bookshows the SFVBA and ARS membershiphas always reached out even moreduring hard times and disasters toprovide legal guidance andrepresentation.

The feeling of longtime ARS ModestMeans panelists is that giving back to thecommunity is rewarding on many levels.Clients like to do business with attorneyswho are doing well. In the eyes of manyclients an attorney with time to give backto the community must be successful.Participation in the Modest Meansprogram gives individuals of modestincome hope in resolving their legalmatter and quite possibly a reason to bethankful this year before theirThanksgiving meal.

TT

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2008 CONFERENCE OFDELEGATES UPDATE

By Cynthia ElkinsCo-Chair, SFVBA Conference of Delegates

HE CONFERENCE OF Delegates of California BarAssociations (CDCBA) convenes

annually each fall in conjunction withthe State Bar’s Annual Meeting – thisyear in beautiful and sunny Monterey.The CDCBA serves justice in Californiaby bringing a diverse group of attorneystogether to develop non-partisansolutions to law-related issues for thebenefit of Californians.

The San Fernando Valley BarAssociation was proudly represented by our determined Delegation whichincluded Tamila Jensen, PatriciaMcCabe, Anne Adams, BernieGrossman, Steve Holzer and CynthiaElkins. Marlene Seltzer, Louis Michelsonand Roger Franklin, also dedicatedmembers of the committee, were unableto attend this year’s conference.

During this year’s conference, theSFVBA was the proud sponsor of fourresolutions and three were approved inprincipal. Two resolutions submitted bycommittee member Patricia McCabeaddressing concerns in the FuneralServices industry were approved inprincipal without debate. McCabe’sresolutions sought to amend B&P Code §7685 and 7685.2 to requirewritten disclosure of terms of interestcharges where funerals are paid for in installments.

Another successful resolution thatwas approved in principal was submittedby Co-Chair Roger Franklin. Franklin’sresolution sought to amend CCP §1161to require 60-day termination notice fortenants of foreclosed manufactured,mobile or floating homes for more thanone year. Last year, Franklin also had aresolution approved and assisted in thelobbying effort to get the resolutionpassed into law by Sacramento.

The fourth resolution, submitted bySteven W. Murray, entitled “Insurance:Definition in Policies,” sought to amendInsurance Code Section 41 to state thatall terms in an insurance policy aregoverned by the terms as defined in theInsurance Code. Regrettably, theCDCBA disapproved this resolution andit was not passed – but there is alwaysnext year.

In addition to SFVBA’s resolutions,the Bar endorsed a “friendlyamendment” to the Beverly Hills BarAssociation’s resolution entitled “CivilAction Mediation” to amend Code ofCivil Procedure Sections 1775, 1775.8,1775.13 and 1775.14

If any members of the SFVBA wishto become involved with the Delegation,

please contact Roger Franklin [email protected].

“The Conference of Delegates is agreat way to network with yourcolleagues, expand your knowledgeabout the law, and seek to make changes that affect the laws important toyour practice area,” says Co-ChairCynthia Elkins.

TT

HAVE A CLIENT WHO CAME to my office seeking help with herSocial Security claim. During my

representation of this client, I produceddocuments to the Social SecurityAdministration. In those documents,there was a burial services contract andall related documents. My client wasdisabled and had prepaid her burialneeds as her health was failing.

I noted on the burial servicescontract that the terms were listed.However, in calculating the paymentsover time, I noted that the interestcharged was considerable. I lookedthrough the remaining documentation to find the notice to be provided to theconsumer by the institution, under theTruth in Lending Act, Regulation Z,relating to the interest rate. There wasno notice.

My client had no idea how muchinterest they were paying on thecontract. I know that they are notalone. This was not the first client whohad entered into a contract for suchservices and was unaware of the cost ofthe credit extended. Often theseprepaid burial contracts are sold to thedisabled or elderly.

I researched what information waslegally required to be on the burialservices contract. Under the Businessand Professions Code, Section 7685 et.seq., every funeral director is requiredto list specific services they are offering.

However, this Code section did notaddress interest rate. Perhaps when thissection of the Code was writteninterests rate was not an issue.However, today it is an issue. I believedthat it should be printed on thecontract.

I took matters into my own handsand drafted two resolutions for theConference of Delegates for the SanFernando Valley Bar Association. Thetwo resolutions addressed the two partsof the B&P Code which delineated theburial contract. The resolutions werediscussed and then sponsored by ourDelegation and submitted to theConference of Delegates of CaliforniaBar Associations (CDCBA).

Bar Associations from all overCalifornia researched, debated and thentook a position on the two resolutions.On September 26, 2008, the CDCBAconvened and considered theseresolutions along with 114 otherresolutions.

These two resolutions weresupported and approved by the entireCDCBA. I have requested that theseresolutions be sponsored by theCDCBA lobbyists so that the Businessand Professions Code can be changed.Hopefully, at the end of the day, anelected representative will championlegislation to change the Code. One person perhaps can make adifference.

One Person Can Make a Difference

II

PPAATTRRIICCIIAA LL..

MMCCCCAABBEE


OR PROFESSIONALS IN THElegal arena, the court system isfamiliar and orderly. For victims

of domestic violence, it is a very scaryand intimidating environment.When the victims enter the HavenHills’ Crisis Shelter, they arefrightened, traumatized andoverwhelmed with not knowingwhat steps to take next to keepthemselves and their children safe.

A critical service providedduring the shelter stay is thedevelopment of each victim’s safety

plan. For many years, the San FernandoValley Bar Associations’ ValleyCommunity Legal Foundation (VCLF)has provided Haven Hills with

significant grant dollars. These fundsenable Haven Hills’ counselors and

advocates to help the victimsunderstand and navigate the legalprocess with a higher degree ofconfidence and success for protecting

themselves.For the women in the Haven

Hill’s 30-day Crisis Shelter, thishelp is invaluable. Intakecounselors begin assessing the needfor a restraining order with eachvictim shortly after arrival. Mostvictims are scared and do not know

what to expect. Sometime, languagebarriers make the process even morechallenging. In addition, the victimsare often unsure of what questions toask, and they do not know how toobtain or prepare the restraining orderapplication, or what to expect in acourt room setting.

The Haven Hills’ case managersand advocates assist with preparation offorms and role playing of court roomprocedures to help familiarize clientswith what to expect. Also, counselorsdevelop questions for the victims to askand provide them with anunderstanding of the client’s rightsbefore going to court.

Additionally, the VCLF financialsupport has been instrumental in thedevelopment of the Haven Hills’ CourtAdvocacy program, which enables thevictim to be accompanied on theircourt date for additional support whenfacing the batterer for the first time after escaping the abuse.

Sara J. Berdine is the Executive Directorof Haven Hills, Inc. Shecan be reached at (818) 887-7481 [email protected].

FF

The San Fernando Valley Bar Association’s

VCLF Partners with Haven Hills, Inc.By Sarah J. Berdine

“On behalf of our clients, Haven Hills thanks

the Valley Community Legal Foundation for

their generosity and continued partnership.

It does make a difference.”

INSTALLATION GALASeptember 20, 2008

2008-2009 SFVBA Executive Committee

Taiko Drum Ensemble

2008-2009 SFVBA Board of Trustees

(L-R) Assemblyman Mike Feuer, SFVBAImmediate Past President Sue Bendavid andL.A. District 2 City Councilwoman Wendy Greuel

COLUMBUS DAY GOLF TOURNAMENT

October 13, 2008

(L-R) Judges Shari Silver, Robert Schuit and Alice Hill

SFVBA President Tamila Jensen

2nd Place Team

Putting Contest

(L-R) Wells Fargo Beverage Sponsors Elle Von Schuler and Terri Peckinpaugh

(R-L) Golf Committee Chair and Photo SponsorPatricia McCabe and Assistant Jessica Martinez

3rd Place Team1st Place Team

(R-L) SFVBA Staff Aileen Jimenez and Tee Sponsor Robin Leonard

Eagle Sponsor Wasserman, Comden & Casselman

(L-R) SFVBA Staff Angela Hutchinson, Liz Post and Rosie Soto


■ SFVBA rents its Executive Boardroom and Small Conference Room fordepositions and hearings. Amenities include breakout room, beverage service, andfree parking. Only $150 per day.

San Fernando Valley Bar Association

Member Benefits

■ As a member of the ABA's House of Delegates, SFVBA Memberscan take advantage of the ABA Retirement Funds program,administered by global leader State Street. The program provides fullservice, cost-effective retirement plan solutions to law firms of all sizes,and charges no out-of-pocket fees for administrative services. For more information see the program's prospectus atwww.abaretirement.comor contact Plan Consultant Patrick Conlon at (617) 376-9326.

■ Wells Fargo Insurance Services offers an exclusive Lawyers ProfessionalLiability insurance program for law firms of 1-10 attorneys. Call TerriPeckinpaugh at (818) 464-9353.

■ Join Southland Credit Union and gain access to great interest rates on deposits and loans, no fee traveler checks, and more. Call (800) 426-1917.

■ Bank of America offers members a no annual fee WorldPoints®

Platinum Plus® MasterCard® credit card program. To apply by phone,call (800) 932-2775; mention priority code FAA8O3.

■ The SFVBA offers Fastcase, a comprehensive online law library, as afree service to all SFVBA members. Click on the Fastcase logo atwww.sfvba.org to enjoy unlimited usage, unlimited customer service

and unlimited printing, all at no cost.

■ Contact the SFVBA office to receive a package of discount coupons &membership cards for Southern California’s major theme parks and attractions.

■ Now Messenger Service offers members who open new accountsa 5% discount off their current rates. Call (818) 774-9111.

■ United Commercial Bank offers no account maintenance fee on checkingaccounts with minimum balances; lower fees on credit card merchant services;

and Express Deposit Service enabling Members to scan checks at the office and transmit the imageto UCB for deposit. Call (818) 988-6668.

■ Members save up to 15% off Hertz daily member benefit rates at participating locations in the U.S. and special international discounts are alsoavailable. Your SFVBA CDP #1787254 is the key. Visit hertz.com or call (800) 654-2200.

■ SFVBA members save $10 on new AAA Membership. Please also ask us aboutnew insurance with many available discounts. Call Hazel Sheldon at (818) 615-2289.Mention campaign code 39727.

■ Receive 10% off Super Value daily and weekly rates and 5% offpromotional rates from Avis Rent A Car. To make a reservation, call (800)331-1212 or visit www.AVIS.com. When reserving a vehicle, providediscount AWD Number G133902.

The following joined theSFVBA in September 2008:

New Members

Keith Gregory AdamsToberoff & Associates, P.C.Los Angeles(310) 246-3333 [email protected] PropertyTimothy C. ChangWasserman, Comden & Casselman LLPAlhambra(626) 308-9882 [email protected] Law/Pacific RimReid E. DammannWasserman, Comden & Casselman LLPTarzana(818) 705-6800 [email protected], TrademarkFrank Oliver FoxLaw Firm of Fox and FoxLos Angeles(323) 937-4422 [email protected] LawRandi R. GeffnerWasserman, Comden & Casselman LLPTarzana(818) 705-6800 [email protected] and EmploymentJamie N. GonzalezOldman Cooley et al.Encino(818) 986-8080 [email protected] Litigation, ProbateDr. Bruce IsaacsonMarylander Marketing ResearchEncino(818) 464-2400 [email protected] MemberRizwan JinnahAlpert, Barr & Grant, APLCEncino(818) 881-5000 [email protected] Property, Corporate LawAlexander S. KasendorfAlpert, Barr & Grant, APLCEncino(818) 881-5000 [email protected] LitigationMichael G. KlineWasserman, Comden & Casselman LLPTarzana(818) 705-6800 [email protected] LitigationLeslie S. NordonLaw Offices of Marcia L. KraftWoodland Hills(818) 883-1330 Rabin J. PournazarianPrice Law GroupEncino(818) 995-4540 [email protected] RamirezLaw Offices of Marcia L. KraftWoodland Hills(818) 883-1330 Civil LitigationJeffrey Robert RhoadsToberoff & Associates, P.C.Los Angeles(310) 246-3333 [email protected] PropertySandra RuvalcabaWasserman, Comden & Casselman LLPOxnard(805) 988-0285 [email protected] InjurySabrina D. SandersWasserman, Comden & Casselman LLPOxnard(805) 988-0285 [email protected] ActionsGregory B. ScarlettWasserman, Comden & Casselman LLPTarzana(818) 705-6800 [email protected] S. WilliamsPrice Law GroupEncino(818) 995-4540 [email protected] M. WuWasserman, Comden & Casselman LLPAlhambra(626) 308-9882 [email protected] Property


ANY ATTORNEYS WORKvery long hours, as much as 60to 70 hour per week, in

developing their practices. This, oftentimes, does not leave enough time forfamily and leisure. Balancing work andlife is one of the most discussed topicswithin the legal community. Attorneysare now looking for ways to improvetheir productivity in order tomake more time for family andleisure.

Videoconferencing hasbeen around for quite a while.Savings in time, travel andcosts can certainly beattributed to it. Now, attorneys can do mediations,arbitrations, negotiations,settlement conferences,interviewing expert witnesses,along with meetings, briefingsand collaborations with clientsand colleagues, from anywherein the country or around theworld, without leaving theiroffice, right from their desk.When it comes to mediationsand arbitrations,videoconferencing saves on time andtravel, is cost effective and as attorneysand mediators know, getting theultimate decision makers togethergreatly increases the chances ofsettlement.

Videoconferencing offers attorneysa way to resolve disputes and other

legal issues without going to court.Attorneys can settle cases in days,rather than months or even years. Theycan also take on more cases, includingsmaller matters that are not cost-effective to litigate conventionally. Thecost to use videoconferencing is afraction of what it would cost to litigatea case in court.

No longer should there be aperception that videoconferencing isvery expensive and highly technical.Today, your desktop or laptop are yourvideoconferencing terminal and justadding an inexpensive video camera,along with a high speed connection,you’re ready to go.

The Center for Alternative DisputeResolution Education, Inc. (CADRE) islooking for participants to take part inwhat will be a groundbreaking studyentitled "Videoconferencing in thePractice of Law, The New Frontier!" todetermine the usefulness, effectivenessand productivity of usingvideoconferencing.

Videoconferencingspecifically developed to servethe legal community is aproductivity tool that isavailable to attorneys rightnow. By integrating it intotheir practices they will beable to deal with the work-lifebalance issue and assurethemselves that they will havemore time for leisure activitiesand for their families.

Stan Reisch is President and CEO of Mediation Arbitration Resolution Services,Inc., which has a "VirtualADR"program that

offers videoconferencing.Considered an expert in the development ofvideoconferencingsystems for the legalprofession, Reisch can be reached at (818) 865-8858 [email protected].

MM

Videoconferencing:The Attorneys Newest

Productivity Tool

By Stan Reisch


MMCCLLEE AARRTTIICCLLEE AANNDD SSEELLFF--AASSSSEESSSSMMEENNTT TTEESSTTBy reading this article and answering the accompanying test questions, you can earn one MCLE credit. To apply for the credit, please follow the instructions on the test answer form on page 23.

T SOME POINT IN THEIR careers, many attorneys are calledon to assist their clients, friends,

or some local volunteer group bysecuring tax-exempt charitable statusunder IRC §501(c)(3). Although manyare willing to donate their timeoccasionally to a worthwhile cause, fewhave much experience in nonprofit law.Fewer still have more than arudimentary understanding of therequirements of the formation andexemption process. And manypractitioners simply do not realize that,with their well-meaning actions, they arecracking open a Pandora’s Box ofcomplex tax and legal issues that couldleave them vulnerable to creatingunwitting errors and omissions.

Consider the following scenario: Anattorney formed a nonprofitorganization, XYZ Charity, for a clientinterested in benefiting low-income LosAngeles residents. The attorneystruggled through the arduous and time-consuming process of filing articles ofincorporation with the secretary of state,Form 1023 with the IRS, and Form

3500 with the Franchise Tax Board(FTB) – all of which are required toattain XYZ’s exempt status on the federaland state levels.

After responding to some IRSquestions, XYZ’s officers eventuallyreceived determination letters from theIRS and the FTB conferring tax-exemptstatus on the organization. Attorney andclient were justifiably delighted. Sincethen, XYZ has been operating in thepublic interest, and the targeted low-income community in Los Angeles hasbeen served well. And XYZ has alsoreceived substantial public donationsover the years.

Attorney blithely assumes that all iswell. But that assumption is shattered bya frantic call from the client informingthe attorney that the IRS and the FTBare threatening to revoke XYZ’s exemptstatus – and that the California Registryof Charitable Trusts (the Registry), adivision of the California Department ofJustice, has kicked off an investigation.The exempt status may be revokedbecause of a number of allegedcompliance failures, including the

charity’s failure to file forms with theRegistry, the IRS and the FTB.

To make matters even more grim,XYZ’s president says he has just receivedan order to cease and desist from allfund-raising from the CharitableServices Section of the Los AngelesPolice Commission, citing theorganization’s failure to file additionalpaperwork before beginning its activitiesin the city.

A chill runs down the attorney’sspine when trying to recall whatinstructions were given to the clientback in those hopeful days of seekingnonprofit status for XYZ. When the fileis retrieved, the attorney is unable tofind any notes or copies of anycorrespondence about any of thesematters.

Ounces of PreventionThe hope is that this nightmare scenariowill never haunt those who form andadvise private foundations and publiccharities. Complying with all federal,state and local governmental filingrequirements is essential to retain

AA

Keeping Exempt Organizations Exempt*

By Marshall A. Glick

*First published by California Lawyer magazine in July 2003, and updated for this article.


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services, as well as audits of and consulting for employee benefit plans.

exempt status and avoid severe penaltiesand other adverse consequences, both tothe attorney who is involved and to theexempt organization.

In truth, attaining federal and statetax-exempt status reflects only the tip ofthe iceberg of compliance requirements.After that, a nonprofit organization mustalso satisfy a number of additionalfederal, state and local requirements –most of which are ongoing from year toyear.

As part of the formation process,inform the client of all applicablefederal, state and local filing andcompliance requirements. Though theremay be no legal obligation to continuerendering services to an exemptorganization after it is formed, thestandard of practice in nonprofit lawrequires attorneys to inform their clientsabout the additional compliancerequirements. And for evidentiarypurposes, it is always best to give theseinstructions in writing. Failing toprovide such basic information mayleave attorneys open to a legalmalpractice action based on errors andomissions.

A Look at the Most-Often

OverlookedThe adage that an ounce of prevention isworth a pound of cure is particularlyrelevant in nonprofit law. After the IRS,Registry or FTB begins an investigationof alleged compliance failures, it can bevery difficult, time-consuming, andcostly to backtrack and cure anydeficiencies. The most significant andmost often overlooked requirements formaintaining a charity’s continuingexempt status are highlighted here.

File Form CT-1 with theRegistry. Most nonprofitorganizations, including corporations,associations, and trusts holding assetsfor charitable purposes or doingbusiness in California and carrying outactivities for the benefit of the public,are required to file a completed FormCT-1 with the Registry. Onlycorporations organized primarily ashospitals, schools or religiousorganizations are exempt from thisrequirement. Gov’t C §12583.

Form CT-1, last revised in June2007, must be filed in many cases long

before the IRS issues the federaldetermination letter conferring exemptstatus. A copy of Form 1023 as filedwith the IRS for exempt status must besubmitted with Form CT-1. Thedeadline for filing is 30 days after thecharity first receives assets such as cashor property donations. After receivingForm CT-1, the Registry will issue a statecharity number. Many prospectivedonors may ask an organization for thisnumber before agreeing to make adonation to it. There is no federal“Charity number” and exemptorganizations are identified on thefederal level by their employeridentification number or “EIN.”

File Form RRF-1 with theRegistry annually. All charitablenonprofit corporations, associations, ortrusts holding assets for charitablepurposes that are required to registerwith the Registry are also required to fileForm RRF-1 each year. Organizationsmust meet this requirement even thoughthey did not receive any assets, have notfiled Form 990 with the IRS, or are onextended reporting as described below.


A few California nonprofits areexempt from this filing requirement.They include governmental agencies;religious corporations; certain cemeterycorporations; political committees;charitable corporations operatedprimarily as religious organizations,educational institutions, or hospitals;certain licensed health care serviceplans; and corporate trustees subject tothe jurisdiction of the CaliforniaSuperintendent of Banks.

Form RRF-1 must be filed withinfour months and 15 days after the closeof the organization’s accounting period-either calendar or fiscal year-end. Forexample, a calendar year organizationmust file no later than April 15 of thefollowing year. Although the regulationsrequire filing for the most recent fullaccounting period, new organizationsshould also file within four months and15 days of their initial accounting periodrather than risk severe penalties for filinglate.

According to legal strictures, noextensions are allowed for any FormRRF-1 filing, regardless of thecircumstances. Failing to file on timeeach year – even for years in which there

have been no charitable receipts and noassets – may result in the FTB revokingthe exempt status and imposing apossible minimum tax of $800, interest,fines, and filing penalties. Gov’t C§12586.1. However, despite its ownprohibition on issuing extensions, theRegistry is currently processing late filedForm RRF-1’s when there is good causeand an explanation of why the filing waslate.

Though most nonprofitorganizations normally need not pay afiling fee, a $25 fee is required foraccounting periods in which total assetsexceed $100,000.

File Form 990 (or 990-EZ or 990-Nor 990-PF) with the IRS annually.If the nonprofit organization is otherthan a church, a state institution, aninstrumentality of the United States, astock bonus, a pension or profit-sharingtrust, or certain other excepted entity,and normally has gross receipts of$25,000 or less, commencing with taxyears ending in 2008 it mustelectronically file Form 990-N, Return ofOrganization Exempt From Income Tax.For tax years beginning in 2008, if anorganization has gross receipts less than$1,000,000 and total assets at the end ofthe year less than $2,500,000, it maychoose to file Form 990-EZ, Short FormReturn of Organization Exempt FromIncome Tax, instead of Form 990. Forexempt organizations having grossreceipts more than $1,000,000 and totalassets more than $2,500,000, Form 990(as revised for 2008) must be filed.

The following schedule sets forththe modified thresholds for filing Form990-EZ during the transition period:

An organization’s gross receipts aredefined as the total amount receivedfrom all sources during its annualaccounting period without subtractingany costs or expenses. Privatefoundations continue to file Form 990-PF, but this soon may also change.

Organizations that receive a Form990, 990-EZ, 990-N or 990-PF package,

which the IRS generally mails tononprofits as a matter of course, shouldfile the return even if they are notrequired to do so, based upon theamount of their gross receipts for theapplicable year. They should also checkthe box in the heading of the form toindicate that gross receipts are normallynot more than $25,000.

There is no filing fee for any of the990-derived forms. The deadline forfiling Form 990 (or one of its versions)is the 15th day of the fifth month afterthe organization’s accounting periodends (i.e., May 15 for calendar yearfilers). If the regular due date falls on aSaturday, Sunday or on a legal holiday,filing should occur by the next businessday. A business day is defined as any dayother than Saturday, Sunday or legalholiday. Unlike Form RRF-1, the duedate for Form 990 may be extended.The IRS grants an automatic three-month extension to those who file Form8868, Application for Extension of Timeto File an Exempt Organization Return,prior to the original due date. After that,Form 8868 may also be used to applyfor one additional three-monthextension if the original extension wasinsufficient and there is a showing ofreasonable cause for the additionalextension.

A common omission in filing is theinadvertent failure to attach Schedule A,Organizations Exempt Under Section501(c)(3). Schedule A must be filed withForm 990 or Form 990-EZ if a 501(c)(3)organization is not a private foundationand has gross receipts exceeding$25,000 for the reporting period.

Failing to file Form 990 andSchedule A on time, or filing incompleteor inaccurate documents, may result in afine of $20 a day, not to exceed the lesserof $10,000 or 5 percent of the grossreceipts of the organization for thereporting year. For larger organizations,with annual gross receipts exceeding$1,000,000, the penalty for late,incomplete, or inaccurate filing is $100 aday-with a maximum penalty of$50,000 for any one return.

Form 990 is lengthy and complex,and an organization’s accountants mightbe better equipped to prepare it. Theattorney’s responsibility is to inform theclient of the Form 990 (or one of its

Stephen N. Johnson(Former Court Filing Clerk)

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May file 990-EZ for: If gross receipts are: And if total assets are:

2008 Form (generally filed in 2009) <$1,000,000 <$2,500,000

2009 (generally filed in 2010) <$500,000 <$1,250,000

2010 and later Forms <$200,000 <$500,000


derivatives) filing requirement and toclarify (in writing) who will have theresponsibility for preparing and filingthis form in a timely manner.

File Form 199 with theFranchise Tax Board. Form 199,California Exempt Organization AnnualInformation Return, is filed with the FTBand is the state equivalent of IRS Form990. It differs, however, from the federalform in many ways, including but notlimited to a $10 filing fee – which isincreased to $25 if Form 199 is not filedby the original due date. However, thefiling fee is not required for most exemptorganizations that receive public fundingor are exclusively religious or charitable.

Except for private foundations,organizations with gross receipts thatnormally do not exceed $25,000 are notrequired to file this form. Otherorganizations exempt from filing includeexclusively religious organizations; state-controlled organizations; certain politicalorganizations; qualified state tuitionprograms; education IRAs; and moststock bonus, pension, or profit-sharingtrusts.

Like Form 990, Form 199 must alsobe filed by the 15th day of the 5thmonth (i.e. by May 15 for a calendaryear organization) after the end of theorganization’s accounting period. If it isnot filed by its original due date, and ifthe organization was in good standing inCalifornia on the original filing date, anautomatic extension of up to sevenmonths is provided. There is no need toapply for the extension. If theorganization was not in good standing,then no extension applies.

Organizations that fail to file thereturn by its original or extended duedate may be required to pay a penalty of$5 a month, not to exceed $40, until thereturn is filed. The FTB may waive thepenalty on a showing of good cause forlate filing. Form 199 is not nearly asformidable as Form 990, but the client’saccountant may still be the person whois best qualified to prepare it.

File Notice of Intention. In XYZ’shaunting tale of noncompliance, thecharity also failed to file a Notice ofIntention with the Charitable ServicesSection of the Los Angeles PoliceCommission.

All charities that wish to solicitpublic donations in Los Angeles arerequired to file this form at least 15 daysbefore the start of each fund-raisingcampaign or special event. A Report ofResults of Activity must also be filedwithin 30 days after the special fund-raising event. The report disclosesreceipts, expenditures, and distributionof net proceeds from the publicsolicitation. Los Angeles Mun C ch IV,art 4, §§44.00-44.15.

Check the local municipalordinances for similar filing

requirements for organizations operatingin other locales.

Resurrecting FallenOrganizations

All may not be lost for nonprofitorganizations that fail to comply or fallout of compliance. The facts andcircumstances of each case usuallydetermine whether exempt status can bepreserved or resurrected. Absent actualfraud, gross negligence or willfulmisappropriation of charitable funds,


• Member of the SFVBA Board of Trustees since 2002

• Experienced in handling Appellate, Federal and State Criminal Cases

• Certified Criminal Law Specialist, Certified by the Board of LegalSpecialization of the State Bar of California

SEYMOUR I. AMSTER

6320 Van Nuys Boulevard, Suite 300Van Nuys, CA 91401

(818) 947-0104 Fax: (818) [email protected]

Attorney at Law

many organizations can be resuscitated and their exemptstatus retained through candid disclosures to the IRS, theFTB, and the Registry.

Retaining exempt status often depends on whether ornot the organization is voluntarily willing to come forwardwith an admission of its prior compliance failures. Evenclients who have neglected or repeatedly failed to file therequisite forms with the requisite authorities will rarely loseexempt status, as long as the omissions are voluntarily andfully disclosed to the proper agencies. However, thoseagencies may impose substantial penalties for late filing.

The problem most frequently encountered is the failureto maintain complete and accurate records of all expendituresand all revenue, such as donations and other income. At theoutset, inform the client in writing of the importance ofgood, complete, and accurate record keeping and of the needfor timely and complete filings on thefederal, state and local levels.

Marshall A. Glick practices nonprofitlaw in Encino. He is the author ofForming the Exempt Organization(CCH, Inc., 2002, updated in 2006).He can be reached [email protected] or visit hiswebsite at www.glicklaw.com.

Where to Obtain Pertinent

Information and Forms:

Forms CT-1 and RRF-1Call the Registry at (916) 323-0786 or

from its website at

www.caag.state.ca.us/charities

under the subcategory Forms.

Forms 990, 990-EZ, 990-PF, 8868, and Schedule A

Call the IRS at (800) 829-3676 or

downloading them from www.irs.gov

under Forms and Publications.

Form 199 Call the California Franchise Tax Board at

(800) 852-5711 or visit

www.ftb.ca.gov

under All Forms and Publications.


11.. Only federal and state tax exemptions need beobtained to secure exempt status for anorganization under IRC §501(c)(3) that willprovide charitable services in California.

TrueFalse

22.. The Registry of Charitable Trusts is a division ofthe California Department of Insurance.

TrueFalse

33.. The IRS defines an exempt organization’s grossreceipts as the total received from all sourcesduring its annual accounting period, minuscosts and operating expenses.

TrueFalse

44.. Most California charities must file with theRegistry of Charitable Trusts.

TrueFalse

55.. All charities operating in California are requiredto file Form CT-1 annually with the Registry ofCharitable Trusts.

TrueFalse

66.. Form RRF-1 must be filed each year by allcharities operating in California.

TrueFalse

77.. Most charities operating in California that haveannual revenue exceeding $25,000 arerequired to file Form 990 with the Franchise TaxBoard.

TrueFalse

88.. Most charities operating in California withannual revenue exceeding $25,000 arerequired to file Form 199 with the Franchise TaxBoard.

TrueFalse

99.. There is no filing fee for any Form 990 filedwith the IRS.

TrueFalse

1100.. The deadline for filing Form 990 is five monthsand 15 days after the end of the organization'saccounting period.

TrueFalse

1111.. If the nonprofit organization has no revenue,there is no need to file Form RRF-1 with theRegistry of Charitable Trusts.

TrueFalse

1122.. While no extensions are technically allowed forlate filing of Form RRF-1 with the Registry ofCharitable Trusts, the Registry sometimesprocesses late filings if good cause is shown forthe delay.

TrueFalse

1133.. Retaining exempt status for organizations thathave fallen out of compliance often dependsupon whether the organization has voluntarilycome forward with an admission of priorinadvertent compliance failures.

TrueFalse

1144.. Failure by exempt organizations to maintaincomplete and accurate records of expendituresand revenue commonly leads to compliancefailures.

TrueFalse

1155.. Organizations that unintentionally fail tocomply with applicable IRS filing requirementsare subject to fines and penalties not exceeding$5,000.

TrueFalse

1166.. To avoid malpractice issues, an attorney whoforms a nonprofit organization for a clientshould inform the client in writing of allapplicable federal, state and local initial andongoing filing requirements.

TrueFalse

1177.. Organizations with total assets of less than$250,000 at the end of their accountingperiods qualify to file Form 199-EZ.

TrueFalse

1188.. In most cases, Form CT-1 should be filed withthe Registry of Charitable Trusts prior toreceiving the IRS determination letter thatconfers tax-exempt status.

TrueFalse

1199.. A $25 filing fee is required for nonprofitorganizations filing Form RRF-1 and havingtotal asses in excess of $100,000.

TrueFalse

2200.. The annual period for filing Form RRF-1 withthe Registry of Charitable Trusts is the same asthe filing period for Form 199 with theFranchise Tax Board.

TrueFalse

MCLE Answer Sheet No. 5

INSTRUCTIONS:1. Accurately complete this form.2. Study the MCLE article in this issue.3. Answer the test questions by marking the

appropriate boxes below.4. Mail this form and the $15 testing fee for

SFVBA members (or $25 for non-SFVBAmembers) to:

San Fernando Valley Bar Association21250 Califa Street, Suite 113Woodland Hills, CA 91367

METHOD OF PAYMENT:❐ Check or money order payable to “SFVBA”❐ Please charge my credit card for

$_________________.

________________________________________Credit Card Number Exp. Date

________________________________________Authorized Signature

5. Make a copy of this completed form for yourrecords.

6. Correct answers and a CLE certificate will bemailed to you within 2 weeks. If you haveany questions, please contact our office at(818) 227-0490, ext. 105.

Name______________________________________Law Firm/Organization___________________________________________________________________Address____________________________________City________________________________________State/Zip____________________________________Email_______________________________________Phone______________________________________State Bar No.________________________________

ANSWERS:Mark your answers by checking the appropriatebox. Each question only has one answer.

1. ❐ True ❐ False




















MCLE Test No. 5 This self-study activity has been approved for Minimum Continuing Legal Education(MCLE) credit by the San Fernando Valley Bar Association (SFVBA) in the amount of 1hour. SFVBA certifies that this activity conforms to the standards for approvededucation activities prescribed by the rules and regulations of the State Bar ofCalifornia governing minimum continuing legal education.


OTING IN THE 2008 General Election on November 4is an opportunity for Americans

to perform one of the most importantand essential services to publicgood. When voters take the timeto complete an election ballot,they become apart of makinghistory in America.

Every U.S. citizen has thepower to influence the outcomeand future of the country,individual states, and localcommunities. Americans have theright and obligation to have a voiceheard through the election process. Asan active and contributing force in thecommunity, it is essential to make an informed decision aboutthe candidates and voice that opinionat the polls.

Californians not only have thefreedom to vote on the national level,but also there are 12 ballot measures toconsider. Each measure will have a

dramatic imprint on the state. Now is the time to become educatedabout the issues, get to know the localcandidates and what they stand for, and develop an understanding of what each proposition means toCalifornia's future.

The Santa Clarita Valley BarAssociation is also in the midst of itselection for board members. All of thecandidates have each contributed

substantially to the growth of theassociation. They have given ofthemselves to make each eventmemorable and a benefit to themembership, the community,and the legal profession. To meetand greet the newly electedboard members, please reserve a space to attend the SCVBAinstallation dinner at 6:00 p.m.

on November 20, 2008 at theTournament Players Club in Valencia.

The SCVBA would like to urgeeach and every person reading thisarticle to get involved – take the first and easiest step in public service – vote!

Everyone's Vote Counts

Santa Clarita Valley Bar Association

TTAAMMIIKKOO BB..

HHEERRRROONN,, EESSQQ..

SCVBA President

VV“Always vote for principle and you

may cherish the sweetest reflection

that your vote is never lost.”

~ John Quincy Adams, 6th U.S. President


SFVBA SponsorsTelevised Forum onProposition 8Board Urges Members to SupportFull Recognition of Civil Rights for All Citizens

N ITS EXPANDING EFFORT TObring timely educational programs tothe community as well as members,

the SFVBA and its Attorney ReferralService sponsored a forum on October10, 2008 on Proposition 8, televised byTime Warner for multiple broadcasts onits public access channel.

Proposition 8 is an initiative on theNovember 4th California ballot entitled“Eliminates Right of Same-Sex Couplesto Marry Act.” If the proposition passes,the California Constitution will bechanged to eliminate the right of same-sex couples to marry.

Myer Sankary, mediator and formertrustee, served as the moderator of theone-hour program. Sankary asked directand thought-provoking questions of thefour participants, who included from Yeson 8, Kevin Hamilton and WayneBaldwin, Esq.; while Aaron Bloom, Esq.,from LoveHonorCherish and Ryan Knollfrom Republicans Against 8 spoke inopposition of the highly contestedproposition.

The forum is available for viewingon the SFVBA’s website, and portionscan be viewed on YouTube. MembersWendy E. Hartmann, Carol L. Newmanand Jenny Burcio participated inproducing this forum, along with Barand ARS staff Michele Morley, RosieSoto, Liz Post and Linda Temkin, withspecial thanks to Meyer Bendavid forproducing the program.

Earlier that week, the SFVBA Boardof Trustees unanimously voted at itsannual Board Retreat on October 5 toadopt a resolution “urging all membersof the San Fernando Valley BarAssociation, within their owncommunities, to actively support the fullrealization and exercise of civil rights byall citizens without regard for age,ancestry, color, religious creed, disability,marital status, national origin, race,religion, sex or sexual orientation.” Thevote came after Board deliberation onthe appropriateness of taking a positionon Prop 8; the Board voted againsttaking a position on the initiative.

II


T THE BAR AND FOUNDATION'S INSTALLATIONGala on September 20, 2008 held at the Woodland HillsHilton, the new Bar and Foundation leadership was

sworn in by Judge Alice Hill. As always, gracious speeches weregiven by the outgoing Bar President Sue Bendavid and incomingBar President Tamila Jensen.

This year, there will be greater cooperation between the Barand the Foundation. That cooperation started when theFoundation’s Executive Committee attended the Bar’s AnnualBoard of Trustees Dinner on October 4; the following day, theVCLF President served as the Foundation’s representative at the Board Retreat.

Another, very important symbol of closer cooperation is thatthe Bar and the Attorney Referral Service are strongly supportingthe Foundation’s efforts to build a Children’s Waiting Room atthe San Fernando courthouse. The Foundation has so far raisedapproximately $25,000 toward such construction (and hopes toraise more); the Bar and ARS have agreed to supplement thosefunds up to $30,000 to help ensure that the CWR gets built.With the opening of the Van Nuys CWR in October, the SanFernando CWR when built will mark the second courthousechildren-friendly Valley facility.

The Bar and the Foundation will hopefully further supporteach other’s events. The next Law Day Gala, the Foundation’spremiere event, is tentatively scheduled for the evening of May16, 2009 (please plan accordingly). In the past, the entire Baroffice staff has pitched in to provide logistical support for thisevent. The Foundation is grateful to know that the SFVBA staffand volunteers intend to continue this support for the upcoming Gala.

Please be sure to mention to your non-lawyer friends that itis not necessary to be an attorney in order to participate in theFoundation. Many key volunteers for June’s Gala were non-attorneys who, nevertheless, valued the charitable work of theFoundation and wanted to help further that work. Interestedvolunteers should contact Stephen Holzer at (818) 907-3299 [email protected].

Bar-FoundationCooperation

SSTTEEPPHHEENN TT..

HHOOLLZZEERR

VCLF President

Valley CommunityLegal Foundation RICHARD F. SPERLING, ESQ.

• Complex, contested, and collaborative family law matters

• Mediations

• Member, Los Angeles Collaborative Family Law Association

International Academy of Collaborative Professionals

• Professor of Law:

Southern California Institute of Law

California State University, Northridge

Sperling & Associates 5743 Corsa Avenue, Suite 116Westlake Village, CA 91362(818) 991-0345 • [email protected]

AA

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ATTORNEY TO ATTORNEY REFERRALS

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ARBITRATOR/MEDIATOR SERVICESEdward J. Howell (818) 906-1976. Sherman OaksAttorney, 30 years experience in civil litigation,LASC/LACBA Certified. Available on short notice,your office or mine. Reasonable fees.

EMPLOYMENT LITIGATIONSexual Harassment Discrimination, WrongfulTermination, QuiTam/ Whistleblower, OvertimeViolations, etc. 25% Referral Fee paid to attorneysper State Bar Rules. Law Offices of Jill B. Shigut(818) 992-2930.

PERSONAL INJURY/WRONGFULTERMINATION

25-30% Referral Fee paid to attorneys on allpersonal injury, products liability, wrongfultermination, sexual harassment, overtime violationsand discrimination. Firm (Flaig, Mirroknian &Gordon LLP) has over 25 years combinedexperience. Contact Donald W. Flaig, Esq. (818)255-0800 or [email protected].

STATE BAR CERT. WORKERS COMPSPECIALIST

Over 30 years experience-quality practice. 20%Referral fee paid to attorneys per State Bar rules.Goodchild & Duffy, PLC. (818) 380-1600.

EMPLOYMENT LAWYERS GROUPTerminations • Sexual Harassment • DisabilityPregnancy • Medical Conditions • Unpaid Wages & Commissions • Referral Fees Paid per State Bar Rules • 15 Years in Sherman Oaksdoing Labor Law; near 100% Success Rate •Contact Karl Gerber (818) 783-7300.

EXPERT

STATE BAR DEFENSE & PREVENTATIVE LAWFormer: State Bar Prosecutor; Judge Pro Tem.LegalMalpractice Expert, Bd. Certified CA & ABA. BS,MBA, JD, CAOC, ASCDC, A.V. (818) 986-9890Fmr. Chair SFBA Ethics, Litigation. PhillipFeldman. [email protected].

SPACE AVAILABLEVAN NUYS

Ground floor – 1,570 to 4,745 sq. ft. available. 2blocks from the Civic Center. New stone entry,carpet and paint. Law library, conference roomincluded. (818) 756-2000.

VENTURA COUNTY – OXNARDOffice space available – Make the move into VenturaCounty – Prime space in Morgan Stanley “Tower” –11th Floor. Multiple offices – Short or long term,full amenities available. Contact DK at (805) 988-4848.

WESTLAKE VILLAGELaw offices for sublease. Individual attorneyoffices, secretarial bays available in our WestlakeVillage real estate law firm. Conference rooms,reception included. Phone, copy, fax avail. Contact(818) 865-2200 or [email protected].

WOODLAND HILLSShare office space at 20700 Ventura Blvd., Ste. 220. $1,000/mo. Window offices available.Secretarial bay. Available immediately. Call (818) 992-6588.

Corner window office 18'x18' with adjoining14'x14' secretarial area and one 11'x14' windowoffice available in terrific penthouse suite on VenturaBlvd. Great views. Receptionist, library, kitchen andconference rooms. Call Jim (818) 716-7200 x. 141.

Beautiful view office overlooking Warner Center.Available 11/1/08. $1250 includes parking, libraryand fully furnished office. Month to month okay.Call Diana (818) 348-5340.

SUPPORT SERVICES

NOTARY OF THE VALLEYTraveling Notary Public. 24 hours-7 Days.Attorneys’ Office • Clients’ Office • Homes Hospitals• Jails. David Kaplan (818) 902-3853 SFVBA Assoc.Mbr. www.notaryofthevalley.com.

HELP WANTED

LEGAL SECRETARYWanted: Part time experienced legal secretary, withexcellent client, technology and organizational skills,for solo litigation and mediation attorney. Please callSean Judge (818) 610-8799.

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HAS YOUR CLIENT BEENBURNED BY A STOCKBROKER?

SECURITIES LAWClaims Against StockbrokersStock Market Losses Caused by:

Excessive Trading in AccountUnsuitable Investments

Misrepresentation Variable Annuities

LAW OFFICES OF JONATHAN W. EVANS &

ASSOCIATES33 Years in practice

Arbitrator for Superior and Municipal Court

NO RECOVERY – NO FEEFREE INITIAL CONSULTATION

Call today for an appointment(818) 982-1881 • (800) 699-1881

(213) 626-1881www.stocklaw.com

12711 Ventura Blvd., Suite 440Studio City, CA 91604


Calendar

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A Special Evening with

Israeli Family Court Judge Paul Stark

Monday

December 1, 2008

5:30 p.m Reception 6:00 p.m. Dinner

and Program

Sportsmen's Lodge12833 Ventura Blvd.

Studio City

Earn 1.5 Hours MCLECredit!

Co-Sponsored by

LACBAand

SouthwesternUniversity School

of Law

Litigation Section

Civil Appeals for LitigatorsWho Don't Generally Do AppealsNOVEMBER 136:00 P.M.SFVBA CONFERENCE ROOMWOODLAND HILLS

Attorney Mark Gottlieb of Wasserman, Comden& Casselman will present an overview of civilappellate procedures in state court. The informationwill familiarize civil litigators with the basic elementsof the appeal process so that they better understandthe process for themselves and give better advice totheir clients as to the pros and cons of prosecuting ordefending an appeal. The presentation will alsoinclude some basic tips for trial attorneys in case anappeal is filed. The seminar is designed for trialattorneys who have little or no familiarity withhandling appeals. An outline will also be provided.

MEMBERS NON-MEMBERS$35 prepaid $45 prepaid$45 at the door $55 at the door1 MCLE HOUR

Intellectual Property, Entertainment andInternet Law Section

Valuation of IntellectualProperty for DamagesCalculationsNOVEMBER 612:00 NOONSFVBA CONFERENCE ROOMWOODLAND HILLS

Attorney John Stephens will discuss how todetermine and calculate damages regardingIntellectual Property.


Probate & Estate Planning Section

Financial GerontologyNOVEMBER 12 (WEDNESDAY DUE TOVETERAN'S DAY HOLIDAY)12:00 NOONMONTEREY AT ENCINO RESTAURANTENCINO

Noted psychologist Dr. Neal Cutler, ExecutiveDirector of the Center on Aging, Motion Picture &Television Fund and Dean of the American Instituteof Financial Gerontology, will outline this importanttopic and discuss the relevancy to attorneys.


Workers' Compensation SectionE.A.M.S: Update from the JudgesJudge Davidson Guerra and Judge Frank will discuss E.A.M.S and give attendees an update on how the system is working and what you need to know in order to stay current.

NOVEMBER 1912:00 NOONMONTEREY AT ENCINO RESTAURANTENCINO


Business Law, Real Property &Bankruptcy SectionLease Rights and LeaseRenewalsNOVEMBER 1812:00 NOONSFVBA CONFERENCE ROOMWOODLAND HILLSIn a struggling economy, commercial landlords andtenants are often forced to think "outside of the box"when negotiating or renegotiating leases. AttorneyDavid Adelman of Greenberg & Bass will focus onsome of the different and often creative approachesnow being taken by these landlords and tenants to help maximize the performance of their real estateassets. This program is important to any attorneynegotiating his or her office lease or those of theirclients.


Santa Clarita Valley Bar AssociationInstallation & AwardEveningNOVEMBER 206:00 P.M.TOURNAMENT PLAYERS CLUBSTEVENSON RANCH

Join us for great food, wine tasting and live entertain-ment as we install our new Officers and Board andhonor some deserving members and friends. RSVP at www.scvbar.org or call (661) 287-3260.

TICKETS $80 PER PERSON

Family Law SectionAn Evening with IsraeliFamily Court Judge PaulStarkDECEMBER 15:30 P.M.SPORTSMEN'S LODGESTUDIO CITYThis special event co-sponsored with Los AngelesCounty Bar Association Family Law Section willfeature a discussion with noted Israeli Family Court Judge Paul Stark. What are the contrasts andsimilarities between our two court systems? Membersof Beverly Hills Bar Association and SouthwesternUniversity School of Law are also expected to be onhand for this lively and entertaining discussion.

MEMBERS NON-MEMBERS$55 prepaid $65 prepaid$65 at the door $75 at the door1.5 MCLE HOURS


Is your Option at Market?What’s Market?For answers to these and other tenant questions, call us today. You’ll like the answers we have.

818.757.1164 www.tenantadvisory.com

Consultations Relocations of Office Facilities Acquisitions of Office Properties

Dispositions of Office Properties Subleasing of Excess Office Space

Renewals of Leases at Existing Facilities Representation for the Exercising of Options

Representation for Expansions at Existing Facilities Lease Restructuring

Tenant Representation & Advisory Real Estate Services

Stay Right Where You Are!

Stay Right Where You Are!

Phone: (818)995-1040

Fax: (818)995-4124

15303 Ventura Boulevard, Suite 1040

Sherman Oaks, CA 91403

E-mail: [email protected]

Visit us @ www.KETW.COM

Litigation Support • Expert Witness

Forensic Accountants • Family Law Matters

Business Valuations • Loss of Earnings • Damages

OFFICIAL SPONSORS OF THE

SAN FERNANDO VALLEY BAR ASSOCIATION

Member SEC Practice Section

American Institute of Certified Public Accountants

When you need more than just numbers...you can count on us...

Call Mike Krycler or Ken Walheim

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