Court-Connected Sticky Settlement Civil Mediations Agreements · 2017-03-23 · civil litigation...

Los Angeles SuperiorCourt-Connected Civil Mediations

Installation ofSFVBA Officers

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SEPTEMBER 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

2 Valley Lawyer ■ SEPTEMBER 2008 www.sfvba.org

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www.sfvba.org SEPTEMBER 2008 ■ Valley Lawyer 3

FEATURES

16 Installation of SFVBA Officers BY ANGELA M. HUTCHINSON

18 Los Angeles Superior Court-Connected Civil Mediations BY DAVID I. KARP

20 Sticky Settlement Agreements BY STEVEN G. MEHTA

PLUS: Earn MCLE Credit. MCLE Test No. 3 on page 23.

Contents

5 President’s MessageA Year in Review BY SUE BENDAVID

6 From the EditorUpdating SFVBA Members after Summer Vacation BY ANGELA M. HUTCHINSON

9 Public ServiceCelebrating 60 YearsBY ROSIE SOTO

10 Announcements

12 Court News

14 Member BenefitsFastcase Search Tips: Batch Printing

17 Above the LawPrince CharmingLitigation Cartoon IllustrationBY MARC R. JACOBS

19 Columbus Day Golf TournamentAfter 25 Years, It’s Back!BY LINDA TEMKIN

25 New Members

26 SFVBA Staff ProfileBY JENNIFER JIMENEZ

27 Valley CommunityLegal Foundation New Opportunities in the 2008-2009 Fiscal YearBY STEPHEN T. HOLZER

28 Classifieds

30 Event Calendar SFVBA 2008 Installation GalaPLUS: 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 . . . . . . . . . . . . . . . . . . . . . .Sue BendavidPresident-Elect . . . . . . . . . . . . . . . . .Tamila JensenSecretary . . . . . . . . . . . . . . . . . . . . . .Robert FlaggTreasurer . . . . . . . . . . . . . . . . . . . . . .Seymour I. AmsterPast President . . . . . . . . . . . . . . . . . .Patricia McCabeExecutive Director . . . . . . . . . . . . . . .Elizabeth Post

TRUSTEES

Chancela Al-Mansour Leonard J. ComdenMatt Crowley Ronald GoldAdam D.H. Grant David GurnickWendy Hartmann Tamiko HerronSteven G. Mehta Everett MeinersSanford L. Michelman Vahid NaziriCaryn Brottman Sanders Jan Frankel SchauAlan J. Sedley

STAFF

Director of Public Services . . . . . . . . .Rosita SotoReferral Coordinator . . . . . . . . . . . . .Gayle LindeReferral Coordinator . . . . . . . . . . . . .Lucia SendaReferral Coordinator . . . . . . . . . . . . .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. FoxCriminal Law . . . . . . . . . . . . . . . . . . .Seymour Amster . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Louisa Pensanti

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

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

Litigation . . . . . . . . . . . . . . . . . . . . . .David GurnickNew Lawyers . . . . . . . . . . . . . . . . . .Vahid NaziriProbate & Estate Planning . . . . . . . . .Wendy Hartmann . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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

18

20On the Cover: 2008-2009 Executive Committee. (Left toRight) Robert Flagg, Seymour Amster, Alan Sedley, TamilaJensen and Sue Bendavid. Photograph by Paul Lester.

SETTLEMENT AGREEMENT


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A Year in ReviewSUE BENDAVID

SFVBA President

President’s Message

HIS IS MY LAST PRESIDENT’S Message. As I sit back and reviewthis past year, I am in awe over

how much our Bar Associationaccomplished and how busy it has beenover the past 12 months. OurCommittees and Sections have beenextremely active. Our Membership &Marketing Committee planned severalwell-attended networking events, fromthe softball game at the Van Nuys-Sherman Oaks Park, to the cocktail partyat Gordon Biersch in Burbank.

Our Diversity Committee reachedout to elementary schools and put onLaw Day plays for hundreds of children,who enjoyed watching us pretend to beSnow White and the Wicked Queen. OurDiversity Committee also created the newLaw & Government Explorer Post forhigh school students interested in legalcareers. The Bar’s Committees continueto plan future events we can all lookforward to attending.

The Bar’s Section meetings have alsobeen very successful. The Sectionsattracted hundreds of attendees atmonthly MCLE events. We receivednothing but positive feedback aboutspeakers and the events in general. Wealso received positive feedback about ournew on-line library and the FeeArbitration program, which is growing.

Many of us fondly remember Judges’Night and the Foundation’s Gala whichwere not only fun, but also helpedmembers foster closer relations withmembers of the Bench, as well as supportcharitable causes through fundraisingefforts. We also continued our Bench-Baractivities by having monthly meetingsand are partnering with Bench officers toimprove jury service and to do what wecan to alleviate symptoms caused by theCourt’s financial crisis.

Thankfully, we have many events tolook forward to in the coming months.Our Golf Tournament is scheduled to

take place October 13, 2008 at BraemarCountry Club. And, our Membership &Marketing Committee has planned evenmore networking events with businessprofessionals. So stay tuned!

The list of our Bar’s accomplishmentsgoes on and includes our AttorneyReferral Service, the Conference ofDelegates, our public service activitieslike the Senior Centers, and our partner-ship with the Foundation, headed up thisyear by Marcia Kraft.

I’m grateful I was given the opportu-nity to take part in these activities and thatI can continue to participate. I’m also appre-ciative of the hard work from Bar leaders,committee chairs and staff members whohelped make all this possible.

Please accept this final note as amessage of sincere gratitude to all of you,the members of our Bar Association, whonot only support this organization, butalso gave me the opportunity to serve asPresident this past year. Thank you.


T


I truly hope you had a restfulsummer. Rest is something my husbandArthur and I were delightfully deprivedof due to the arrival of our first child. At12:54 p.m. on Tuesday, June 17, 2008Alexander Paul Hutchinson was born at8 pounds, 6 ounces and 21.5 incheslong. Excited to join the SFVBA family,Baby Alexander sends a curious hello toyou in the adjacent photo. As I embarkon this journey of motherhood, I amreminded of the kind support extendedto me from the SFVBA throughout mypregnancy...thank you again.

Also, I appreciate the positive andinsightful feedback regarding the newValley Lawyer. Please continue to sendcomments and article ideas. This month’s

issue includes commentary on severallegal topics with a focus on SFVBA’s Yearin Review, which includes the Installationof New Officers. On behalf of the Bar’sstaff, congrats is extended to the newlyelected Board and sincere gratitude to thepast leadership.

Although not quite a year for me,working for the San Fernando Valley BarAssociation has been awesome. I havehad the privilege to interact with greatmembers, community leaders,consultants and co-workers. In additionto my duties as Editor of Valley Lawyer, Iwas also administering the MandatoryFee Arbitration (MFA) program as thePrograms Assistant for the Bar. Now thatour new Member Services Coordinatorhas been assigned to oversee the MFA

program, I have been promoted toCommunications Manager.

Recently, Liz and I met to discussoverall communication goals for theSFVBA. As you may recall, Valley Lawyeris just the beginning phase of ourinnovative efforts to enhance the value of SFVBA membership. In the comingmonths, you can expect to receive amonthly electronic newsletter, which will be titled Bar Notes in honor of ourold newsletter.

As Editor of Valley Lawyer andCommunications Manager for theSFVBA, I genuinely look forward tocreating and collaborating on media-related projects that will not only helpBar members stay connected to oneanother, but also engage the Valleycommunity.

Have a productive month!

Angela M. Hutchinson

From the Editor

For questions, comments or candid feedback regarding Valley Lawyer,please contact Angela at (818) 227-0490 ext. 109 or via email at [email protected].

ANGELA M.

HUTCHINSON

Editor

Greetings members!

Baby Alexander

10 lbs. at 2 weeks old


Business Law

Celebrating 60 Years

Public ServiceROSIE SOTO

Director of

Public Services

N 1948 THE SAN FERNANDO VALLEY BAR Association’s leadership established the Lawyer ReferenceService, now known as the Attorney Referral Service. Sixty

years later, as the fiscal year comes to a close, ARS members andstaff demonstrate their commitment to serving the public andmaintaining the ARS bytheir exemplary workthat continues to expandthe ARS and its success.

With 25 lawyerreferral programscertified by the State Barof California in LosAngeles County andVentura County in 2008,and countless online and local companies attempting to operatereferral programs, the ARS continues to shine. The ARS’ focus isalways to maintain the high regard the service enjoys fromattorney members and the public.

The ARS’ membership continues to grow remarkably. Aslow and steady increase of members is normal for the ARS.What is most remarkable and keeps the ARS buzzing in theValley is the increase of coverage, particularly in certain areas ofthe law, geographical locations and diversity of ARS members.

The ARS has always been committed to finding new waysto help serve the community and to improve the servicesalready provided. Clients who have used the service are askedto take a few moments to complete a survey and comment onthe services received from the ARS representative and thereferred attorney. With a remarkable survey response of 25%,the ARS is able to monitor and maintain a high quality ofservice.

This fiscal year, the ARS sponsored some notablecommunity outreach programs. The Valley Cultural CenterConcerts in the Park sponsorship allowed ARS to promote itsservices to the greater San Fernando Valley at the Annual JulyFourth Fireworks Extravaganza and Malo Concert. The SFVBAand ARS were well represented by its members and staff:Sharley Allen, Michael Cohen, Michael Harrison, John Laurie,Gayle Linde, Michele Morley, Mary Soto, and Jack Glantz,playing with the LA Pierce Symphonic Winds.

As a result of the Bar’s newly adopted diversity statement,came another sponsorship opportunity. The ARS is the officialsponsor of the Law and Government Explorer Post 1926. Thisprogram is underway with an inaugural group of youth whohave interest in law and government. In cooperation withLearning for Life and Lewitt Hackman law firm, the SFVBAcommittee members are committed to provide the participatingyouth with the opportunity to explore the world of law and

government as a career choice by participating in law andgovernment activities. Law and Government Explorer Post 1926will be involved in a variety of programs and projects featuringtraining, skill development, leadership and service.

In addition to supporting diversity, the ARS continues tomaintain programs such asthe Senior Citizen LegalProgram, Modest MeansProgram, Limited ScopeRepresentation in FamilyLaw, Legal Grind, theBankruptcy Self-Helpproject, Speaker Bureau andDaily News “Ask theLawyer” column.

For information on these programs and how to get involved,contact Director of Public Service Rosie Soto, at [email protected] (818) 227-0490 ext. 104.

I

“The San Fernando Valley Bar Association is avoluntary local bar association dedicated tocreating a more inclusive legal profession by

actively developing and participating inprograms designed to improve diversity.”

Left to RightRichard M. Hoefflin • Jason M Burrows • Tamara L. Harper • Steven A. Meadville

of Counsel

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805.497.8605www.hoefflinlaw.com

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• Real Estate• Partnerships/LLC’s• Business and Corporate• Estate Planning

• Executive Employment• Alternate Dispute Resolution• Entertainment• Trademark and Copyright

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Attorneys GeraldGerstenfeld andAlvin Rosenbloomare seeking outSFVBA members andother individualsworking in the legalfield who areaccomplished

musicians and are interested inperforming together.

Gerstenfeld believes “there are somefine musicians who are active and retiredmembers of the Association who mightbe interested in forming a quartet, awind or brass quintet, or if there areenough musicians, a small orchestra.

“The group would give complimen-tary concerts at lunch time in the SFVBAconference room to other members whoenjoy music.”

Gerstenfeld is a classical musicaficionado and Rosenbloom isaccomplished on the french horn andplays with the Los Angeles DoctorsSymphony Orchestra.

Interested members can contactJerry at (818) 990-6190 [email protected] and Al at (818) 379-7010 or [email protected].

Judge DarleneSchempp is retiringfrom Los AngelesSuperior Court after24 years on thebench. There will be adinner honoring heryears of dedication to

the court on the evening of Tuesday,September 23, 2008 at the WoodlandHills Country Club.

The cost to attend is $60; seating islimited. RSVPs are being accepted untilSeptember 16. No walk-ins accepted.

To reserve your seat, call JulieMartin at (818) 374-2670.

The Santa ClaritaValley Bar Associationis proud to present itsFourth Annual LawAppreciation Day onOctober 3, 2008 at the Valencia Hyatt.

Invited Guests include SupervisorMichael Antonovich, District AttorneySteve Cooley, Sheriff Lee Baca andCongressman Buck McKeon.

Law Appreciation Day supportslocal heroes and fosters communicationand teamwork within our variouscommunity, legal and law enforcementareas.

For information on purchasingtickets or sponsorships, visitwww.scvbar.org, email [email protected] or call CarynSanders at (661) 362-0788.

Announcements


Court NewsREFUNDING GRADUATED PROBATEFILING FEESIn Re Estate of Claeyssens (161 CA 4th 465)

1. OPEN CASES: For open cases commenced on or after August 18, 2003, and before January 1, 2008, where an estimated graduated filing fee was paid at the time the initial petition was filed, request for refund of the graduated filing fees in excess of the base filing fee, plus local court add-ons, may be made as follows:

A. The request for refund must be made by the personal representative, unless he/she was appointed on the petition of a subsequent filer. In such cases, the request for refund must be made by the unsuccessful first filer.

B. The appropriate party may present his/her request for refund as follows:1. Submit LASC form “Request for Refund of Graduated

Filing Fees.” Requests for refund will be processed by the Court in the same manner as “drop-off” ex parte petitions.

2. File a separate petition requesting the refund. A filing fee of $40.00 will be charged pursuant to Government Code section 70657(a).

3. Include the request for refund in the petition for final distribution. If a request is made in the petition for final distribution, no additional fee is required, Government Code sections 70657.5(b)(2) and 70658(d)(3).

II. CASES WHERE THE COURT HAS ORDERED FINAL DISTRIBUTION: The party claiming entitlement to a refund must file appropriate petition(s) and or motion(s) as required.

III. ALL PETITIONS/ORDERS FOR REFUNDS OF GRADUATED FILING FEES: A. Petitions requesting refunds of graduated filing fees must

include:1. The date the initial (first) Petition for Probate was filed;2. The name(s) of the initial (first) filer(s) of the Petition for

Probate;3. The name(s) of the personal representative(s), if different

from the petitioner;4. The calculation of amount to be refunded as follows: the

total graduated filing fee paid less the amount of the base filing fee plus local add-ons;

5. Date of payment and the receipt number; and6. The name and address of the persons to whom the refund

should be paid.

B. After the court approves the request, the party must submit LASC form “Request for Refund of Graduated Filing Fees” and attach a copy of the court’s order allowing the refund.

IV. DEFINITIONS: A. OPEN CASE: An open case is one where final distribution

has not been ordered by the court.B. FINAL DISTRIBUTION: Final distribution is ordered by the

court when there is a court minute order approving the petition for final distribution.

C. BASE FEE: The base fee, plus local add-ons, differed based upon the year of filing. The base fees plus local add-ons for each filing year are as follows:

8/17/03 to 12/31/03 $244.501/1/04 to 6/30/04 $271.507/1/04 to 12/31/04 $272.502005 $274.502006 $320.002007 $320.00


■ SFVBA rents its Executive Boardroom for depositions and hearings. Amenitiesinclude breakout room, beverage service, and free 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 rateson 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.

■ Chase Mortgage gives members 1/2 point fee discount on fixed and adjustablerate programs. Call John Bartnicki at (818) 226-0888.

■ 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.

Y POPULAR DEMAND, THEFastcase legal research service has justlaunched a batch printing feature,

which allows you to print multiple cases atonce using Fastcase’s dual-column printingservice. During the beta of this feature, you willbe able to select up to 20 documents at a timeto print – either from your search results page,or as you read through the cases. (Fastcaseplans to increase this number based on users’feedback.)

The service is simple to use, and thosefamiliar with batch processing from other web-based software (such as selecting multiple e-mails for deletion) will recognize many of thesame features on Fastcase. Your service nowincludes a “Print Queue,” where documentswait in line to be printed together. Then, whenyou’re ready to print them, go to the PrintQueue, select print options just like you wouldwhen printing a single document, and hit print.

You can add documents to your PrintQueue from the search results page, simply byclicking the printer icon in the left-handcolumn.

You may also or select Add to My Print Queuewhen reading the full text of any case. To print all your selected documents, simply goto the Print drop down and select View PrintQueue. From there you will be able to print thedocuments in either Adobe PDF, MicrosoftWord or Rich Text Format (which allows mostother office suites to open the document).

Your feedback is essential to how we addnew features to Fastcase, and we look forwardto any comments, questions or suggestions youmay have. Please send them to us via e-mail [email protected].

The San Fernando Valley Bar Association offersFastcase, a comprehensive online law library, asa free service to all SFVBA members. Click onthe Fastcase logo at www.sfvba.org to enjoyunlimited usage, unlimited customer service andunlimited printing, all at no cost.

Fastcase Search Tips:Batch Printing

B

Benefit Profile


HE SAN FERNANDO VALLEYBar Association 2008-2009 Boardof Trustees will be installed by

Los Angeles Superior Court Judge AliceHill at the SFVBA’s Installation Gala onSeptember 20, 2008. Outgoingpresident Sue Bendavid will pass thegavel to Tamila C. Jensen.

Jensen’s cabinet of officers consistsof Robert F. Flagg, President-Elect;Seymour I. Amster, Secretary; and AlanJ. Sedley, Treasurer. Six open trusteeseats will be announced on Election Day,September 10, 2008.

Join the San Fernando Valley BarAssociation and the Valley CommunityLegal Foundation in celebrating thesenew leaders at the Installation Gala onSeptember 20, at the Woodland HillsHilton.

Tamila C. Jensen, President“As president of the San Fernando ValleyBar Association, I will be committed torepresenting the interests of themembership and to be responsive to theirneeds, whether they are solo practitioners,as I am, or in a large firm.”

Born in Sanger, California, Jensenattended University of California at

Berkeley and graduated as class of 1969Magna Cum Laude. She attended theSchool of Law at the University ofCalifornia at Davis, class of 1973. Thatyear, Jensen was admitted to practice lawin California. She has worked as anAssistant Professor for the School ofBusiness at Indiana University and as aVisiting Professor for the School of Law atDebrecen University in Hungary. Jensenis a member of California WomenLawyers, SFVBA, LACBA and GranadaHills Chamber of Commerce. Also,Jensen in the author of several publishedarticles and cases.

Jensen appreciates the services,support and opportunities that theSFVBA brings to attorneys in the Valley.She has been an active member, servingas a Trustee and Officer for eight years,and participating on the Bench-BarCommittee, the Resolution Committee,and the Probate & Estate PlanningSection. Jensen is committed to theSFVBA, to the needs of the attorneymembers, and to the Valley courts andcommunity.

Robert Flagg, President Elect“Join me, and more than 2,000 otherValley lawyers, in becoming even more

engaged with the legal profession, thejudiciary and the whole community of ourValley.”

Flagg received his Juris Doctor degree in1981 from Humphrey’s College of Law inStockton, California. He currentlypractices civil litigation on behalf ofdefendants as a member of Early, Maslach& Van Dueck, in-house counsel forFarmers Insurance. Flagg is admittedbefore the U.S. District Courts, Centraland Eastern Districts of California, theNinth Circuit Court of Appeals and theUnited States Tax Court.

As an active SFVBA member, Flagghas served multiple terms as a Trustee.He participated in the DiversityCommittee’s mock trial day at MauriceSendak Elementary School. Flagg is afirm believer in supporting the Valleycommunity through the financial supportfor students and those in need throughthe Valley Community Legal Foundation.Flagg takes great pride in supporting thevision of the Bar’s founders by providingstrong involvement with the Valley courtsand community.

Installation ofSFVBA Officers

By Angela M. Hutchinson

T2008-2009 Executive Committee (Left to Right) Robert Flagg, Sue Bendavid, Seymour Amster,Tamila Jensen and Alan Sedley. Photograph by Paul Lester.

Seymour I. Amster, Secretary“I am honored to be nominated for the position of Secretary forthis esteemed organization. I will do my utmost to continue thetradition of the great leadership provided by those who servedbefore me. Only by continuing the success of our predecessorscan the future of the Bar be insured.”

Amster graduated Cum Laude from Loyola MarymountUniversity with a BA degree in History. He earned his JD degreein 1982 from Loyola Law School, where he made the Dean’s listfor two years. One of Amster’s proudest accomplishments isearning the title of a Criminal Law Specialist. He strictly focuseson Criminal Defense and has spent his entire life thinking ofways to defend people against criminal charges and to challengeauthority. Amster is on the court appointment list for deathpenalty cases and has handled multiple death penalty cases.

During his service with the Bar, Amster has served asChairman of the Programs Committee, Bench-Bar Committeeand Criminal Law Section. He has held the position of Treasurerand three terms as a Trustee. Amster is a member of the Boardof the Valley Community Legal Foundation and a member ofthe SFVBA’s Diversity Committee.

Alan J. Sedley, Treasurer“I shall tackle the tasks of Treasurer with due diligence and care,helping to ensure the financial accountability of the BarAssociation to its membership.”

Sedley has begun his 27th year of practice. Although in his earlyyears he focused on plaintiff tort law, Sedley has in the past tenyears expanded his practice to emphasize health care law andemployment law. He has been diligently providing legal serviceto the business and health care communities. Sedley representsphysicians, hospitals and medical groups in their transactional,regulatory and operational issues.

Having served multiple terms as a SFVBA Trustee, Sedleychaired the Health Law Section and the Programs Committee,and co-chaired the Business Law, Real Property & BankruptcySection and the Membership & Marketing Committee. Sedleyenjoys teaching law. He recently completed instruction tooncology fellows at St. Johns Hospital through a series oflectures on health law and biomedical ethics. Sedley justcelebrated his 30th wedding anniversary with his wife Debbie;they are the proud parents of three children.

Sue M. Bendavid, Immediate Past President“I am in awe over how much our Bar Association accomplishedand how busy it has been over the past twelve months. I’mappreciative of the hard work from Bar leaders, committee chairsand staff members.”

Bendavid’s remaining year on the Board will bring to an endserving eight years as an officer and trustee of the SFVBA. Shespecializes in employment litigation and counseling. She hasrepresented employers before the U.S. Equal EmploymentOpportunity Commission, the California Department of FairEmployment and Housing, the California EmploymentDevelopment Department, the California Labor Commissionerand the U.S. Department of Labor. Bendavid graduated CumLaude, with honors in Political Science, in 1987 from CaliforniaState University, Northridge and received her Juris Doctordegree from Loyola Law School.


• 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 300

Van Nuys, CA 91401

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

Attorney at Law


HE FOLLOWING SUGGESTIONS have been prepared by the writer,after completion of more than 300

court-connected mediations, to assistattorneys (and their clients) with mattersbefore the Los Angeles Superior Court.

1. Understand the reasons for court-connected mediation. CCP § 1775provides the legislative findings anddeclarations in support of court-annexedmediation. In essence, peaceful,appropriate and cost-effective alternativedispute resolution opportunities are inthe best interests of the courts. CCP §1775 (f).

2. Understand the composition of theParty Pay Panel. According to the LosAngeles Superior Court’s website, “[t]heParty Pay Panel consists of Neutrals whohave achieved a specified level ofexperience in court-connected cases. The parties (collectively) may be charged$150 per hour for the first three (3)hours of hearing time. Thereafter, theparties may be charged for additionalhearing time on an hourly basis at ratesestablished by the mediator if the partiesconsent in writing.”

3. Understand the composition of thePro Bono Panel. The LASC websitestates: “The Pro Bono Panel consists oftrained Neutrals who have not yet gainedthe experience to qualify for the PartyPay Panel and experienced Neutrals whomake themselves available pro bono.”

4. Understand what “Pro Bono”really means. “Pro Bono” meansproviding mediator services without feeor expectation of fee to either “(a)persons who are indigent or of limitedmeans or (b) charitable, religious, civic,community, governmental, andeducational organizations in mattersdesigned primarily to address theeconomic, health, and social needs ofpersons who are indigent or of limitedmeans.” See, Bus. & Prof. Code §6072(d); A.B.A. Model Rules ofProfessional Conduct, Rule 6.1(a)(1),6.1(a)(2).

5. Understand the court’s view ofwhy mediators participate in thecourt’s mediation program. Whethervolunteering on the Pro Bono Panel orproviding discounted services on theParty Pay panel, mediators participateand “donate [or discount] their time tothe courts as a way of supporting thejudicial system,” according to the LASCwebsite.

6. Understand why mediatorssometimes feel abused on the ProBono Panel. From the experiencedmediator’s perspective, the Pro BonoPanel was not designed to manage thelitigation budget of parties or insurerswho are not indigent or of limited means.As to them, paid mediation isappropriate for experienced mediatorswho nevertheless offer their services probono to others.

7. Understand the assignmentprocess of court-connected mediators.Court-connected mediators choose howmany assignments they are willing toaccept from the court per month. Oncethe allocated number of assignments hasbeen made, that mediator is no longeravailable for court-connected mediation.The relevant question, then, is whetherthe court-connected mediator has anyremaining openings with the ADR officethat month. Attorneys that utilize thepanels of court-connected mediatorsshould contact the ADR office first,before contacting the mediator, and seekand obtain an appointment of the soughtmediator if still available. Sometimesattorneys conduct an online randomsearch at the LASC website and thencontact the mediator first to see if he orshe has availability on his or hercalendar. That process side-steps thequestion of whether the court canappoint the matter to the mediatorwhose allotment may have been filledalready. Contacting the mediator directlyfirst is thus incorrect for court-connectedmediation. Many mediators so contactedwill construe the contact as a request forprivate mediation.

8. Help the volunteer mediator toconvene the mediation. Cooperativelywork with opposing counsel to obtaindates and times for the mediation andcommunicate such dates and times to thecourt appointed mediator sooner ratherthan later so that the mediator canmanage his or her calendar, particularly

T

Los Angeles Superior Court-Connected Civil Mediations10 Suggestions: An Unofficial Guide

By David I. Karp, Attorney/Mediator


in light of competing demands, desiresand commitments for private mediationor other things. Realize also that avolunteer mediator will often seek tominimize the cost of volunteering.Asking the volunteer mediator to travelunnecessarily and/or pay for parking maycause unwelcome out of pocket costswhich sometimes undermine the spirit ofvolunteerism.

9. Provide briefs if requested andinterpreters if appropriate. A welldrawn mediation brief in the formrequested by the mediator reciprocatesfor the investment the mediator ismaking in the process, and an interpreterfor simultaneous translation shows themediator respect for the importance ofwell understood nuancedcommunication at the mediation table.Both will help the process immensely.

10. Use the volunteer mediator’stime wisely. Most cases are not orderedto mediation; they are referred eitherbecause the amount in controversyexceeds $50,000 and the court does nothave jurisdiction to order it (CCP§1775.5) or because the court getsfunding for every voluntary submissionto court-connected mediation. If, forinstance, the parties are absolutelyintransigent and “will never settle,” (or atleast will not settle at a court-connectedmediation), discuss this with themediator and see if the process cantweaked or the mediation postponed oravoided. But do not wait until the lastminute to cancel the mediation orcontinue it to another time, or there maybe no court-connected mediation at all:“If the litigants request a continuancewithin 2 days of the ADR hearing, theneutral has no obligation toaccommodate the request for acontinuance and the ADR office will notappoint another neutral.” ([LASC] Policyfor Continuance of court ADR Hearingdated August 7, 2003.)

David I. Karpis a full timeprofessionalmediator of real estate andbusiness disputeswith offices in Van Nuys. He can be reached at [email protected] or at (818) 781-1458.

t has been almost 25 years since the Bar Association presented a golf tournament and it is finally back – bigger and better than ever! Please mark your calendars for this special event, Columbus Day, October 13, 2008. The tournament will be held at the

beautiful Braemar Country Club in Tarzana, one of the premier golf courses in the country.Don’t play golf? Not a problem. Come spend a day relaxing around the pool and

join us for the lunch and dinner festivities.Columbus Day is a court holiday and we expect some of our prestigious judges to

be joining us on the course.

Sponsorship opportunities are plentiful. Galvin Ford has already generously donated a car for the lucky Hole In One winner.

Proceeds will benefit the good works and public service programs of the SFVBA. Please join SFVBA for this special event, participants will not only be supporting the Bar, but also treating oneself to a memorable and exciting day at this exceptional countryclub. Those who do not have partners will be paired. SFVBA member participation isgreatly appreciated. And be sure to invite colleagues and friends!

For further information, please call Linda at (818) 227-0490 ext. 105.

by Linda Temkin, Events Director

SFVBA Columbus DayGolf TournamentSFVBA Columbus DayGolf Tournament

After 25 Years, It’s Back!

• Special golfer’s player packages are available.

• Package includes green fees, cart, exceptional tee gifts,

beverages, lunch and awards dinner.

• Sitting judges’ golfer’s package will be $150.

• Non-player fee for a day at the club, including both

lunch and dinner will be $75.

I


STICKY SETTLMENT AGREEMENTS

HE SPECIFIC TERMS OF settlement agreements are oftenoverlooked by attorneys.

Unfortunately, for many, thoseoverlooked terms could be the ticket to apotential malpractice suit if thesettlement falls apart. Making sure thatthe settlement sticks is just as importantas making sure that the settlementoccurs.

The Pitfalls of Settlement AgreementsThe first thing to understand aboutsettlement agreements is that they are,just like any other contract, subject tothe law of contracts. In addition,regardless of whether the settlementagreement is oral or in writing, a courtwill not enforce a settlement agreementprovision that is illegal, contrary topublic policy, or unjust. As such, allsettlement documents must beinterpreted in the same manner as anyother contract would be interpreted. Inthat regard, contrary to popular belief, asettlement agreement does not need to bein writing in order to be enforceable. Anoral settlement agreement entered into bythe parties can be enforceable, so long asit does not violate the statute of frauds.

This oral agreement would beinterpreted just like any other contract.The problem, however, is that theagreement would not be enforceableunder summary and expeditedprocedures under Code of CivilProcedure section 664.6.

Since most parties prefer to enforcethe terms of the settlement pursuant tosection 664.6, it is important to addresswhat is necessary to ensure a settlementagreement is enforceable under thatprovision. Code of Civil Proceduresection 664.6 provides that “If parties topending litigation stipulate, in a writingsigned by the parties outside thepresence of the court or orally before thecourt, for settlement of the case” they cansummarily seek to enter a judgment onthe terms of the settlement.

To begin with, in order to have anenforceable agreement pursuant to Codeof Civil Procedure section 664.6, thematerial terms of the settlement must beexplicitly defined. A settlementagreement, like any other contract, isunenforceable if the parties fail to agreeon a material term or if a material term isnot reasonably certain. However, the factthat the parties leave unresolved termsfor future agreement is not invariablyfatal, since a settlement may beenforceable if the parties agree theremaining issues will be decided byarbitration. However, where the partiesleft the terms of the payment in dispute,and agreed to a vague term of “bindingmediation” as it related to the terms ofpayment, the courts have held that thestipulation for settlement wasunenforceable because a material termwas unclear.

In order to qualify under Code ofCivil Procedure section 664.6, the oralagreement must also be verbal and a nodof a head by a party is insufficient to

qualify as an enforceable oral agreementunder Code of Civil Procedures section664.6. Additionally, as noted above, an“oral agreement” must be placed on therecord before the court. That is to say itis not sufficient to have the oralagreement placed before a court reporterat deposition. The oral agreement by theparties must be placed on the recordduring a judicially supervised hearing.

An agreement entered into before anarbitrator satisfies the requirement ofbeing a judicially supervised hearing.The same also holds true for a temporaryor private judge. As to judiciallyappointed referees, the issue of whetheror not the stipulation is enforceabledepends on the type of refereeappointment. If the referee is appointedunder Code of Civil Procedure section638 (a), then an oral stipulation on therecord in front of such referee would beenforceable under Code of CivilProcedure section 664.6. However, if thereferee is appointed under Code of CivilProcedure section 638 (b), and is notgiven the ability to make a finaldetermination, then an oral stipulationon the record in front of such refereewould not be enforceable under Code ofCivil Procedure section 664.6.

Finally, for oral agreements beforethe court, the supervising judicial officermust have questioned the partiesregarding their understanding of thematerial terms, and the parties mustexpressly acknowledge theirunderstanding of and agreement to bebound by those terms.

T

SETTLEMENT AGREEMENT

MCLE ARTICLE AND SELF-ASSESSMENT TESTBy 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.

By Steven G. Mehta


Oral Agreements with ExecutedTerms in WritingOn some occasions, the parties enter intoan oral agreement before the court andindicate that they will also execute theterms in writing. Once the parties haveorally agreed to the terms, a party maynot escape its obligations by refusing tosign a written agreement that conforms tothe oral terms. The oral settlement, likeany agreement, imposes upon each partya duty of good faith and fair dealing in itsperformance and its enforcement.

In order to meet the requirements ofsummary enforcement, an out of courtwritten settlement agreement must alsobe signed by the parties themselves andnot just their attorneys. In addition, all ofthe parties to the settlement agreementmust sign the agreement and not just theparty against whom enforcement issought. When, however, the defendant isinsured under a policy that allows theinsurance company to settle without thedefendant's consent, the defendant'ssignature is not necessary.

Nevertheless, it is still important tohave the insurance companyrepresentative's signature. The reason forthis is the rationale as stated in Levy v.Superior Court: Namely, the party that isbeing bound by the settlement agreementmust be the one that signed thedocument. Therefore, since the insurancecompany is the one being bound by thesettlement agreement, the adjustor’ssignature or the insurance company’srepresentative’s signature would benecessary.

Many settlement agreements will alsoprovide that the action will be dismissedwith prejudice. It is important to notethat for purposes of summaryenforcement pursuant to Code of CivilProcedure section 664.6, such dismissalmay cause problems with the court’sability to retain subject matterjurisdiction.

Once a party has dismissed its action,the dismissal terminates the action. A superior court thereafter has no subjectmatter jurisdiction to grant relief underCode of Civil Procedure section 664.6other than awarding costs and fees asappropriate. Even if the parties insertlanguage in the settlement agreement thatpurports to confer jurisdiction on thecourt, such language is a nullity sincesubject matter jurisdiction is notsomething that can be conferred bystipulation or agreement of the parties.As such, a motion to enforce a settlement

pursuant to Code of civil proceduresection 664.6 is not allowed when theparties have dismissed the lawsuit.

One alternative that may be availableto the parties if the action is dismissed isto first seek a motion to set aside thedismissal pursuant to Code of CivilProcedure section 473, and then seek toenforce under Code of Civil Proceduresection 664.6. Another option would beto make sure that the case has not beendismissed until all of the terms of theagreement are met.

It is also important to note that thecourts have not decided whether Code ofCivil Procedure 664.6 applies tosettlements that become effective duringthe pendency of an appeal. Under thatcircumstance, the courts have indicatedthat if a case is settled while an appeal ispending, the judgment which is the basisof the appeal is vacated, and thesettlement agreement supersedes thejudgment. Any dispute regarding thesettlement agreement must be enforcedby means, as noted below, outside ofCode of Civil Procedure section 664.6.

While Cal. Civ. Proc. Code § 664.6 isnot the exclusive means of enforcing asettlement agreement, it is the preferredmeans to enforce a settlement once theforegoing prerequisites are satisfied. Evenwhen the summary procedures of § 664.6are not available, a settlement agreementmight be enforceable by summaryjudgment, a suit for breach of contract, asuit in equity or it may be raised as anaffirmative defense.

The fact that many cases are beingsettled at mediation also complicates theissue of whether not a settlementagreement is enforceable. The reason forthis complication is the issue ofconfidentiality which is integral to themediation process and the documentsassociated with it. Indeed, theconfidentiality aspect of the mediationprocess can create a major obstacle toenforcing the settlement agreementbecause the settlement agreement maynot be admissible to prove the settlement.Evidence code section 1119 expresslyprovides that subject to exceptions "allcommunications, negotiations orsettlement discussions by and betweenparticipants in the course of themediation or mediation consultation shallremain confidential." Often, thisEvidence Code prohibition is called the"mediation privilege."

However, evidence code section1123 provides exceptions to the

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confidentiality of mediation. A writtensettlement agreement prepared in thecourse of, during, or pursuant tomediation is not made inadmissible if theagreement is signed by the settling partiesand any of the following conditions aresatisfied: (1) The agreement provides thatit is admissible or subject to disclosure orwords to that effect; (2) the agreementprovides that it is enforceable or bindingor words to that effect; (3) all parties tothe agreement expressly agree in writingor orally in accordance with evidencecode section 1118 to the disclosure of thesettlement agreement; or (4) that theagreement is used to show fraud, duressor illegality that is relevant to the issue indispute.

Additionally, oral agreements arisingfrom mediation are also admissible undercertain conditions. The followingconditions must be met in order to havean enforceable oral agreement inmediation: First, the oral agreement hasto be recorded by a court reporter, taperecorder, or other reliable means of soundrecording; second, the terms of the oralagreement must be recited on the recordin the presence of the parties and themediator, and the parties must express onthe record that they agree to the termsrecited; third, the parties to the oralagreement must expressly state on therecord that the agreement is enforceableor binding or words to that effect; andfinally, the recording must be reduced towriting and the writing must be signed bythe parties within 72 hours after it isrecorded. If, however, the oral agreementdoes not meet all the requirements ofevidence code section 1118, it can still beadmissible and subject to disclosure if ithas been recorded, the parties have statedtheir agreement on the record, theagreement is reduced to writing within 72hours and the parties expressly agree inanother writing or oral agreement inaccordance with evidence code section1118 to disclosure of the agreement.

Other Relevant Issues for MediationSettlement AgreementsFirst, where the parties have signed twodifferent versions of the document andcounterparts, the courts have held thatthe contract was uncertain because theparties could not agree upon which termof payment was the appropriate term.

Additionally, the issue of who isauthorized to waive the confidentiality of

the mediation privilege is a proceduralone. Thus, signature by counsel waivingthe mediation privilege is enough tocomply with the requirement of Code ofCivil Procedure section 1123 for theadmissibility of a mediation agreement.The case of Stewart v. Preston Pipeline,Inc. illustrates the subtle differencebetween enforcing a settlement underCode of Civil Procedure 664.6 versusenforcement under other procedures.

The plaintiff, in that case, was aninjured motorist who attended amediation. The plaintiff ultimately signeda settlement agreement that indicated thatthe agreement was intended to be anenforceable settlement agreement.However, the defendant did not sign thesettlement agreement and instead it wassigned by defense counsel only.Thereafter, the defendant sought toenforce the settlement by way of a motionfor summary judgment.

Plaintiff contended that theagreement was not admissible becauseneither the defendant nor the insurer, as“settling parties,” had signed thesettlement agreement. The plaintiff’sargument was based on the fact that theparties are required to sign the settlementagreement in order to be enforceableunder Code of Civil Procedure section664.6. The court held that therequirement of Evidence Code section1123 that the written settlementagreement be “signed by the settlingparties” does not require that a waiver ofmediation confidentiality “be signed byeach of the parties’ litigant, so long as thatwritten waiver is signed by each of thesettling parties or their respectivecounsel." The court further explained thatwaiving the mediation privilege was aprocedural issue, not a substantive right,and that was something an attorney coulddo.

Additionally, plaintiff contended thatthe settlement was also not enforceablebecause both parties had not signed theagreement. The court held that therequirement of the party specificallysigning the settlement agreement is onlynecessary for Code of Civil Proceduresection 664.6. The court further heldthat the settlement agreement could beenforced in alternative procedures to theexpedited procedure of Code of CivilProcedure section 664.6 such as bymotion for summary judgment, a separatesuit in equity, or an amendment of the

pleadings. The Court also explained thatjust because the party had not signed onthe settlement agreement did not meanthat it was not enforceable settlementdocument. The insurance company,which was not opposing the settlement,had authorized its attorney to sign asettlement agreement and therefore, thesettlement was enforceable. It isimportant to note that had the insurerspecifically signed the settlementagreement, and not just the attorney, thenthe summary procedures of section 664.6of the Code of Civil Procedure wouldhave been available as a method ofenforcing the settlement.

Make the Agreement Stick!The settlement agreement is often one ofthe most important documents drafted inthe litigation context. This documentgoverns the relationship of the parties forthe future and closes a chapter in thelitigation book. A well drafted settlementagreement does not need to be long,complex or typed; it simply needs tomake sure that it addresses the materialterms and ensures that the parties haveagreed to the terms.

As a matter of practice, it is advisableto ensure that the settlement agreementsmeet the requirements of Code of CivilProcedure section 664.6. This procedureis the most efficient means in which toenforce a settlement agreement.However, if the requirements of Code ofCivil Procedure section 664.6 are notmet, then it is important to understandwhat is necessary to ensure that thesettlement will be enforceable via othermeans.

The safest bet is to make sure that allparties sign the settlement agreement,that it provides the material terms that arereally at issue, and that it states on its facethat it is enforceable and admissible asevidence of the settlement.

Steven G. Mehta is an attorney and mediatorspecializing inmediating complexand emotionaldisputes. He can be reached throughhis website atwww.stevmehta.com or at (661) 284-1818.


11.. An oral settlement agreement is not enforceable.TrueFalse

22.. A settlement agreement that has material termsleft unstated will be enforceable if there is aprovision in the settlement agreement for abinding mediation or binding arbitration of all theissues.

TrueFalse

33.. An oral agreement in front of the court and beforea court reporter cannot be made by a nod of thehead by the party.

TrueFalse

44.. If a party leaves ambiguity in the contract and setsforth that the disputes between the parties will besettled by arbitration, the settlement isenforceable.

TrueFalse

55.. A settlement placed on the record before anarbitrator is enforceable for purposes of CCP664.6.

TrueFalse

66.. A settlement agreement only needs to be signedby one of the parties to be enforceable under CCP664.6.

TrueFalse

77.. The court can enforce a settlement pursuant toCCP section 664.6 if the parties state in thesettlement agreement that the court will reservejurisdiction.

TrueFalse

88.. Evidence code section 1119 expressly providesthat subject to exceptions "all communications,negotiations or settlement discussions by andbetween participants in the course of themediation or mediation consultation shall remainconfidential.

TrueFalse

99.. The only way a settlement agreement prepared inmediation is admissible is if a written settlementagreement prepared in the course of, during, orpursuant to mediation is signed by the settlingparties and the agreement provides that it isadmissible or subject to disclosure or words tothat effect.

TrueFalse

1100.. Counsel cannot waive the mediation privilege.TrueFalse

1111.. Where the parties sign two different versions ofthe settlement agreement, there is no enforceablesettlement.

TrueFalse

1122.. Any settlement agreement signed by the parties atthe mediation is enforceable regardless of thelanguage on the settlement document.

TrueFalse

1133.. If the settlement agreement is not enforceableunder CCP section 664.6, then it is not enforceableat all.

TrueFalse

1144.. The courts have not addressed what effect, if any,CCP 664.6 has on a settlement during thependency of an appeal.

TrueFalse

1155.. Oral agreements arising from mediation can beenforceable under some circumstances.

TrueFalse

1166.. Parties in pre-litigation can still use CCP 664.6 toenforce a settlement.

TrueFalse

1177.. Parties in arbitration can use CCP 664.6 to enforcea settlement.

TrueFalse

1188.. If an insurance company represents a party thatdoes not require consent of the insured to settle,then the insured does not need to sign asettlement agreement to be enforceable underCCP 664.6.

TrueFalse

1199.. If the parties enter an oral settlement agreementon the record before the judge who is the trialjudge and the judge does not question the parties,the settlement is still enforceable under CCP664.6.

TrueFalse

2200.. Once the parties have orally agreed to the terms, aparty may not escape its obligations by refusing tosign a written agreement that conforms to theoral terms. The oral settlement, like anyagreement, imposes upon each party a duty ofgood faith and fair dealing in its performance andits enforcement.

TrueFalse

MCLE Answer Sheet No. 3

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. 3 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.

Lisa D. AminniaWoodland Hills(818) 703-1400 [email protected]

Anne A. ArabianGranada Hills(818) 399-8979 Workers' Compensation

Mario Anthony ArmendarizNorthridge(818) 363-1311 [email protected] Member

Alan D. AronsonAronson Light LLPEncino(818) 783-1500 [email protected] Property

Stefanie M. BennettLos Angeles(323) 644-2858 [email protected] Law – Minor’s Counsel

David L. BereznickGranada Hills(818) 427-9947 [email protected]

Olga BozLaw Offices of Robert J. FriedmanBeverly Hills(310) 273-2959 [email protected] Law

John E. CarlsonSherman Oaks(818) 995-7400 [email protected] Law

Lazaro CuevasNeighborhood Legal Services Pacioma(818) 374-2100 [email protected]

Joan C. DonnellanParker Milliken et al.Los Angeles(213) 683-6500 [email protected]

Sonia B. DujanWoodland Hills(818) 888-2323 [email protected]

David K. EldanParker Milliken et al.Los Angeles(213) 683-6500 [email protected]

Donna M. EncinasEncino(818) 990-9314 [email protected] Law

Stephen M. FensterSchwartz & FensterWoodland Hills(818) 346-7300 [email protected] Property

Michael E. Fox(760) 382-3486 [email protected]

Daniel F. GainesGaines & Gaines, APLCWoodland Hills(818) 703-8985 [email protected] and Employment, Litigation, Real Property

Richard H. GibsonGibson Law PCWoodland Hills(818) 716-7950 [email protected] Property

Barry P. GoldbergWoodland Hills(818) 222-6994 [email protected] Injury

Jason H. GorowitzSherman Oaks(310) 279-3220 [email protected] Law

James H. GoudgeDennison, Bennett & Press LLPWoodland Hills(818) 716-7200 [email protected] and Employment

Sherin E. HackmanTarzana(818) 342-3522 [email protected]

Jeffrey L. HofferWestlake Village(805) 449-4290 [email protected]

Emily F. HolzerLaw Offices of Marcia L. KraftWoodland Hills(818) 883-1330 [email protected] Planning, Wills and Trusts, Family Law

Cory H. HurwitzUniversal City(818) 753-2381 [email protected] Litigation

Jeffrey C. IngramPenn Valley(530) 432-1996 [email protected] Litigation

Larry G. IvanjackParker Milliken et al.Los Angeles(213) 683-6500 [email protected]

Matthew K. JohnsonWestlake Village(805) 907-5015 [email protected] Planning, Wills and Trusts

Zena Mary KalioundijChatsworth(818) 800-7111 [email protected]

Paul Charles KannoEncino(818) 788-1035 General Practice

Noma KazLifeline Companion Services, Inc.Simi Valley(818) 980-8818 [email protected] Member

Helen M. KimLevinson Arshonsky & Kurtz, LLPSherman Oaks(818) 382-3434 [email protected] Law, Litigation

Ilyse F. KlavirLancaster(661) 945-0504 [email protected] Law

Robert Korpas CPAGlendale(818) 649-7654 [email protected] Member

Mary P. KulvinskasWestlake Village(805) 267-1125 [email protected] Planning, Wills and Trusts

Jonathan David LeventhalWest Hills(818) 888-2599 [email protected] Student

Michael B. MellemaParker Milliken et al.Los Angeles(213) 683-6500 [email protected]

Kathryn B. MillsteadParker Milliken et al.Los Angeles(213) 683-6500 [email protected]

Robert MucicGlendale(818) 314-8626 [email protected]

Matthew B. NezhadTarzana(818) 758-2125 [email protected] Injury

Leo G. O'BiecunasZide & O'Biecunas, LLPVan Nuys(818) 988-0180 [email protected]

Jennifer PhanNeighborhood Legal ServicesEl Monte(626) 307-3640 [email protected] Protection, Housing

Steven R. PlattParker Milliken et al.Los Angeles(213) 683-6500 Litigation

Prabhavati RaoNorthridge(818) 775-0103 [email protected] Law, Immigration and Naturalization4

Jay T. RubinRubin & Vasquez LLPWoodland Hills(818) 992-2993 [email protected]

Lauren SavenNorthridge(818) 626-8636 [email protected]

Thomas E. ShuckParker Milliken et al.Los Angeles(213) 683-6500 [email protected]

Paul D. SpearTarzana(818) 344-5100 [email protected] Law

Benjamin TaylorParker Milliken et al.Los Angeles(213) 683-6500 Labor and Employment

Rhodah Van Der SchyffParker Milliken et al.Los Angeles(213) 683-6500 [email protected] Property

Gregory Andrew YatesEncino(310) 858-6944 [email protected]


The following joined theSFVBA May to July 2008:

New Members


Business Law

SFVBA Welcomes

Jennifer Jimenez

Staff Profile

ENNIFER JIMENEZ WOULD like to thank the San FernandoValley Bar Association for giving

her the opportunity to fill the position asMember Services Coordinator. She isappreciative of the chance to work withgreat people and hopes to use thisexperience as a learning tool.

As Member Services Coordinator,she will provide administrative supportto SFVBA members, staff and thecommunity. Also, she will take on therole of administering the Mandatory FeeArbitration program. Jimenez hopes tobe a resourceful guide to SFVBAmembers with questions or seekingassistance.

After graduating high school in thesummer of 2005, Jimenez attended theUniversity of Utah for two years beforemoving back to Southern California.While attending college, she worked as aResearch Assistant for a grant-fundedprogram sponsored by the College ofSocial Work and The Disability LawCenter.

During that time, Jimenez decidedto major in Social Work. There, sheexperienced first hand how rewardingand self-less it felt to help people in thecommunity and to have a trueappreciation for the work. This fueledher desire for that field. Jimenez iscurrently attending CSUN in pursuit of adegree in Social Work.

J


NTERING THE NEW FISCAL YEAR, THEFoundation takes this opportunity both to thank the pastBoard of Trustees for its work and to welcome aboard the

new Board of Trustees.The 2007-2008 Board performed magnificently. Under

Marcia Kraft’s leadership, not only did the Board fulfill itsobligations to fund Valley-centered law-related student educationand to promote Valley-connected nonprofit organizations throughthe award of scholarships and grants, the Board on its watch alsosaw the Van Nuys Courthouse Children’s Waiting Room come tofruition and saw the seeds sown for the building of yet a secondChildren’s Waiting Room at the San Fernando Courthouse.

This progress occurred against the backdrop of our mostsuccessful Law Day Gala since at least 2002. The Gala, held onJune 7 at CBS Studios in Studio City, raised approximately$48,000 in net proceeds. This near record-breaking amount willbe used by the new Board to continue to promote its scholarshipand grant awards – and also to contribute to the funding of theSan Fernando Courthouse Children’s Waiting Room.

It is particularly satisfying to reflect on the success of the Galawhen one considers that the event took place in the midst of whatis perceived to be a troubled economy. As the Board and itscommittees planned the Gala, volunteers wondered aloud as towhether the event could be successful under the circumstances.With hard work, a good cause and some good fortune, the eventwas a great success. The event brought in new proceeds almostright on the mark with what our Gala Budget projected.

So, the incoming Board has a challenge in keeping thismomentum going through the new fiscal year. Fortunately, with acapable incoming Board Officers and volunteers, it can be done.

The Officers are made up both of lawyers and of laycommunity representatives. This is consistent with our mission tobe an organization that is legal-related, yet also reaches out intothe Valley community to fulfill the Foundation’s charitablefunctions.

It is an honor to serve as President of the Foundation for thecoming year. As Jack Benny once said, “I don’t deserve this award,but I have arthritis and I didn’t deserve that either.” TheFoundation’s worthy goals will be advanced to the very bestduring this coming year.

New Opportunitiesin the 2008-2009Fiscal Year

STEPHEN T.

HOLZER

VCLF President

Valley CommunityLegal Foundation

2008-2009 Board Officers

David Nadel, CPA, Treasurer

Tracy Beavers, Vice President of Marketing

Sharley Allen, Secretary

Etan Lorant, Esq., Vice President of Scholarships

Jodi Berman-Levine, Vice President of Fundraising

Marcia Kraft, Esq., Immediate Past President

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]

LAW OFFICES

PISEGNA & ZIMMERMANWILLIAM ZIMMERMAN & LORI DECRISTO

A t t o r n e y s a t L a w

SOCIAL SECURITY DISABILITYAll cases on Contingency Fee Basis - 25 years Experience

Accepting Cases From:Los Angeles County

Ventura CountySanta Barbara CountySan Bernardino County

Riverside CountyKern County

5170 N. SEPULVEDA BOULEVARD, SUITE 230

SHERMAN OAKS, CALIFORNIA 91403

TEL: (818) 377-2200

FAX: (818) 377-2211

Referral Fees paid within Guidelines

E


ATTORNEY TO ATTORNEY REFERRALS

APPEALS & TRIALS$125/hour. I’m an experienced trial/appellateattorney, Law Review. I’ll handle your appeals,trials or assist with litigation. Alan Goldberg (818)421-5328.

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 AVAILABLE

ENCINOHigh-Rise Offices. Corner office suite in full servicelaw firm. Beautiful views and well-appointedinteriors. Excellent location. Up to 4 officesavailable. Conference room/kitchen access, twosecretarial bays, phone system/voicemail,receptionist, Internet, copiers, scanners, fax, etc.Please contact David Adelman at (818) 382-6200.

Encino Law Center. Includes 2 libraries, 3conference rooms and secretarial space. (818) 783-0393.

SAN FERNANDO13’x17’ attorney office. Secretarial area;library/conf. room; kitchen area; utilities paid,except fax and copy machine. Two blocks fromSan Fernando court (444 S. Brand Blvd. Ste. 203).$700. Call Stanley Silver (818) 361-0171.

VALENCIAOffice space and/or part time conference roomuse. Do you live in Valencia and need to reducecommute time? Do you have a Valley office andwant to meet clients in Valencia? Full time officefor rent in beautiful Valencia professional building,central atrium with water fountains and falls, easyparking, right off the 5 Freeway and NewhallRanch Road. Office is furnished. Access to Internetand all office machines included with rental.Conference room rental only $175 per month for8 to 10 hours. Call David at (310) 266 8390 oremail [email protected].

VAN NUYSGround 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.

WESTLAKE VILLAGE2 room spacious executive office; sharedreception; $800/mo. +util.; Call (805) 496-5004or (805) 660-1300.

Law firm sublease. 6 offices + 3 secretarialworkstations. Entire suite or individual offices.Ideal for small firm/solo. Contact Jay (818) 865-2200, [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.

10’x10’+ corner window office, second floor VenturaBlvd. $750/mo. Receptionist, conference room andmany amenities, possible overflow, and paralegalsare available. (818) 348-3806.

Up to 3 offices and 3 secretarial bays available inprime Woodland Hills location, available approx.June 1. State of the art technology, individual storageareas, beautiful campus atmosphere.Email: [email protected].

Terrific penthouse on Ventura Blvd. in WarnerCenter with great views. One 11x14 window officeavailable. Receptionist, secretarial bay, kitchen,conference rooms, library, full amenities. Call Jim(818) 716-7200 x141.

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.

Classifieds


Calendar Santa Clarita Valley Bar Association

ForeclosuresSEPTEMBER 186:00 P.M.MARIE CALLENDER’SVALENCIA

MEMBERS$30 prepaid$40 at the door1 MCLE HOUR

Family Law Section

Tips for NavigatingThrough CCW ProceedingsSEPTEMBER 225:30 P.M.MONTEREY AT ENCINO RESTAURANTENCINO

Support proceedings at Central Civil West are awhole different "animal" than those in the"regular" family law courts. Recently, accordingto federal mandate, the state began using a newguideline child support calculator that can onlybe found online and is rumored to calculatechild support in Department of Child SupportServices (DCSS) cases differently thanDissoMaster or SupportTax. Commr. MarshallRieger was instrumental in the development ofthe new program; he will discuss how to use thecalculator and compare and contrast its resultsto our more familiar programs. Attorneys DanDavisson and Susan Jaeger will discuss theunique procedures for obtaining release oflicenses (sometimes on an ex parte basis) andother tips and pitfalls to avoid when appearingat CCW in cases in which DCSS is enforcingsupport orders.

MEMBERS NON-MEMBERS$35 prepaid $45 prepaid$45 at the door $55 at the door

1 MCLE HOUR

Business Law, Real Property &Bankruptcy Section

Anti-Trust Law Issues re:Business Deals andDisputesSEPTEMBER 2412:00 NOONSFVBA CONFERENCE ROOMWOODLAND HILLS

Expert witness economist Paul Wassan ofResolutions Economics will present a generaloverview of the legal issues concerning anti-trustand unfair competition that impact businesstransactions and commercial litigation.

MEMBERS NON-MEMBERS$30 prepaid $40 prepaid$40 at the door $50 at the door

1 MCLE HOUR

The San Fernando Valley Bar Association is aState Bar of California MCLE approved provider.To register for an event listed on this page, pleasecontact Linda at (818) 227-0490, ext. 105 or [email protected].

Multi-level Sponsorships andadvertising opportunities are

available.Tickets are $90 per personand $900 for a table of ten.

For further information, please contact Linda at

(818) 227-0490, ext 105.

Workers’ Compensation SectionAMA Requirements forOrthopedic ReportsSEPTEMBER 1712:00 NOONMONTEREY AT ENCINO RESTAURANTENCINO

Dr. Alan Roberts will review the latestrequirements for these critical reports. Whatguidelines must be adhered to? Come hear Dr.Roberts discuss how best to prepare the reports,keeping in mind what you might inadvertentlyleave out could truly hurt you and your client inthe end.

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

Women Lawyers Section

Welcome to the WeddingParty: Update on Same-Sex MarriagesSEPTEMBER 1812:00 NOONSFVBA CONFERENCE ROOMWOODLAND HILLS

Attorney Wendy Hartmann will discuss how bestto advise your clients regarding estate planningand other legal issues concerning same-sexcouples.


Probate & Estate Planning SectionConservatorships: To Seek or Not to SeekSEPTEMBER 912:00 NOONMONTEREY AT ENCINO RESTAURANTENCINO

What are the pros and cons of institutingproceedings for adults of all ages? AttorneyGeraldine Wyle will chart the course.


Litigation Section

How to Find and PreserveAssets in LitigationSEPTEMBER 186:00 P.M.SFVBA CONFERENCE ROOMWOODLAND HILLS

Attorneys Richard Weissman and David Ray willbe on hand to discuss using Receivers as aneffective tool to find, control and preserve assetsin all forms of pre-judgment and post-judgmentlitigation. A must-attend seminar for civil, familylaw, real property and probate attorneys.


San Fernando ValleyBar Association

2008Installation Gala

Saturday, September 20, 2008

Woodland Hills Hilton Hotel

6:00 PM Cocktail Reception7:00 PM Dinner

Entertainment Provided byTaiko Drum Ensemble

Installation of San Fernando ValleyBar Association

President Tamila C. Jensen, Officers and Trustees

Installation of Valley CommunityLegal Foundation of the SFVBA

President Stephen T. Holzer, Officers and Directors

Presentation of President’s Award by Outgoing

President Sue M. Bendavid


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

Court-Connected Sticky Settlement Civil Mediations Agreements · 2017-03-23 · civil litigation...

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