Sacramento Lawyer Magazine March/April 2018 by Sacramento County Bar Association

www.sacbar.org

March/April 2018

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

Sacramento County Bar Association

Attorneys Who Have Immigrated

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EDITOR’S MESSAGE

What’s Your Story?

all have a story; where we came from. Unless you are Native American, your family has a story about coming to America. Some of us know more than others about our heritage. Sometimes when we learn about how our relatives came to the U.S., we learn more about ourselves. My grandfather (John) on my father’s side was born in Harput, Armenia in 1897 around the time of the massacres of the Armenians by the Turks. At age 9, he lost his father, and at age 10, he lost his mother. At age 15, frightened for his life, John left Armenia for America with the equivalent of about $5 in his pocket. He walked more than 200 miles to the coastal city of Giersun, where he boarded a cargo ship headed to Constantinople, telling the guards that he was going to study at a university there. From Constantinople, the ship went on to Marseille, France, where John disembarked not knowing any French or English. John wrote to his uncle in New York who sent him money to travel on another cargo ship to Rhode Island. John located his uncle in New York, who was a weaver, and he landed a job at National Chromium, plating metal, earning $4.00/week. John worked hard, and his salary was raised to $10.00/week. John managed to work through the depression, support a family, and in 1949, he moved to California to begin farming. Immigrants are often very industrious people. In fact, the personal-finance website WalletHub recently released a report on 2018’s economic

Ellen ArabianLee is the Associate Editor of Sacramento Lawyer magazine and the President of Arabian-Lee Law Corporation in Roseville. She can be contacted at ellen@arabian-leelaw.com.

impact of immigration by state. WalletHub compared the 50 states and the District of Columbia and determined which states benefited most from immigration using 19 key indicators, ranging from median household income of foreign-born population to jobs generated by immigrant-owned businesses as a share of total jobs. California ranked second, just below New York, as the state which benefits the most from immigration. California ranked first as to the percentage of jobs generated by immigrant-owned businesses and first as to the percentage of foreign-born STEM workers. The immigrant attorneys in our cover story demonstrate perseverance at its best. Many of these attorneys came to the U.S. not knowing any English, yet managed to pass the California Bar examination and to run successful law firms. Their personal experiences in their home countries drove them to become attorneys in the U.S. What amazing stories they each have, and we are all so fortunate that they have shared their stories with us here, and that they are fellow members of the California Bar. These days it’s easy to forget that we all have our own stories. As to my mother’s side of the family, her grandfather came to Ellis Island on The Tartar Prince in 1898, during the Armenian genocide. The Ellis Island Foundation, Inc. allows you to search its records for free in order to get information about how your family came to the U.S. You can even order a copy of a photo taken of the ship and the list of immigrants on the ship. Really neat information to have for your family. Let’s not forget, that we all have a story. What’s yours?

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | March/April 2018 | www.sacbar.org

EDITOR-IN-CHIEF Betsy S. Kimball Editor@sacbar.org ASSOCIATE EDITOR Ellen Arabian-Lee STAFF EDITORS Heather Cline Hoganson, Maureen Onyeagbako MAGAZINE COMMITTEE Betsy S. Kimball, Samson R. Elsbernd, David Graulich, Coral Henning, Heather Cline Hoganson, Yoshinori H.T. Himel CREATIVE DIRECTOR Mary J. Burroughs (916) 564-3780 - mburroughs@sacbar.org PRODUCTION DESIGN Milenko Vlaisavljevic ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 - scba@sacbar.org SCBA OFFICERS Sil Reggiardo - President Sean McCoy - 1st Vice President Shanae Buffington - 2nd Vice President Trevor Carson - Secretary/Treasurer SCBA EXECUTIVE DIRECTOR Mary J. Burroughs - mburroughs@sacbar.org

Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 425 University Ave., Suite 120, Sacramento, CA 95825. Issn 1087-8771. Annual subscription rate: $6.00 included in membership dues, or $24.00 for nonmembers. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 425 University Ave., Suite 120, Sacramento, CA 95825. Copyright 2018 by the Sacramento County Bar Association. Each author’s commentary reflects his/her individual opinion only and not that of his/her employer, organization with which he/she is affiliated, or Sacramento Lawyer magazine, unless otherwise stated.

CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

MARCH/APRIL 2018 VOLUME 118, NUMBER 2

COVER STORY 18 Attorneys Who Are Immigrants

FEATURE ARTICLE 8

Engaging Jurors Post-Trial in K-12 Civic Learning from the Attorney Side

AI FEATURE ARTICLE 16 What Are these Things that Appear on the Screen when You Sign in to Lexis or Westlaw to Do Simple Research?

PAST PUBLICATIONS 24 Private Club Resolution

EVENTS 10 Indigent Defense Panel Annual Party 14 SCBA’s Party for a Cause 26 The Valentine Run/Walk Puts the “Fun” in Fundraiser

28 Volunteers Needed for Federal Court Programs

DIVISIONS, SECTIONS, AND AFFILIATES NEWS 12 SCBA Barristers Division Update

SCBA CONTINUING LEGAL EDUCATION

30 SCBA Breakfast Forum 32 SCBA Cannabis Symposium

DEPARTMENTS 4 Editor’s Message 6

President’s Message

Sacramento Lawyer magazine welcomes letters and article suggestions from readers. Please e-mail them to editor@sacbar.org. The Sacramento County Bar Association reserves the right to edit articles and letters sent in for publication. Please contact the SCBA at 916-564-3780 for deadline information, fax 916-564-3787, or email mburroughs@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer magazine become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.

COVER

Sacramento County Bar Association Attorneys Who Have Immigrated

www.sacbar.org | March/April 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

PRESIDENT’S MESSAGE

Sil Reggiardo President, Sacramento County Bar Association

Hard Work and Celebration for the Sacramento County Bar Association by Sil Reggiardo, President

he SCBA knows how to work hard, celebrate Anthony M. Kennedy Sacramento County Bar Association accomplishments, and go on working. The first words Lifetime Achievement Award. There will be plenty of time in the SCBA Mission Statement are “to enhance the system afterwards to socialize. The social time and dessert will last of justice.” That takes hard work. Our delegation to the until 2:00 p.m. Conference of California Bar Associations (CCBA) is already As part of our centennial celebration we will also pubworking at that process this year. The delegation met in early lish the SCBA Centennial Book – a 116-page collector’s item February to discuss SCBA member legislative proposals that that will include historical articles and current materials tellwe hope to have approved at the CCBA annual meeting in ing the story of the SCBA’s first 100 years. It will be dedicated San Diego this September (the SCBA delegation hosted the to the SCBA members who have given their time and talent CCBA 2017 annual meeting here in Sacramento). All CCBAto help the SCBA grow and succeed. As part of this process, approved proposals go to CCBA lobbyist we will interview several legal profesLarry Doyle (an SCBA member), who sionals – judges, lawyers, paralegals and looks for legislators to carry the proposals “Justice Kennedy... secretaries – of various ages and backas legislative bills. Our delegation to the grounds. To be an advertising sponsor, will be the CCBA has had numerous proposals become order a book, or be interviewed, please law. The CCBA’s efforts to improve the contact Deb Roberts (916) 546-3780 or Keynote speaker law mirror the views of Justice Anthony at our Centennial emailWedeb.roberts@sacbar.org. Kennedy: “We must never lose sight of the are also having a Centennial fact that the law has a moral foundation, Birthday Party on Monday, June 25, 2018 Luncheon...” and we must never fail to ask ourselves (the day after the SCBA turns 100), from not only what the law is, but what the 5:00 p.m. to 8:00 p.m. in the Pavilion law should be.” (Richard C. Reuben, “Man in the Middle,” Tent at Haggin Oaks Golf Complex. This will be a kid-friendCalifornia Lawyer, October 1992) ly event with games, prizes, a three-hole putting contest, a The SCBA will also take time to celebrate its accomhole-in-one contest, and an all-lawyer band. We will also plishments this year – its centennial year. Justice Kennedy have a buffet dinner, raffle prizes, and silent auction. Watch will be a big part of that celebration. He will be the keynote for more information regarding this event. speaker at our Centennial Reception, Luncheon, and Social The SCBA will celebrate this centennial year and will on Tuesday, April 10, 2018, from 11:00 a.m. to 2:00 p.m. receive well-deserved praise but will work even harder to at Arden Hills Resort Club & Spa. A reception will start at accomplish its mission. “The only way to escape the corrupt11:00 a.m. The lunch presentation will start at noon. Justice ible effect of praise is to go on working.” (Albert Einstein, Kennedy will not only speak but will also receive the first Smithsonian, February 1979)

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1918~2018 CENTENNIAL | SACRAMENTO LAWYER | March/April 2018 | www.sacbar.org

www.sacbar.org | March/April 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

FEATURE ARTICLE SECTIONS & AFFILIATES

LaurenHersher Sorokolit Judge is is

Engaging Jurors Post-Trial Barristers’ in K-12 Civic Learning from Club Update the Attorney Side

Barristers’County Media Chair athe Sacramento and Associate Superior CourtCounsel Judge at MolinainHealthcare, assigned 2018 to Inc. She can 92. be contacted Department at Lauren.Sorokolit@ molinahealthcare.com.

Lauren byby Judge JudySorokolit Holzer Hersher

This article represents the thoughts and opinions of its author. It was drafted at the request of Chief Justice Tani Cantil-Sakauye in state and federal members: President: Steve and Duverafter discussion at a recent California State-Federal Judicial Council meeting addressespellate ways towork increase civic learning aboutcourt the nay,A Executive Vice-President: Katie and and onisconstitutional, political, importance of courts and the jury system. companion article tailored to judges civicfocuses educators being circulated. of Programs: and commercial litigation. He earned CommentsNystrom, should be Vice-President addressed to HersherJ@saccourt.ca.gov. Megan Sammut, Treasurer: Lauren his J.D. from Notre Dame Law School in 2007 Bachelor of Calnero, Secretary: Caroline Colangehe jury trial is over, the hard their background and strongly held plan withand theobtained attorneyshisand ask that Membership Chair: Lauren Foust Arts UCwith Berkeley. He is work is done, and the clerk has lo, beliefs before selection is essential to they degree discuss from the plan their clients currently a Senior Research Fellow Sorokolit, Immediate Past President: read the verdict in open court. Perreaching a just result. Just as importprior to the jury entering the courtwith theTrial California Constitution Center Hendrickson, Board knowledge Members haps there is a gasp by one party at the Kurt ant, they have first-hand room. attorneys continue to play at Berkeley Law, where he also teaches at Large: Jeffrey Schaff, Kevin Khasicounsel table, tears of joy, sadness, or of what it takes to work effectively in a critical role in the closing moments advanced legalaswriting. Connor Jenni Harmon, an angry outburst. Sometimes there is gian, the jury room,Olson, and how people, all of of trial, even the verdicts are read. Duvernay bringswho significant experiand Jake Weaver. Barristers’ 2018and President, just silence relief.Steve Duvernay whom have seen and heard the same They are the ones have held the ence to his role as Barristers’ Club PresThe incoming Board of Directors The faces of those in the jury box evidence, can form different opinions, attention of jurors throughout trial, the Barristers’ – the clos- would ident, havingattitude served previously in sevlike to take this opportunity tell anotherClub story.Update For them, reach also different conclusions, talk about ones whose and demeanor in Members Ratify New Board of to thank our outgoing President, Kurt eral officer positions. As the 2018 Presing moments of trial represent the end the facts, and still work together to the courtroom will leave lasting imDirectors ident, his on goaltheis community to expand of outreach forupon all hisresult. hard work and of a journey each has taken as part of Hendrickson, reach an agreed pressions jurors On November 9, 2017, the Barristo law students and new attorneys, to dedication to the improvement of the their civic duty. They now know their So, it has been my practice for sevseated in the jury box, and they and ters’ Club its annual social. develop educational help work hasheld changed lives, voting and they have Barristers’ eral yearsClub. that before I read the final their future clients, asprograms well as thetoentire Members voted to ratify the new slate members hone critical skills as they a better appreciation for what and how official jury instruction excusing them jury trial system stand to benefit—or ofcourts boarddomembers and officer candiIntroducing 2018 Barristers’ Club transition into practice, and to continwhat they do. from service, I take five minutes to lose—from the engagement and attidates.For Numerous members participated President, Steve Duvernay ue providing networking opportunities the most part, jurors are proud talk with jurors about how they might tudes of future jurors. How these closinofthe election carrying on the BarrisSteve Duvernay has been an atfor the future leaders of localattorbar. what they have just done, despite share their experience to an important ing moments are handled the by trial ters’ Club’ s tradition of strong member with Benbrook Lawcivic Group since Duvernay’ favorite is the nature or outcome of the case. Im- torney end: motivating future engageneys may swell speakBarristers’ volumes toevent jurors. engagement. 2013. Prior to that, he worked as an asthe Summer Associates Reception beportantly, the 12 now understand how ment by young adults. Next, after I ask the clerk to record The isBarristers’ would like to sociate at DLA Piper cause it provides for a jury selected, Club and why exploring How do I do it? and First,Klinedinst I discussPC. my the verdicts, I turn an myopportunity attention to the welcome its new officers and board Duvernay handles both trial and aplaw young thanking lawyers tothem mix jury.students I start byand sincerely with judges and experienced attorneys for their service. I hand out signed Cerin a casualofsetting and learnfortheService, secrets tificates Appreciation of surviving a legal career. each with an embossed gold seal of the In Ihis time, Stevedisplay enjoys Court. ask spare that they proudly it traveling, fitness, rooting for the Kings Divorce Done Differently at work, or in their home on the refrigand Notre football, and spending erator. TheDame refrigerator part usually gets time with his lazy dog Clarence. a laugh, but I can tell they are listening.

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As we all know, a lot of really important Upcoming Events things hang on people’s refrigerators. The Barristers’ hasifan array of Then, I ask theClub jurors they have educational programming planned for any questions about what they have the half of 2018 so stay tunedthat for justfirst experienced. I explain to them details. The be Barristers’ Club alsoI looks there may some questions canforward to hosting social functions this not answer, because I may be hearing spring as well as the annual Summer post-trial motions and it would be imAssociates in July. We hope proper for Reception me to discuss anything that to see you there! might still come before me for decision.

event, the supervisors had not yet voted to approve funds for this program, which they eventually did.) Steinberg I know that jurors about was plaintive in hisremain desirecurious to combat parts of the process that they don’t see the issue, even though it could be perand want to understand. Oftentimes I get ceived as an issue that would not necprocedural or other questions about jury essarily be a “city” issue. At one point, service and trials in general and I do my Ruyak asked the audience to quickly best toSteinberg’ answer sthese honestly. tweet replyquestions on the issue of And I get volunteered comments that dehomelessness. He said, “I’ll be darned initial they without are glad agthey ifspite I allow thishesitation, thing to grow served and learned a great deal from it. gressive action.” When that is done, I take a quick When the conversation turned to poll as to swhether of them have Sacramento’ bid for aany second Amazon young adults in their home or family site, Ruyak questioned the prioritizamembers know children friends tion of theortech industry overof others who also are inasked juniorabout or senior school. and the high downside The answer is usually unanimous and such as rising rents and the resulting “yes.” I of telllong-term them I have an invitation exodus residents. Ruyak I would like to extend to each of them, and Steinberg had moments of levity acknowledging that they have already with regard to euphemisms for gendone a lot but and finally, that I would understand trification, Steinberg called if they declined. it for what it is. He acknowledged the Addressing themhave as a caused, group, I with invite problem rising rents them to share their experiences as a julong-time residents being uprooted ror with at least one youth, perhaps disfrom neighborhoods, as well as changes cussing how trials work, howasdecisions that overcome neighborhoods trendy are made by jurors, takes toinbe store-fronts establish what their itpresence an effective juror, and the important role the city. jurors haveasked in making deWhen about life the changing priority for cisions for people in our community. the arts, Steinberg gave it the same pri- I assureasthem thatand all they need to bring ority sports talked about var-to the task is themselves. “how, when ious improvements andThe commitment and where” has infinite possibilities. to the arts under his leadership. HeIt couldquick happen the kitchen on a was to at promote the table, Farm-tohike, in the car, working on a project, Fork movement in the region too andor a telephone call. commented on the growth of that segI share my work as one of many judgment in the city. es and lawyers who are involved civic When asked about the city’in s ratand legal education programs that go ings, Steinberg addressed the issue into of junior and high school classrooms to enunder-funded pensions per CalPers’ courage students to learn about the courts, analysis of how much the city needs themaintain jury system, and the to in reserve forimportant pensions.legal It and constitutional issues of the hold was evident that Steinberg doesday. notIfulupagree a copy or math discuss contents ly withofthe in the terms of howof the Report the California much this By would consumeTask theForce city’son K-12 Civil Learning (August, 2014) operational budget and whether it and is read some of the at pagesrat14even possible tofacts get printed into positive 15: that theon United States recently ings based the burden that theranked city 139th in voter participation of 172 deis expected to carry. mocracies around the that less than The evening wasworld; an issue-laden, of half of eligible young people ages 18-24 in-depth look at Steinberg’s leadership, voted in the 2012 elections; that his policies and areas of passion, asjust well13 percent of high school seniors show a solid

Justice George Nicholson Retires Continued from page 12 the following comment, and decided to thought-out and sincerely held – even if understanding of U.S. history; and that less court experience. I ask them to considleave it in for one reason – there are prob- they differed a lot from my own. This – than of high of school seniors viewed be- er what typejust of described jury they –would like to what I have is something ablyhalf hundreds people in this commuing statesay andthe local issues as their in the boxvalue should they, or someone nityactive who incould same thing. And see of such great to our community of responsibility. And I may read to them the they care about, be seated at the table in it is high praise. There are many things diverse people (and to preserving it as names of the impressive members of the front of me as a plaintiff or criminal or about which Justice Nicholson and I a community): the ability to discuss reTask Force, who–reflect diversity in-I civil defendant? Whatoftraits wouldbelief, they spectfully differences opinion, likely disagree in law,the politics, etc.ofBut terests across political and social lines and want these 12 jurors to possess as they know that he and I (or anyone else in my perspective, and the like. have joined thediscuss effort to improve civic ed-it decide fateof or thatI of their hope loved stead) could those things, and Ontheir behalf many, express ucation youth. not a debate. The ones? Would they want thinking that the conclusion of caring, this chapter of would for be our a dialogue, But what engages them most is individuals who understand that while dialogue would be civil, probably colle- Justice Nicholson’s life will be the start bringing close to home. all jury service be inconvenient, it is a of a new andmay productive time of scholargial. Eachthis of us would listen toAlmost the other. him. I would respect that hiswho viewshas were well jurors know someone had a ship and service for Continued on page 31

15 9

tion yer?

EVENTS

Keith Staten practices criminal defense law at the Law Offices of Keith J. Staten & Associates. He can be contacted at kjstaten@ att.net.

Indigent Defense Panel Annual Party by Keith J. Staten / Photo by Mary Burroughs n California State Bar Trial Lawyer Hall of Fame, 2001

n Fellow, American College of Trial Lawyers, since 1986 n Northern California Super Lawyers since inception n Best Lawyers in America since inception, recently:

u Lawyer of the year, Real Estate Litigation,

he Indigent2014 Defense PanThe next round was Judge of Sacramento, el (IDP) held its annual the Year, which was awarded to u Lawyer of the Year, Commercial Litigation, holidaySacramento party at 2010 the Blue Prynt Judge Lawrence G. Brown. Judge Company Litigation, 2012, u Bet theand Restaurant, announced its 2013, 2014 Brown was recognized because of Litigation, 2012, 2013, 2014 Judgeu Commercial and Attorney of the Year his work with the collaborative u Litigation-Banking and Finance, 2012, 2013, 2014 Awards. This year, Attorney Alin courts here in Sacramento. A foru Litigation-Real Estate, 2012, 2013, 2014 Cintean was honored. He was mer U.S. Attorney for the Eastern introduced by Rich Dudeck, District, he was appointed to the who shared the stories surroundbench in 2010 by Governor Aring Cintean’s amazing string of nold Schwarzenegger. After servvictories achieved in 2017. At ing for years in the Criminal Home last count, Cintean recorded sevCourt and as a trial judge, he took en trials in a row achieving “not on the assignment of sitting in Deguilty” verdicts throughout the partment 8. Part of that assignment year. This is an amazing run of SCBA Indigent Defense Panel (IDP) Judge of the Year is presiding over what is known as Honorable Lawrence G. Brown & IDP Attorney of the success that attorneys do not ex“drug court.” After that assignment, m Year Alin Canteen perience often. Cintean started he also became involved in the opC/ (916) 825-9952 F/ (916) 525-8446 as an intern in the Sacramento eration of the mental health court County District Attorney office in 2003 and was an attorand went on to help create the re-entry court. These collaborato, CA 95814 www.genshlealaw.com ney from 2005 to 2010. He began private practice focusing tive courts are designed to provide resources and opportunities on Sacramento criminal defenseCounty in 2010.Public It was Law at thatLibrary time he joined to those charged with crimes, by participating and completing the SCBA IDP, and2015 has been a member since, representing clients programs monitored by the court. They serve individuals who who cannot afford to retain private counsel. Throughout the are veterans, have drug addiction issues, suffer from mental years, Cintean has demonstrated the skills necessary to behealth issues, and are struggling with re-entering society after come a successful trial lawyer. Cintean proudly accepted the criminal conviction. The programs are designed to help paraward and thanked his family and many colleagues for their ticipants become productive members of society who do not support and encouragement throughout his career. The IDP return to the criminal justice system. is certainly proud of his accomplishments, and he was well Judge Brown took to these assignments and developed MAGAZINE deserving of the recognition. a style and protocol which produced results. 163px -163px Ad He has created

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an environment where participants can be free from continuous criminal convictions. His temperament, wit, and sense of humor are injected into the environment of his courtroom. Judge Brown has demonstrated that he cares about participantsâ&#x20AC;&#x2122; re-entry into society, beginning a path to health and wellness. His ability to convey to the participants that they can succeed is a key to success in these courts. The attorneys whose clients are given the opportunity provided by the collaborative courts rely on the court to help give direction to their clientsâ&#x20AC;&#x2122; lives. The job is hands on, and no two clients are the same. Judge Brown has figured out that incarceration does not solve the issues facing many of those in the court system, and he understands how a little encouragement can go a long way. Judge Brown was inspired to pursue his career by a Santa Rosa junior college professor in a speech class, who pulled him aside and told him that he had a little talent as a public speaker. This inspired him to become an attorney and motivated him to give back to the many students and participants in his court over the years. Judge Brown humbly accepted his award and thanked and recognized his staff and court reporter as providing the work needed so that he could do his job effectively. Congrats, Judge Brown.

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DIVISION, SECTION, AND AFFILIATE NEWS

SCBA Barristers Division Update

he first half of 2018 is shaping up to be quite eventful! On February 8th, the SCBA Barristers Division joined the SCBA’s Probate and Estate Planning Law Section and the SCBA Solo/Small Practice Division and held a mixer at 58 Degrees & Holding from 5:30-7:30 pm. The event was free for members in the SCBA Section and Divisions, and included complimentary drinks and food, in addition to providing a unique opportunity to network and socialize with members from across

Connor Olson is the 2018 Barristers’ Media Chair and practices litigation in the Sacramento region. He can be contacted at connor@ cannonolson.com.

by Connor Olson

Sacramento’s diverse group of legal practitioners. The SCBA Barristers Division would like to thank the sponsors that came to support the SCBA Barristers Division: Benbrook Law Group, Capitol Digital, Remax Gold, and U.S. Bank. In March, the SCBA Barristers Division will hold its annual Bridging the Gap from Law School to Law Practice Seminar. As part of this event, the SCBA Barristers Division invites practitioners and judges from the community to provide new attor-

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | March/April 2018 | www.sacbar.org

neys with insight into areas of practice and the ethics of the profession. Topics typically covered include: civil practice, alternative legal careers, governmental practice, and transactional practice. In the spring, the SCBA Barristers Division will once again hold its Judicial Reception at Foundation Restaurant and Bar, honoring Sacramento County Superior Court judges, U.S. District Court Judges, and Justices of the Court of Appeal for their hard work, dedication, and contributions to the local legal community. The event also provides a rare opportunity for young attorneys to engage with members of the judiciary in a social setting. The event is traditionally well-attended by local members of the bench, attorneys, and summer associates of the SCBA Diversity Fellowship Program. Rounding out the first half of the year, the SCBA Barristers Division will hold its annual Law & Motion Seminar in May or June, wherein local Sacramento Superior Court Civil Law and Motion Judges typically speak candidly regarding the most effective law and motion practices. Please stay tuned for additional upcoming MCLE seminars and social events by checking the Sacramento County Bar Association’s Event Calendar. For information regarding sponsorship opportunities or event details, please e-mail Connor Olson at connor@cannonolson.com.

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At Mitchell & Mitchell, we’re with you every step of the way. Call 888-512-8878 to speak with Please fax back to (916) 564-3787 or email back to mail back to Deb Roberts at deb.roberts@sacbar.organ agent, or visit www.cna.com to learn more.

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EVENTS

Lisa Ryan is a part-

SCBA’s Party for a Cause

ner at Cook Brown, LLP, where she practices labor and employment law. She can be contacted at lryan@cookbrown. com.

by Lisa Ryan

SCBA Indigent Defense Panel (“IDP”) Judge of the Year Honorable Lawrence G. Brown & IDP Attorney of the Year Alin Canteen

he SCBA’s “Party for a Cause and a Celebration of Pro Bono” honors attorneys who have given their time and talent to advocate for those most in need. SCBA 2017 President Sabrina Thomas kicked off the festivities, recognizing the importance of pro bono work, especially for the elderly, victims of domestic violence, at-risk youth, and the homeless. Noting that access to the courts is

Sabrina Thomas, Senator Bob Wieckowski, and Mary Burroughs

a fundamental hallmark of democracy, the keynote speaker, State Senator Bob Wieckowski, said that although every lawyer has a professional responsibility to provide legal services to those unable to pay, State Bar surveys show that less than half of California law firms actively encourage it. That is the reason he authored a mandatory reporting, voluntary disclosure bill (SB 316) that would require attorneys to report to the

Hon. Steven Gevercer and Hon. James Mize

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | March/April 2018 | www.sacbar.org

State Bar their pro bono hours and financial contributions, choosing whether to disclose that information to the public. While that measure was held in Committee, he has pledged to continue to fight for increased legal representation for all Californians. In honor of such work, SCBA Pro Bono Committee Chair Jeff Galvin presented the Pro Bono Award to Ashley West of Carter West. Through her vision and commitment to the cause, West helped raise approximately $120,000 to start a legal aid pilot program for Women Escaping a Violent Environment (WEAVE), the primary provider of crisis intervention services for survivors of domestic violence and sexual assault in Sacramento County. Following the recession, the program was in dire need of rebuilding. “We hired lawyers, engaged volunteers, and helped victims untangle themselves legally from their abusers,” says West. The pilot program was so successful that WEAVE received its first

Tuesday, April 10, 2018 11am to 2pm

Centennial Reception

REACHING THE CENTURY MARK ~ SPONSORING OPPORTUNITIES ~ For information about sponsoring opportunities contact Deb Roberts at deb.roberts@sacbar.org or 916-564-3780

Jeffrey Galvin and Ashley West

federal grant and now has four lawyers on staff. West has been a member of WEAVE’s Board of Directors since 2005, even serving as Board Chair and President. Not one to rest, she sees the need for 40 attorneys and is asking the community to invest in the cause by working to raise $1,000,000 over the next three years to create a larger program that serves even more survivors of domestic violence. Presiding Justice of the Third District Court of Appeal, Vance W. Raye, presented the Sacramento Law Foundation’s “Access to Justice Scholarship” to Ruth Lindemann of the UC Davis Law Class of 2018. In recalling his own pro bono experiences early in his legal career, Justice Raye recognized the significant role that pro bono work can play in the community while also providing invaluable experience to the next generation of legal leaders. Californians seeking access to our judicial system are better off because of the work and dedication of those honored at the Party for a Cause who provide pro bono services in this region. As Senator Wieckowski noted, “By lending your legal skills to assist others, you reduce their worry, add clarity and help them gain the justice we all deserve.”

Judge Brian R. Van Camp Superior Court of CA, County of Sacramento (Ret.) •

Business & Commercial

•

Real Estate

• •

Partnership & Shareholder Disputes

• •

Member, AAA Panels on: Commercial & Complex Civil

Employment & Labor

(916) 515-8442 or VanCampADR.com www.sacbar.org | March/April 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

AI FEATURE

Brandon Jack is a law student at University of the Pacific, McGeorge School of Law. He can be contacted at b_jack1@u.pacific.edu.

What Are these Things that Appear on the Screen when You Sign on to Lexis or Westlaw to Do Simple Research? by Brandon Jack

ig data analytics is on the rise; with it comes new opportunities along with big market changes. What began as a public interest project meant to promote transparency in the law by providing lawyers with more data to reach better outcomes in court, has become arguably the most talked about legal research tool on the market today. The Stanford-based big data legal analysis company Lex Machina® teamed up with LexisNexis® to change the world of legal research by unveiling their new software, Legal Analytics®. Lex Machina®, originally a company that was acquired by LexisNexis® in November 2015, began as a legal analysis tool for the intellectual property law field. It has since expanded its searchable cases into commercial law as of June 20, 2017. The Lex Machina® team utilized the vast database of LexisNexis® case law and big data analysis tools to create a user experience that seeks to change legal research as we know it. Legal Analytics® is software that helps lawyers predict behaviors, patterns, and outcomes of different legal strategies by mining and organizing millions of court documents to give lawyers a simple overview of how specific judges and law firms handle specific types of litigation. This software has given lawyers the ability to make data-driven decisions, helping them develop winning strategies by organizing information about opposing counsel strategies and key decisions of specific judges. The Legal Analytics® software can consolidate large amounts of case and motion outcomes

into graphs to make spotting trends and developing new legal strategies simple for the everyday user. One of Legal Analytics® key features, “Motion Metrics,” maps each motion, identifies the party who filed the motion, which judge ruled on the motion, and how the particular judge ruled on that motion. Additionally, Motion Metrics puts all this information in graph format, which is key to helping the user recognize trends and prepare an optimized litigation strategy. The application of this software to any practice could save both clients and lawyers large amounts of time and money that would otherwise be spent on motions the specific presiding judge might be unlikely to grant. Imagine if you could advise your client that its motion for summary judgment had a 10 percent chance of being granted by Judge X based on the analyzed outcomes of hundreds of similar motions filed with Judge X. Such a low success rate would help the user determine whether to pursue this motion or go another route. This information would allow the user to devise an optimal litigation approach and focus on other key litigation strategies that are more likely to be successful. This access to information could give the user a leg-up over opposing counsel, establish trust with clients, and save time and money. Even though Lex Machina® has yet to implement all fields of law into the Legal Analytics® software, the technology is one example of AI with the potential to change the delivery of legal services.

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | March/April 2018 | www.sacbar.org

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17 9

COVER STORY

Ellen Arabian-Lee,

Attorneys Who Are Immigrants

Associate Editor, Sacramento Lawyer, and President, Arabian-Lee Law Corporation. She can be contacted at ellen@arabian-leelaw.com

by Ellen Arabian-Lee

Editor’s note – For the past several years, the March/April issue of this magazine has focused on introducing lawyers who are artists (2015), athletes (2016), and volunteers (2017). With immigration now a topic of national discussion and as a part of the SCBA’s centennial celebration of its rich diversity, we concluded that this was the year to introduce SCBA member lawyers who are themselves immigrants to the U.S. Sam Fareed grew-up in war torn Kabul, Afghanistan. Armed soldiers were everywhere, and the sense of helplessness he felt growing up drove him to become an attorney in the U.S. so that he could help others. “I was eight years old when I first witnessed the law being employed as an instrument of aggression. I grimaced as I observed Taliban tanks trekking through the streets of our neighborhood in Kabul, letting off gunshots as they celebrated their successful takeover of the capital.” He also witnessed how a country operates Family picture 1992 - Sam with without a legal system, his siblings before the Taliban and how the “little guy” take over had no voice. Shortly after the Taliban claimed Kabul, Sam and his family risked their lives to move to Pakistan, where they

1993 family photo - Sam is on the far left, with his brother next to him, their two cousins in the middle, and Sam’s middle brother at the far right

lived together in a small room. In 2002, Sam’s mother applied to the U.S. Embassy as a refugee, and the family moved to West Sacramento. Sam, the oldest of five children, always wanted to be a lawyer. He taught himself English so that he could be on his high school mock trial team and debate. He attended UCLA and then Pacific McGeorge. When Sam graduated and passed the bar in 2016, he took a lucrative job at a firm defending insurance companies, which he did not find personally fulfilling. After a few months, he left to open United Citizen Law, where he represents injured individuals in personal injury actions as well as criminal matters.

Gwenneth O’Hara was born and raised in Ireland. She lived in Lesotho from 1972–1979, during the height of apartheid. Growing up as one of three daughters, her mother made her aware of the importance of women’s rights and the push for equality. In 1988, when she was 18, unemployment had reached almost 20 percent in Ireland, and her mom told her dad, “I’m taking the girls, and we are going to America – you can come or you can stay.” Gwenn’s

Limerick, Ireland 1974 – Gwenn, age 4, on the left

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | March/April 2018 | www.sacbar.org

Maseru, Lesotho 1977 - Gwenn, age 7 (with the hat in the front) with her mother and father, grandmother, two sisters, and friend

dad decided to join them. Gwenn’s mom applied for a visa through the Diversity Immigrant Visa Program, a lottery system, and won. Gwenn’s family viewed America as the land of opportunity, and winning that visa seemed more beneficial than any amount of money, since with it came the hope for jobs, advancement, and opportunity. Gwenn’s family moved to Los Angeles and took any jobs they could get. Gwenn worked as a nanny, waitress, and doctor’s office assistant. They traveled by bus for three hours to get to some of the jobs. Gwenn started school at Pasadena City College and transferred to UC Berkeley. She had a threeyear-old son at the time. Influenced by injustices in her native country, Gwenn decided that she wanted to become a lawyer. She started law school at Boalt with a six-year-old and a sixmonth-old. Because of her childhood experiences and her passion for human rights, she worked at the International Human Rights Clinic at Berkeley. After passing the bar in 2000, Gwenn worked in corporate and energy law. In 2010, she opened her own law firm, California Power Law Group. She recently joined the Buchalter law firm as a shareholder and is chair of its Energy Practice Group.

Yuri Kvichko was born in the former Soviet Union and lived in the area which later became Ukraine. His family left the Soviet Union and came to the U.S. as refugees in 1991, shortly after the fall of the Berlin wall (1989), and three months before Gorbachev resigned and the Soviet Union dissolved. Yuri was 10-years-old at the time. Yuri had learned some English both in school and at home from an English instructor who came into his house while he lived in the Soviet Union. He recalls the trip to the U.S. as especially memorable, because right after he got over the jet lag, he was told, “remem-

ber that country you once came from? It is no more.” Yuri went on to earn his bachelor’s degree in chemistry from UC San Diego, around the same time as the biotech collapse. He decided not to pursue his Ph.D. in science and instead attended Thomas Jefferson School of Law on a full scholarship. He transferred to UC Davis, where he graduated and passed the bar in 2011. Yuri worked as general counsel for a company and now heads up his own law firm, YK Legal Services, where he focuses on busi- 1980’s in Soviet Union - Yuri in his school uniform with his mother ness law matters.

Eric Carin came to the U.S. in 2006, after being a private practitioner in the Philippines for over 10 years. He came from a family of attorneys, and he pursued law in the footsteps of his father. Eric’s wife was presented with a good work opportunity in the U.S., and the family, including two children, moved to San Francisco initially. The family lived in various locations in the U.S. before settling in the Sacramento area in 2010. As a foreign lawyer who had practiced law for more than five years abroad and had not attended a U.S. law school, Eric was eligible to practice law in only California and New York. He challenged the California bar exam and passed it in 2013. He currently works at Borton Petrini, LLP, where he practices family law.

Eric and his family, circa September 2005, Cebu City, Philippines

www.sacbar.org | March/April 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

COVER STORY

Alla Vorobets, the oldest of 10 children, came with her family to the U.S. from Ukraine in 1993 as a refugee, a few years after Yuri. She did not learn English in her school or at home, and her family had no opportunity to attend college because they were Christians. No Christians were allowed to attend college. Alla learned English in grade school in the U.S. In 10th grade, Alla was inspired to go to law school after watching a documentary in her history class about the civil rights movement and Thurgood Marshall preparing for his oral argument in Brown v. Board of Education. The images of African-American protestors who were part of the sit-ins and school children trying to walk into desegregated schools, while beAlla in the late 1980’s in the ing hosed with water and Ukraine yelled at, juxtaposed with Thurgood Marshall’s story and ultimate victory in court, resonated with Alla’s own experiences growing up in communist Ukraine. The documentary impressed Alla also because

Alla’s family photos right after they immigrated to the U.S. in 1993 – Alla is the oldest blonde child, standing next to her parents

she learned that the legal system in the U.S. was available for the repressed and wronged who could obtain a remedy. The legal system in the U.S. seemed fair and balanced to Alla, which was contrary to the system she knew in Ukraine. Alla graduated from UCSB, received her law degree from Santa Clara University, and passed the bar in 2008. She currently is the principal owner of Law Offices of Alla V. Vorobets, where she handles civil litigation matters.

Marzieh Shahed is an immigrant from Iran, who came to the U.S. four years ago. She was born in Iran in 1986, when her country was in a prolonged armed conflict with Iraq. For years, the on-going effect of everyday war on her life was hugely noticeable. When Marzieh was in secondary school, the U.S. entered a war with Afghanistan and later started bombing Iraq. Seeing people fleeing from these countries to a safer place inspired Marzieh to help them have a better life. She started teaching Afghan students in her home and later at a school that her father founded. By directly working with refugee-children, Marzieh was inspired to study immigration law. During that time, the competition to be accepted at a good university was tough. To be able to study law, she had to compete with more than 500,000 students for less than 500 seats. She was indeed accepted into one of those limited seats after passing the University Entrance Examination. She moved to England where she studied International Human Rights Law at Marzieh after graduating the University of Not- from Boalt tingham and obtained her Master’s degree in Human Rights Law. After getting her green card under the Diversity Immigrant Visa Program, Marzieh moved to the U.S. and attended the LLM program at UC Berkeley. She passed the

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | March/April 2018 | www.sacbar.org

Circa 2014, Marzieh in Washington DC shortly after arriving in the U.S.

bar examination in 2017 and is planning to practice law in the Sacramento area.

In 1985, at age eight, Catia Saraiva immigrated to Sacramento with her family from Porto, Portugal. They came to the U.S. in the pursuit of a better life and the “American dream,” which meant getting a good education and career. Her father’s first job in the U.S. was as a dishwasher at the Red Lion, and her mother worked at Taco Bell. They lived in a working-class neighborhood in South Sacramento. Catia learned English through bilingual teachers and aides who spoke Spanish, which was the closest language to Portuguese. Catia and her younger sister were the first in the family to attend college. Catia attended Cal Early 1980’s, Catia with her State Sacramento on a full younger sister in Porto before scholarship, and then at- they moved to the U.S.

Catia with her family standing in front of an old church in Portugal (Catia is the older sister)

tended Pacific McGeorge’s evening program while working full-time. She attended law school in order to help the “little guy/underdog” and currently is a partner at Dreyer, Babich, Buccola, Wood, Campora, LLP.

Larry Phan is not technically an immigrant, because he was born in the U.S. two years after his parents, who were “boat people” from Vietnam, arrived in the U.S., but his family’s story influenced who he is today. Under the cover of darkness during the twilight hours in the winter of 1979, Larry’s father, Thanh

www.sacbar.org | March/April 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

COVER STORY

Van Phan, and pregnant mother, Thong Minh Vo, led by Larry’s grandfather, sneaked out across a beach in Hue to a rickety canoe. They were joined by his grandmother and their family of 13; the youngest was three years old. Saigon had fallen and the American soldiers whom they harbored were long gone. If they did not escape, his family Larry and his father was destined for imprisonment or worse for having helped the Americans. As they were creeping across the beach, they were fired upon by a band of Viet Cong. Narrowly dogging bullets, they made it out to the China Sea, where they boarded a small fishing boat overflowing with dozens of other families trying to escape persecution. Over the next two weeks, their boat went adrift in the South China Sea. Food and water ran out, and there was not enough fuel to make it to mainland China. Many died from dehydration, hypothermia, and sickness, and Larry’s father nearly became mad. When all seemed lost, they were rescued by a Chinese commercial fishing rig. That was the beginning of Larry’s family’s arduous journey to the U.S. At the start of the War, Larry’s grandfather owned various estates and a large shrimping company in Vietnam. Larry’s father was attending medical school to become a physi-

Larry and his siblings

cian. They risked it all to be on the right side of history and to stand by their convictions and belief that all people should be free from tyranny and oppression. Having seen his parents’ and grandparents’ struggles and perseverance to establish a new life in a new country after losing so much, Larry learned to appreciate the tremendous importance of family and community and the value of one’s quality of life. Larry now represents individuals in personal injury matters at Dreyer, Babich, Buccola, Wood, Campora, LLP.

Sacramento Valley Paralegal Association Promoting the Paralegal Profession since 1978

What can SVPA do for your paralegal? www.svpa.org

MEMBERSHIP BENEFITS: • Tools and resources for expanding your professional network • Opportunities to attend SVPA’s dynamic continuing education MCLE classes including: • Monthly MCLE luncheons on a variety of relevant topics – often FREE for SVPA members • Yearly MCLE weekend event – including four hours of CLE ethics credits in 2018 • SVPA Publications • Weekly email announcements • Bimonthly newsletter, The Journal • Exclusive SVPA Job Board with job openings not posted elsewhere • Opportunities for personal and professional growth • Opportunities to contribute to the strengthening of the paralegal profession • FREE membership with National Federation of Paralegal Associations, with benefits including: • NFPA’s News You Can Use email updates • Subscription to the National Paralegal Reporter • Professional discounts with CEB, AFLAC, 1-800-Flowers and more

• FREE membership with California Alliance of Paralegal Associations, including: • CAPA’s quarterly newsletter RECAP • CAPA’s Resource Directory • Professional discounts with Dell, Macy’s, Harry & David and more • Access to Sacramento County Bar Association events and benefits, including discount membership • Paralegal and Student Shadowing Program (PASS) • Updates on news, laws and educational requirements in California and beyond • Social events including: • Yearly Holiday Party • Quarterly Meet-and-Confer networking nights • Community Service • Salvation Army Adopt-a-Family gift donation • Women’s Empowerment Clothing Drive for My Sister’s House charity

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | March/April 2018 | www.sacbar.org

Sacramento County Bar Association

Birthday Party Celebrating 100 Years of SCBA and the Legal Community

BarStock - 3 Hours of Fun, Peace & Music Featuring Live Music By Sacramentoâ&#x20AC;&#x2122;s Favorite Lawyer Bands! Festivities will include a Three Hole Putting Contest. A Long Putting Hole-in-One Contest. Festival Games and Prizes. Raffle Prizes and a Silent Auction. Hot Buffet Dinner with a Special 100th Year Birthday Cake.

SAVE THE DATE Monday June 25, 2018 5pm to 8pm Location:

Pavilion Tent Haggin Oaks Golf Complex 3645 Fulton Avenue Sacramento, CA 95821

Sponsoring Opportunities For Tickets or more info Visit:

www.sacbar.org/ event-calendar.html or call (916) 564-3780

Contact Deb Roberts at (916) 564-3780

www.sacbar.org 23

www.sacbar.org | March/April 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

THE DOCKET / OCTOBER 1986

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | March/April 2018 | www.sacbar.org

ALTERNATIVE DISPUTE RESOLUTION OF BUSINESS DISPUTES

Ken Malovos Mediator Arbitrator Referee 3620 American River Dr. Suite 260 Sacramento, CA 95864

(916) 974-8600 Business, Commercial, Construction Claims and Defects, Employment, Insurance, Intellectual Property, Malpractice, Probate, Product Liability and Real Estate Disputes. Calendar and further information online at: www.malovoslaw.com.

www.sacbar.org | January/Fe

ALTERNATIVE DISPUTE RESOLUTION OF BUSINESS DISPUTES

Advertiser: Ken Malovos Ad size: Quarter Page

Ken Malovos Mediator Arbitrator Referee 3620 American River Dr. Suite 260 Sacramento, CA 95864

Please fax back to (916) 564-3787 or email back to mburroughs@sacbar.org

Thank you!

www.sacbar.org | January/February www.sacbar.org | March/April 2018 || SACRAMENTO SACRAMENTO LAWYER LAWYER| |1918~2018 1918~2018CENTENNIAL CENTENNIAL

Advertiser: Ken Malovos

21 25

EVENTS

The Valentine Run/ Walk Puts the “Fun” in Fundraiser!

Julie Aguilar Rogado is the Deputy Director of Legal Services of Northern California. She can be contacted at jaguilar@ lsnc.net.

by Julie Aguilar Rogado

an unseasonably warm Saturday in February, Legal Services of Northern California (LSNC) hosted its fifteenth annual Valentine Run/Walk for Justice at Sacramento’s Country Club Plaza. Eight hundred runners and walkers registered to participate in LSNC’s annual fundraiser, supporting the organization that has provided free legal aid to low income northern California residents for more than six decades. LSNC’s Executive Director, Gary Smith, said, “The Valentine run is not only a vital source of financial support for LSNC, but it also gives us the opportunity each year to join with community members, and our friends and supporters in the legal community in particular, to celebrate the commitment of the Sacramento region to access to justice for our neighbors experiencing economic hardship and to personally thank our supporters for their generosity.”

Sponsored by more than two dozen local firms and practitioners, including major support from Gold

Sponsors Poswall White & Brelsford, Dreyer Babich Buccola Wood Campora LLP, Seyfarth Shaw LLP, Orrick, and

Galen Ferris, Office of the Attorney General, male winner of the Attorney Race, and Nick Fogg, Office of the Attorney General

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | March/April 2018 | www.sacbar.org

Hillary Hanson, Legal Services of Northern California, female winner of the Attorney Race

DLA Piper, the run is a health-conscious and family-friendly event welcoming runners, walkers, strollers and canine companions. The event raised nearly $40,000 in 2017, providing vital support that helped LSNC serve more than 14,000 clients last year. Congratulations to the overall winners of Sacramento’s Fastest Attorney Race, Galen Farris from the Office of the Attorney General, with a time of 21:14.94, and Hillary Hanson, from LSNC, with a time of 27:29.02. LSNC is the legal services organization serving low income community members, older adults and people with disabilities facing legal obstacles related to housing, healthcare, public benefits and civil rights. More than 50 advocates in eight field offices provide advice, assistance, and representation to clients who otherwise could not afford legal help.

Paul Starkey and his top fundraising team, “Gators 2018”

www.sacbar.org | March/April 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

EVENTS

Sujean Park is the East-

Volunteers Needed for Federal Court Programs by Sujean Park / Photos courtesy of Sujean Park

2017 Night to Honor Service keynote speaker Judge Connie Callahan

he United States District Court for the Eastern District of California needs attorney volunteers to serve as neutrals in its Volunteer Dispute Resolution Program and as pro bono counsel representing inmates who are pursuing civil rights claims. Voluntary Dispute Resolution Program The court seeks experienced attorneys to serve on a pro bono basis as neutrals in its Voluntary Dispute Resolution Program (VDRP). The VDRP Panel currently consists of approximately 110 attorneys, with the majority of volunteers located in Sacramento and the San Francisco Bay Area. The court hopes to significantly expand the number of panel members in Fresno and Bakersfield. The Eastern District has one of the heaviest caseloads in the United States. As a case management tool, the court employs various alternative dispute resolution (ADR) methods. The VDRP (described in detail in Local Rule 271),

ern District’s ADR and Pro Bono Program Director. She oversees the VDRP and Pro Bono panels, answers questions relating to appointment as counsel, facilitates client visits, assists with expense reimbursement procedures, and matches up less-experienced attorneys with mentor attorneys.

2017 Night to Honor Service Emcee Judge Mueller (second from right), presents the Joe Ramsey Award to M. Greg Mullanax (middle), with members of Joe Ramsey’s family (from left to right), Jenny Michals, Samantha Ramsey and Ben Ramsey

is one free ADR option offered to civil litigants. Referral is contingent upon the consent of all parties. Through the program, an experienced litigator is designated to meet with the parties to discuss the case and attempt to narrow the areas of dispute. The process often leads to settlement outside of formal court proceedings. The success of the VDRP depends on those who serve on the panel of neutrals. The court strives to match parties with prospective neutrals who have expertise in the area of law at issue. Lawyers interested in volunteering for the VDRP can complete training in one of two ways. A DVD (provided by the court) of a previous training session may be viewed, or alternatively, in-person training is scheduled on an as-needed basis. Civil Rights Pro Bono Panel The Eastern District has a disproportionately high number of prisoner civil rights cases because most of the state’s prisons sit within the Eastern

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | March/April 2018 | www.sacbar.org

District’s borders. The court has over 1,500 pending cases initiated by incarcerated plaintiffs who allege violation of their rights under the U.S. Constitution. Prisoner petitions comprise over 45 percent of civil filings in the Eastern District. In 1988, the court first organized a panel of attorneys available for appointment in cases filed by pro se inmate plaintiffs. The panel today consists of 352 members. The Civil Rights Panel attorneys are assigned to assist inmate plaintiffs with lawsuits challenging conditions of confinement or alleging unconstitutional treatment under 42 U.S.C. § 1983. All complaints are pre-screened by magistrate judges to eliminate frivolous cases and to identify cognizable claims. The court has identified certain times in the litigation process where it may be helpful to appoint counsel only for a limited purpose. Therefore, panel attorneys have the opportunity and option to accept a case for a limited appointment only. These limited appointments include appointments for drafting

former California Supreme Court Justice John W.a complaint, Preston. Together, or amending attending athey setsecured payments from oil companies tlement conference, or participating only in thedrilled trial. Attorneys joining the under panel that on federal lands can specify whether they aretoseeking full fraudulent leases related the Teaor limited purpose appointments. pot Dome Scandal. In 1942, Governor Prisoners Culbert Olson need namedassistance Adams asnavithe gating through the judicial system, Presiding Justice of the Third District, properly framing and discovering their making her the first female appellate cases, filing and answering motions, court justice in the state. Two years and responding to the give and take of before retiring for health reasons, Adtrial. Their lack of familiarity not only ams became the first woman to sit pro slows significantly the process for all tem on the California Supreme Court involved, but can lead to an otherwise (Gardner v. Jonathon (1950) 35 unwarranted forfeitureClub of a valid claim. Cal.2d 343). She remained the only Thus, the inmate-plaintiff, the court, female serve benefit as an appellate court and theto jury tremendously justice in California until Mildred L. when plaintiffs are represented. LilleInwas named associate the justice to addition to providing opporthe Second District in 1958. tunity for public service, the civil rights December 1975, panelIn provides attorneys withFrances experience litigating civil rights the Newell Carr became thecases first with woman prospect of obtaining hard-to-come-by to be appointed to the bench of the jury trial experience. Superior Court, Sacramento County. expect judge attorShe The also court serveddoes as itsnot presiding neys to bear all litigation costs. Attor-

before her elevation in 1980 to the Court of Appeal, Third Appellate District. While working to support herself during college and law school, Carr worked as a welder, a nightclub photographer, and a radio announcer. As a founding member of Women Lawyers of Sacramento, one of the highlights of Carr’s year was when she swore in the new WLS board where she always admonished that members Phillip Talbert presents Philip Ferrari strivethe to U.S. eliminate discrimination evwith Attorney’s Office award for public service erywhere, including the hearing room of the Senate Judiciary Committee. neys can request reimbursement of reaAmazing womenexpenses attorneys and sonable out-of-pocket as long jurists to work in Sacraas they continue obtain pre-approval. Attorneys mento, striving for justice while are requested to reimburse the fundatif tempting to shatter expectations and they obtain a costs award in the case. glass ceilings. The new Third District Historical Society to share the Recognition of hopes Volunteers stories of these remarkable women Attorneys who have volunteered for panel, and whocommunities, have acceptandeither all the many legal ed an assignment, been personalities, and have issues thatacknowlshaped edged by the Chief Judge at the Eastern our corner of California. District’s annual conference each year

Sources: •

Barbara Babcock, Woman Lawyer: The Trials of Clara Foltz (2011)

•

Elaine Connolly and Dian Self, Capital Women: An Interpretive History of Women in Sacramento, 1850-1920 (1995)

•

Shama Mesiwala, “First All-Female Panel Convened at the Third ApHeather Williams presents Scott N.Lawpellate District,” Sacramento Cameron with the Federal Defender’s yer (July/Aug 2012) pages 14-23, Office award 34. <http://www.sacbar.org/assets/ sincelaw_julaug_2012.pdf> 2005. Volunteers are (as alsoofrecogNov. nized the “Night to Honor Service,” 14,at2017) a reception at the court that the Federal •Bar Walter G. Reed, History ofChapter SacraAssociation’ s Sacramento mento County California (1923) has organized since 2009. • Louise Steiner, Annette Abbott AdFurther Information ams: California’s First Lady of Law If you are interested in volunteer<http://csus-dspace.calstate. ing (1972) for either program, or would like edu/handle/10211.9/1550> (as of additional information, please contact Nov. 14, 2017) Sujean Park at (916) 930-4278 or via email at spark@caed.uscourts.gov.

QUESTION EVERYTHING Are you asking the right questions? After 60 years in business, we have the answers: pearlinsurance.com/SacBar For more information, contact Christine Blackstun 855.465.0199 | christine.blackstun@pearlinsurance.com

162017-SR-PLL-MAG-PAD

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UNTY BAR AS S O

SACRAMENTO COUNTY BAR ASSOCIATION

ION

SAC

Breakfast Forum

SCBA EVENTS CENTER • 425 University Ave, Suite 120, Sacramento, CA 95825 CANNABIS SYMPOSIUM

Thursday, May 3rd, 2018 8:30am Registration and Breakfast SESSION 1: 8:45am – 9:45am TOPIC: Sex and Legal Ethics:

Previewing the Proposed New Rules of Professional Conduct SPEAKER:

Gregory T. Fayard BIO: Gregory T. Fayard is a partner in Freeman Mathis & Gary’s Sacramento office. Mr. Fayard is an accomplished civil litigation attorney whose practice includes defending professionals, including lawyers, legal ethics, State Bar defense, securities litigation, and premises liability defense. Mr. Fayard began his practice as a deputy attorney general with the California

N E W L A W S & N E W R E G U L AT I O N S

2 HOUR MCLE

Department of Justice, Office of the Attorney General. He then handled complex matters for 12 years at two respected Sacramento law firms.

SESSION 2: 9:50am-10:50am TOPIC: Substance Abuse

Issues in the California State Bar Discipline System SPEAKER:

Samuel Bellicini BIO: Attorney Samuel C. Bellicini is a solo practitioner in San Rafael, California. His primary practice emphasizes defense of State Bar cases, admissions, and general ethics advice. Mr. Bellicini is the 2015 and 2016 past President of the Association of Discipline Defense Counsel. He is a member of several local Bay Area Bar Associations, and is a member of The Other Bar. Mr. Bellicini has presented MCLE programs to many of these local bar associations and Inns of Court.

Friday, May 4th, 2018 8:30am Registration and Breakfast SESSION 1: 8:45am – 9:45am TOPIC: #MeToo: What Now?

**This is pending approval for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1.0 MCLE Ethics credit and 1.0 MCLE Substance Abuse Credit. The Sacramento County Bar Association provider #166 certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.

PRICING INFORMATION $50 SCBA Members $65 Non-SCBA Members $25 Court Staff / Students

2 HOUR MCLE

SESSION 2: 9:50am-10:50am TOPIC: “Six Time-Honored

Code of Ethics” that can Help Guide Decision-Making and Enhance Interactions

SPEAKER:

Jennifer Shaw

Rosalinda Randall

BIO: Jennifer Shaw is the founder of Shaw Law Group. A wellrespected expert in employment law for more than 20 years, employers rely on Jennifer to provide practical advice and counsel on a broad range of employment law issues, including wage-hour compliance, reasonable accommodation/leave of absence issues, and hiring/separation processes. She is a trusted advisor to HR professionals and leadership teams in a wide variety of organizations and industries.

1.0 MCLE Ethics Credit* 1.0 MCLE Substance Abuse Credit*

BIO: Rosalinda Randall focuses on helping businesses and individuals communicate and interact more effectively and respectfully so they can find greater success with a lot less drama. Rosalinda is a communication and social skills and business etiquette expert based in Northern California. Through her speaking and training experience, research, industry associations, continued professional development training and certifications including business etiquette, sexual harassment, and cultural communication, she has twenty years of experience listening to people from all walks of life.

1.0 MCLE Ethics Credit* 1.0 MCLE Elimination of Bias Credit*

**This is pending approval for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1.0 MCLE Ethics credit and 1.0 MCLE Elimination of Bias Credit. The Sacramento County Bar Association provider #166 certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.

PRICING INFORMATION $50 SCBA Members $65 Non-SCBA Members $25 Court Staff / Students

Register online at www.sacbar.org/event-calendar.html If you have any questions please contact Cecilia Rainey at cecilia.rainey@sacbar.org or 916-564-3780. This events are for SCBA members and invited guests. The SCBA reserves the right to refuse admission to anyone whose presence is unreasonably disruptive or who detracts from the safety, welfare, and well-being of other patrons, staff, and the establishment itself.

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | March/April 2018 | www.sacbar.org

Engaging Jurors Post-Trial in K-12 Civic Learning from the Attorney Side Continued from page 9 necessary to protect the civil, legal, and constitutional rights of those before them? Would they want the future jurors to share a commitment to ensuring that the parties before them are treated equally and fairly, regardless of their race, religion, ethnicity, age, country of origin, disability, sex, or sexual orientation? Do they want them to have critical thinking skills so that they can separate fact from fiction? Are the jurors going to be the type of individual who feels comfortable speaking his or her mind in a room populated by eleven other personalities? Should they be tolerant, patient and listen to all the evidence and the perspectives of other jurors before making a final, informed decision? I suggest they may wish to discuss their impressions, starting from the moment they got their jury summons, how they felt about it and then how it felt like to walk into the Courthouse, and then a courtroom, go through voir dire, listen to the evidence, and work with others in the jury room to reach a decision. I also suggest they may want to talk about the different roles played by the attorneys, expert witnesses, the judge, bailiff, court attendant, and court stenographer. I close by stating that even one such effort will be invaluable, and that the attorneys at the table and their clients join me in the request. The closing moments of a jury trial provide an opportunity to increase twelve-fold efforts to improve civic learning among our young adults and our experienced jurors represent an untapped source of that education. There is not just one way to extend the invitation and different trial judges in consultation with trial attorneys can and should make the conversation their own. It may well be that you, as trial attorney, will be the impetus for such a critical conversation. A starting point for raising the issue might include the following: • Discuss with the judge taking five minutes or so to talk to the jury about civic engagement after the verdict is rendered and before the jury is excused. Ask the Court to give counsel the general outline of what it will talk about, and then discuss any concerns or questions. Determine whether counsel and the parties want to be present. Address any concerns on the record. • Have the Court acknowledge the jurors’ contributions in participating in the jury trial process, recognizing that they have already given of their time, often resulting in great personal inconvenience. • Provide the Court with some useful statistics it might use, such as information or statistics about the current state of civic and legal education in local schools and throughout California. The Report By the California Task Force on K-12 Civic Learning, August 2014, is available online or by request at publicaffairs@jud.ca.gov. Updates and news about civics are also available from the CA Courts Newsroom. The information is available in English and Span-

ish. More information may be available from local school district reports and offices. • Let the judge know about local efforts to engage students in civic learning and what role, if any, you have played in these efforts. Explain why civic engagement is so important to our democracy and system of justice. • Invite each juror to have a discussion with one young adult they know. • Offer suggested discussion topics, like “What kind of juror would they want on a case if they were arrested for a crime and their freedom, personal, physical or financial well-being was at stake?” “What skills would they want jurors on their case to possess so that they could understand the evidence, and make the best decision possible working alongside others?” • Keep the invitation simple so that everyone, regardless of time constraints, work or personal circumstances, can accomplish it with little effort. Many local and state bar associations have recognized the importance of civic education about the courts and the jury system. What better way to get the word out directly to the citizens of our community than by asking those with recent experience to join in the effort in one small, doable way?

CIVIL APPEALS WRITS | LAW & MOTION Published decisions include: F.P. v. Monier (2017) 3 Cal.5th 1099 (civil procedure) Uspenskaya v. Meline (2015) 241 Cal.App.4th 996 (medical damages) Collins v. Navistar, Inc. (2013) 214 Cal.App.4th 1486 (liability)

Aaron S. McKinney

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www.sacbar.org | March/April 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

SESSION #1: 8:45 a.m. to 9:40 a.m.

ION

SAC

UNTY BAR

CANNABIS SYMPOSIUM N E W L A W S & N E W R E G U L AT I O N S

SAVE THE DATE Friday, April 20, 2018 8:30 a.m. to 5:00 p.m.

Registration and Breakfast starts at 8:30 a.m.

SCBA EVENT CENTER 425 University Ave, Suite 120 Sacramento, CA 95825

Full Breakfast, Hot Buffet Lunch, All-Day Beverages and Snacks, Door Prizes and Sponsor Networking Breaks Symposium Sponsor: Cannabis Symposium Emcee:

Holly Jacobson – Radoslovich

TOPIC: Prosecutions After Prop 64 • Changes in the Penal Code Felonies - Misdemeanors Misdemeanors - Infractions STILL felonies • How DA’s Prosecute Felony Prosecutions: Power Theft (overview of power theft case) Running a Drug House (overview of H&S 11366) Federal Prosecutions Forwarding State cases to Federal Government/Court Limits on F0ederal prosecutions (McIntosh) • Other Law Enforcement Tools Raids to seize & destroy Code Enforcement/Abatement • Other Things to Watch For/Misc Defendant’s criminal history Non-drug enhancements Impact on future marijuana licensing SPEAKER: Keith

Staten

SPEAKER BIO: Keith J. Staten was born at Travis AFB and raised in Vallejo, CA. He received two AA degrees from Solano Community College and a BS from San Francisco State University. He attended UOP McGeorge School of Law in Sacramento graduating in 1992. He currently owns his own Criminal Defense firm specializes in handling complex criminal litigation, DUI litigation, and DMV administrative licensing issues.

Shapiro, PC BIO: Holly Jacobson represents clients in all aspects of civil business litigation and entity formation, as well as managing regulatory and licensing compliance for the cannabis industry.

PRICING

8 hours MCLE Credit $150 Early Bird (registration must be in and paid in full by 4:30pm on March 16, 2018)

$175 SCBA Members $225 Non-SCBA Members After 4:30pm on April 6, 2018 the price will increase by $50 for both SCBA Members and Non-SCBA Members.

SESSION #2: 9:45 a.m. to 10:40 a.m. TOPIC: Cannabis

& Cannabis Related Litigation SPEAKER: Connor

Olson

SPEAKER BIO: Connor Olson has been practicing law in the Sacramento area since 2013. Prior to starting his own firm, Connor worked at large regional and national law firms, handling a wide array of business disputes in both state and federal courts. In the cannabis sector, Connor has successfully resolved claims relating to, among other things, breach of contract, wage and hour, landlord/ tenant, and the unauthorized use of intellectual property.

For those who cannot attend in person a video of the day will be available for $175 for SCBA Members and $225 for Non-SCBA Members.

SESSION #3: 10:50 a.m. to 11:45 a.m. Register online at: www.sacbar.org/event-calendar.html If you have any questions please contact Cecilia Rainey at cecilia.rainey@sacbar.org or 916-564-3780

TOPIC: Tax

Aspects of Cannabis in California

• Federal Tax Audits, Litigation, and IRS administrative guidance • Current developments in state and local tax

1918~2018 CENTENNIAL | SACRAMENTO LAWYER | March/April 2018 | www.sacbar.org

• Business entity structure issues and problems SPEAKER: Matthew

Carlson

SPEAKER BIO: Matt Carlson is an Associate Attorney with Wagner Kirkman Blaine Klomparens & Youmans LLP. His practice focuses primarily on tax matters. Matt has advised clients on a wide range of tax subject matters, including partnership, corporate, income, international, tax exempt, and estate and trust issues. Matt also has extensive tax controversy experience, and was previously an attorney for the IRS Office of Chief Counsel, where he represented the IRS in federal tax and bankruptcy proceedings. He has litigated hundreds of cases in the United States Tax Court, both on behalf of the IRS and taxpayers.

SESSION #4: 12:00 p.m. to 12:55 a.m. TOPIC: Can

cannabis related goods and services enjoy US Intellectual Property Rights? • Can cannabis related technology be patented?

• Can cannabis related trade marks be registered? * Can cannabis related copyright protected works be defended?

SPEAKER: Brad

Heisler

SPEAKER BIO: Brad Heisler is the principal attorney at Heisler & Associates in Roseville, California. He has over 25 years of experience helping innovators obtain legal protection for their intellectual property (IP) through patents, trademarks, copyrights and trade secrets. He is licensed to practice before the US Patent and Trademark Office (USPTO) in patent cases and has obtained over one thousand patents and trademark registrations (some of which have had a cannabis component), by navigating the particularities of this complex federal bureaucracy.

SPEAKER: Ariana

SESSION #6: 2:05 p.m. to 3:00 p.m. TOPIC: Development

Agreements: Agreements Between City and Cannabis Developers

CEQA Indemnification Finding suitable land and dealing with City Council SPEAKER: Matt

Smith

SPEAKER BIO: Matt splits his time between his offices in Sacramento and Willows (located at the entrance to the Mendocino National Forest). Matt was a Public Defender Investigator for 10 years before securing indigent defense contracts in Colusa and Glenn County. He has transitioned from criminal defense of cannabis cases to legal compliance. He currently coordinates between cannabis investors and local governments to secure local approval. Matt holds a degree in Economics and he minored in Russian Language. He is active in the community as a member of the Lions Club and Colusa Rural Firefighter Inc.

SESSION #7: 3:05 p.m. to 4:00 p.m. TOPIC: Legislative

Law Changes

in Cannabis SPEAKER: Captain Rich SPEAKER BIO: California Highway Patrol

SESSION #5: 1:00 p.m. to 1:55 p.m. TOPIC: Licensing

Business: The California Cannabis Risk Management Symposium; McGeorge School of Law: Executive Training on Cannabis; California Cannabis Courier Association: “Ask the Lawyers: What’s next in Cannabis Law? Local Licensing, Compliance, Taxes, and Employment.” Ariana organized and presented Sacramento’s first Cannabis Business Mixer in conjunction with CCIA. Ariana sits on the CCIA subcommittee for insurance. She is a member of the National Cannabis Bar Association, CCIA, and the National Cannabis Industry Association. She is a board member of Women Lawyers of Sacramento, and serves as an Attorney mentor for the McGeorge School of Law Moot Court Honors Board.

& Compliance

Van Alstine

SPEAKER BIO: Ariana is an attorney specializing in regulatory compliance and licensing for cannabis and healthcare clients, including business formation and defending regulatory enforcement actions. She also represents healthcare and cannabis companies in business disputes in state and federal court, as well as in arbitration. Recent speaking engagements include: California Cannabis Industry Association (CCIA), Risky

Desmond

SESSION #8: 4:05 p.m. to 5:00 p.m. TOPIC: What

is the Law –Cannabis Impaired Driving SPEAKER: California Highway Patrol SPEAKER BIO: California Highway Patrol

www.sacbar.org | March/April 2018 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL

Operation Protect and Defend, Sacramento County Bar Association and Federal Bar Association Sacramento Chapter Proudly Present 16th Annual Law Day Dinner Celebration 2018 DATE: Thursday, May 10, 2018 TIME: 5:30 – 8:30 p.m. PLACE: Sheraton Grand Sacramento Hotel, 1230 J Street, Sacramento Visit www.operationprotectanddefend.com for sponsorship opportunities Platinum Sponsors

Gold Sponsors

Hon. Patricia Wong (Ret.) & Tac Craven Patty Gregory

Hon. Frank C. Damrell, Jr. (Ret.)

Silver Sponsors

Bronze Sponsors

ABAS and ABAS Law Foundation • Capitol Digital & Califorensics Matheny Sears Linkert & Jaime, LLP • Porter | Scott Law Offices of Jill P. Telfer • Seyfarth Shaw LLP Medina McKelvey LLP • Hanson Bridgett LLP

California Lawyers for the Arts • Chi Soo & Eugene Kim JAMS • Hon. Elena J. Duarte Hon. Judy H. Hersher and Michael E. Hersher Hon. Deborah Barnes

Price: $65 per ticket. To reserve your place and/or sponsor a student, please RSVP online at www.OperationProtectAndDefend.com, by mail to Robyn K. Riedel at 7437 S. Land Park Dr., Ste. 138, Sacramento, CA 95831, or by email at opdlawday@gmail.com. All checks should be made payable to “Sacramento Federal Judicial Library & Learning Center Foundation.” No RSVP is finalized without payment. We invite organizations, companies, and individuals to consider sponsoring this wonderful event. Please email us to learn more about our four sponsorship levels. Name: __________________________________________________ Organization/Company: _______________________________________________________ Phone number: __________________________________________Email: _______________________________________________________________________ I wish to purchase: _________________ tickets at ($65 each) and donate ______________ student tickets at ($65 each) TOTAL purchase $ _________________ Attendee Name

Menu Choice (salmon, chicken, or vegetarian)

Attendee Name

Menu Choice (salmon, chicken, or vegetarian)

Since 1963

Marty Anderson Vice President

Lawrence H. Cassidy President

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SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

1329 Howe Ave., #100120 • Sacramento, 425 University Ave., Suite • Sacramento,CA CA95825 95825

SCBA Annual Meetin

Honoring Distinguished Attorney of the Justice Arthur Scotla

Installing SCBA Officers & Director Recognizing 100% Firms

REACHING

THE CENTURY MCLE Prior to Annual Meeting

MARK FREE for SCBA Members $100 for Non-Members

1 Hour Ethics - Topic: “Attorney Fees, Practically and Ethically”

Speaker: Kenneth Bacon of Mastagni Holstedt

DATE Monday December 15, 2

TIME 11:30 Check 12:00 Lunc

PLACE Sheraton Gra 1230 J Stree

10:30-11:30am

Requires Knowledge Beyond Our Years

Keynote Speaker: Keynote Speaker: Associate Justice Anthony M. Kennedy, Supreme CourtChief of the United Statesof California Justice Celebrate Our Centennial Reception, Luncheon, and Social with us on Tuesday, April 10, 2018 11am to 2pm

Tani Cantil-Sakauye

TicketHills information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for nonCA 95864 Sacramento, Arden Hills Lane, Resort, 1220 Arden After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or

www.sacbar.org visit#100, or Ave 564-3780 (916)1329 Association Barpayable: County Sacramento call the For more information call (916) 564-3780. Send checks SCBA, Howe Sacramento, C