1 B U L L E T I N of the San Bernardino County Bar Association Vol. 43, No Our 140th Year July-August 2015 From the President s Desk by Jack B. Osborn Enjoying a hamburger! Who knew there was controversy? It s a fine afternoon in July, and you are at the grill preparing the perfect hamburger... As you are putting that beautiful burger together, you may want to pause for a moment and give thanks to Richard and Maurice McDonald who in 1948 created the first assembly line burger and fries in San Bernardino. Almost at the same time, Harry and Esther Snyder launched the first In-N-Out Burger stand in Baldwin Park. Shortly thereafter, in 1950, Robert O. Peterson established Jack in the Box in San Diego. It took another six years for Karl Karcher to get Carl s Jr. up and running in Anaheim. As the saying goes; The rest is history. Fast food continues to dominate the restaurant scene in California even though the moniker, Fast Food, is viewed pejoratively by many Californians. The new buzz word is fast casual and most restaurants are getting on board with the addition of trendy items such as Greek yogurt and hummus (the new salsa ) to local menus. Now that the hamburger is grilled to perfection, and you are matching the ideal beverage, your thoughts might also turn to California law regarding how fast food restaurants operate. Just as California led the nation in the creation of fast food restaurants, it was also was at the forefront in franchising. A & W opened their first root beer stand in Lodi in 1920, and within a couple of years, A& W began franchising their formula for root beer as well as those iconic root beer mugs. We know that the traditional model for fast food franchises is based on mom and pop small business owners who frequently work around the clock to make sure that their business is a success. After a few sips of your refreshing beverage, and a couple bites of that exquisite perfection of a burger, you are probably (Continued on page 2) INLAND EMPIRE EVENTS SBCBA s Annual Meeting and Election of Officers & Directors State of the Court Presiding Judge Marsha Slough Thursday, July 16, 2015 at 12:00 noon The Hotel San Bernardino Please call the bar office at 909/ or go to $35 mbrs, $40 non-mbrs for MCLE & Luncheon: Grilled Chicken Alfredo; Orzo Pasta, Parsley and Butter; Fresh Seasonal Vegetables; Dinner Rolls with Creamy Butter; Garden Greens Salad. Chocolate Cake; Coffee, Decaf, Hot or Iced Tea..5 hour general MCLE. San Bernardino County Bar Association, California State Bar-approved MCLE provider #2813, certifies that this activity is approved for 0.5 hour of MCLE general credit by the Calif. State Bar. Mark your calendar for these Fall events Thursday, October 1, 2015 Nat l. Orange Show s Wine & Food Under the Stars Friday, October 2, 2015 Annual Bench-Bar Golf Tournament held at Shandin Hills Golf Club. The relaxing event of the year. (Info pages 12-13) Thursday, October 22, 2015 San Bernardino County Bar Association s Installation of Officers and Awards Banquet - held at The Hotel San Bernardino December 2015 Annual Joint Meeting with RCBA and the California State Bar President (date to be determined) (Call the bar office at 909/ for info on any event listed)
2 2 San Bernardino County Bar Association July-August President s Desk (from page 1) ready for some controversy. There is a heated battle taking place for the second year in Sacramento regarding legislation supported by the mom and pop franchisees to address what they view as predatory practices by franchisors. Assembly Bill 525 was introduced April 6, 2015 by Assemblymember Chris Holden (D San Diego) and Assembly Speaker Toni Atkins (D Pasadena) (D-San Diego), and is a modified version of Senate Bill 610 which was approved by the legislature in August, 2014, but was vetoed by Governor Brown. The Bill attempts to redefine the conditions that franchisors can terminate, renew or transfer franchised businesses. The proposed legislation stems largely because of a dispute between McDonald s and franchisee Kathryn Slater-Carter, and her husband, Ed. Since 1993, the two operated McDonald s restaurants in Daly City, and in 2011, corporate headquarters notified them that one of the licenses would not be renewed upon its expiration in 2014, meaning Slater- Carter could not sell the business. The only asset that could be sold was the equipment; after 30 years of successfully running a franchise, Slater- Carter had no equity in the business. Franchisees claim that in California franchisors can change the terms of a contract, and franchisees really have no choice. They must renew to protect their equity at whatever terms. Franchisees have no right to the name, their base of customers, and because of non-compete clauses, they cannot even use their set of skills in another business in the area. Last year s Senate Bill 610 proposed to limit the termination of a franchise agreement only to substantial or material breaches of contract. Governor Brown believed that this language was overly broad and new and untested which resulted in his veto. The new bill would prohibit franchisors from refusing to renew a franchise agreement unless the franchisee failed to substantially comply with the terms of the franchise agreement, and was given time to correct the violation. In addition, in the event of a termination for other reasons, the new bill would require franchisors to pay a fair value for the operation, or allow the franchisee to sell the business to another qualified operator. Presently, in the event of a termination or failure to renew, the franchisee can only be compensated at most for inventory. Big money has lined up on both sides of the issue. The labor union, Service Employees International Union (SEIU), as well as the national nonprofit American Association of Franchisees and Dealers, have funded media ads as well as a concerted press on the legislature and the governor. The California Chamber of Commerce and the International Franchise Association are on the other side of the bill. Opponents claim that existing California law is sufficient to protect franchisees, and franchisors claim that if they do not have a free reign to terminate franchises, they lose a powerful tool to ensure a nationwide system of quality and service. Finally, opponents claim that a franchise is essentially a contractual relationship for a period of time; franchisees should not expect that the contract will last longer than they signed on for. A franchise contract is similar to a lease; at the end of a ten year lease, you can t go to the landlord and say, You can t lease to anyone else. While a final vote by the Senate on AB 525 is expected in early July, another political storm is in the forecast regarding California franchises. Last year, Richard E. Griffin, Jr., general counsel for the National Labor Relations Board, issued a opinion letter stating that McDonald s should be considered a joint employer along with franchises regarding 43 labor complaints. McDonald s routinely weighs in on issues related to wage and hours with its franchisees when discussing renewal or termination of franchises. In addition, Griffin stated that McDonald s corporate office is involved in hiring and firing, and dealing with employee behavior which are tasks traditionally limited to employers. Franchisors believe that this kind of analysis will undermine the franchise business model, and harm the economy. The burger was delicious, and the beverage was certainly refreshing. After a greater understanding of the turmoil present in the management of our local fast food restaurants, it is probably time for another cold one. Enjoy the summer!
3 July-August 2015 The oldest continuously active bar association in California 3 You are Invited July 12, 2014 Richard T. Fields Bar Association 3 rd Annual Installation and Awards Dinner Ontario Airport Hotel 700 N. Haven Avenue Ontario, CA Cocktail Reception at 5:00 p.m. Dinner at 6:00 p.m. Cocktail Attire Tickets $70.00 per person Tickets can be purchased either: Online at: (nominal processing fee applies); or By mailing a check payable to: Richard T. Fields Bar Assn., P.O. Box 3716, Rancho Cucamonga, CA Sponsorship Opportunities Available Honorees: Judge: Hon. Jacqueline Jackson Attorney of the Year: Anthony A. C. Jones Community Service Member: Cynthia Smith For more information, please contact Belinda A. Handy at (323) or or Shumika T. R. Sookdeo at (951)
4 4 San Bernardino County Bar Association July-August 2015 San Bernardino County s Legal Roots By John W. Short Don Antonio Lugo is widely recognized as one of the founding fathers of the San Bernardino Valley. Born in Spain, he came to California as a soldier. At his discharge from the military in 1810, Don Lugo received a Spanish Land Grant and became the owner of the San Antonio Rancho, located in and around present day East Los Angeles. Early legal disputes during the Mexican occupation were often resolved by the owner of the ranch. In the more populated areas, the alcalde (similar to a mayor) would resolve the minor disputes. He would collect dos reales early court costs to pay for stationary and, if necessary, an escribano to report the case. The alcalde would listen to statements of the parties, consider the offered proof, inspect the premises or boundary lines, if necessary, or inspect an animal to consider and ascertain its identity. The decisions of the alclade were considered final and were never appealed. Don Lugo, though he could neither read nor write, served as the alcalde of Los Angeles from , and as a juez de campo ( judge of the plains ) from The more significant legal issues of the time were taken up formally in court. The Mexican laws of 1837 established a judiciary for the Territory of California, which was divided into judicial districts. The Court of the First Instance was comparable to our present day Superior Courts. The Territory s appellate court system consisted of four judges and was split similar to our present day Court of Appeal and Supreme Court. The four judges were divided into two benches: the junior judge sitting by himself on the second bench, known as the Court of the Second Instance. The three senior judges sat on the first bench, known as the Court of the Third Instance. Decisions of the Court of the Second Instance could be appealed to the Court of the Third Instance, and the latter decisions were final. In 1842, Don Antonio Lugo purchased the Rancho San Bernardino, a Mexican land grant of approximately 35,000 acres located in the modern day San Bernardino and Yucaipa valleys. Don Lugo struck a superb deal, acquiring the property for a reported $800 in hides and tallow. Don Lugo and his family built an adobe home near the present site of the Historic San Bernardino Superior Court on Arrowhead Avenue and at several other locations in the Valley. Rancho San Bernardino remained sparsely populated for the next 10 years. In 1846, the United States conquered the Mexican Territory of California. The interim California Republic existed until California s admission to the Union in Much of the existing court system broke down during this interim period and in 1849, the military governor of California called for the people to elect alcaldes to administer justice under Mexican law until a new court system could be established. In 1851, members of the Church of Jesus Christ of Latter Day Saints ( LDS ) purchased 35,000 acres of the San Bernardino Rancho from Don Lugo for $77,500. A large group of LDS members migrated from Salt Lake City and began building their community around Don Lugo s adobe structure in downtown San Bernardino. By late November 1851, nearly 100 houses had been built. For greater security, the settlers built a massive fort encircling much of the community, reportedly the largest fort then erected in all of Southern California. The LDS settlers spent their first two years focusing on the fundamentals to sustain themselves - food, water, and shelter - and then turned their attention to the greater needs of the community. During these early days of the settlement, legal disputes were generally resolved by the local church council. In 1852, San Bernardino County did not exist - it was still part of San Diego and Los Angeles counties. In the general election of 1852, the LDS settlers elected one of their own, Jefferson Hunt, as a Los Angeles County representative to the California State Assembly. At this same time, another settler, Daniel Thomas, circulated a petition supporting the creation of San Bernardino County from the eastern part of Los Angeles County. Assemblyman Hunt picked up the cause and introduced a bill to effect this change. The full Legislature supported Hunt s bill and with a speed unimaginable in modern times, the Legislature created San Bernardino County just months later on April 26, The legal community of San Bernardino County developed quickly thereafter. The new county held a special election in June 1853, and elected the first county judge, Daniel Thomas. Judge Thomas had no formal training in the law, but was considered educated by the other settlers and, apparently, the electorate. Two other settlers, John Brown, Sr. and Andrew Lytle (though some reports name Valentine Herring as the third person ), were appointed to serve as justices of the peace. These three members of the local judiciary comprised the County Court of Sessions, which also served as the governing body for the new county until the establishment of the Board of Supervisors in The Court of Sessions tried all felony criminal cases except for capital offenses punishable by death. The Court of Sessions also impaneled the County Grand Jury. Any party appealing a decision of the Court of Sessions had the matter heard by the County Judge sitting alone. The County Judge also had exclusive jurisdiction of the probate calendar. Judge Thomas served briefly, resigning his office in 1857; he returned to Salt Lake City with nearly 2,000 settlers at the request of Brigham Young for other Church business. A.D. Boren succeeded Judge Thomas and, like his predecessor, Judge Boren had no legal training, but was considered a man of fair education. Judge Boren served until he retired in January Henry M. Willis followed Judge Boren. Judge Willis then served as County Judge for eight years, until the State Constitution abolished the office of County Judge. The County Judges were complemented by District Court Judges created by the California Constitution. The District Court was the highest local tribunal embracing both civil and criminal causes. The District Court heard capital offenses and matters involving conflicts by members of the Court of Sessions. In 1853, San Bernardino County was part of the First Judicial District, which previously included Los Angeles and San Diego counties. Benjamin Hayes of Los Angeles served as the first district judge for San Bernardino County, sitting from Judge Hayes rode the circuit on horseback, carriage, and by the little steamer, Senator. Judge Hayes, unlike the county judges, was considered a man of wide learning and actually practiced as a lawyer before sitting on the bench. He could read and write Spanish with such competence that he held court in both Spanish and English, though he admitted he could not speak fluent Spanish. District Court judges were paid by the State. By an apparent oversight, the act creating the County of San Bernardino did not fix the salary of the county judges, so they were initially paid by the County. Until the Legislature addressed this omission in 1859, county judges were paid only $500 a year. Indeed, both Judge Thomas and Judge Boren served as postmasters at the same time to make ends meet. These early pioneer lawyers and jurists kept things going despite the odds. Then, on December 11, 1875, a group met and organized the San Bernardino County Bar Association the Oldest Continuously Active Bar Association in California. And the rest, so they say, is history. John W. Short is a Special Counsel with Brown White & Osborn, LLC in Redlands. He currently serves on the board of directors for the San Bernardino County Bar Association.
5 July-August PAST PRESIDENTS OF THE SAN BERNARDINO COUNTY BAR ASSOCIATION SBCBA President William Jesse Curtis Third Bar President by Michael Reiter William Jesse Curtis was the longest serving president of the San Bernardino County Bar Association, holding the position for 28 years. Mr. Curtis was at the organization meeting founding the Bar Association in 1875, and was elected its first Vice President. He took over in 1887, when his predecessor Judge Willis resigned during the reorganization and re-founding of the association. In 1915, Mr. Curtis resigned, requesting a younger man be named to direct the association. William Jesse Curtis was born on August 2, 1838 on a farm called Veraestau, near Aurora, Indiana to Israel Coleman Curtis and Mildred Holman. Mr. Curtis family moved to Iowa Territory in the 1840s and he attended Central College in Pella, Iowa from 1856 to He married Frances S. Coles on November 21, 1861 and together they had six children. Studying in his father s law office, Mr. Curtis was admitted to the Iowa bar on March 9, He left with his family in 1864 as part of the Pella Company, travelling overland by ox and mule cart to California. The Company left on April 12, 1864 and arrived in San Bernardino in December The Pella Company included Mr. Curtis family and others, including Nicholas Earp and Virgil Earp. While in San Bernardino, Mr. Curtis taught school until After teaching school and farming for awhile, Mr. Curtis was admitted practice by the District Court in San Bernardino in 1872, the California Supreme Court in 1873, and the U.S. Supreme Court on May 14, William Jesse Curtis father was a lawyer, and Mr. Curtis was the father of Judge Jesse William Curtis, who served on the California Supreme Court, and the grandfather of Judge Jesse William Curtis Jr., who served as a United States District Court Judge. Mr. Curtis practice was surrounded by future and former Judges including A.D. Boren (second County Judge); H.C. Rolfe (first Judge of the Superior Court), George Otis (fourth Superior Court Judge of Department 1), his son (sixth Superior Court Judge), and Frank Oster (fifth Superior Court Judge, Department 1) and State Senator John Satterwhite. He practiced law in San Bernardino from January 2, 1872 to August 2, 1908, his 70th birthday. Like his predecessors Byron Waters and Henry M. Willis, Mr. Curtis was active in Democratic politics in California. He ran for San Bernardino County District Attorney in 1873 and 1875, winning both times, and serving from 1874 to He was nominated by the Democratic Party for Congress in 1890, but was defeated by W.W. Bowers of San Diego. He also was elected and served on the City of San Bernardino Board of Education. He is sometimes referred to as Judge in newspaper accounts, but no record of such service could be located. Mr. Curtis resigned from the presidency of the Bar on July 26, 1915, in favor of Judge John L. Campbell, the man who defeated H.M. Willis in the 1888 election for Superior Court Judge. On his official retirement as Bar President, Mr. Curtis remarked: Brains alone do not make a man. Some are geniuses, but those that are the real lawyers are the men that work and work hard. That is the way that law is mastered, and the only way... William Jesse Curtis was killed when he was hit by an automobile at 7th and E Street in San Bernardino on October 12, 1926 during an evening walk near his home. He is buried in Mountain View Cemetery in San Bernardino. Curtis Middle School in San Bernardino is named in his honor. Next month, we discuss the fourth San Bernardino County Bar Association President, John L. Campbell. NOTICE If you wish to have an article, notice, or advertisement published in the Bulletin, please submit it to the bar of ice by the 15th of the month prior to publication month. Space for camera-ready ads must be reserved by the 10th of the month prior, ad copy submitted by the 15th. (Items submitted will be accepted depending on available space.)
6 6 San Bernardino County Bar Association July-August 2015 ICAPs 2015 FALL EDUCATIONAL CONFERENCE Half-Day MCLE Power Conference 2 hour of general & 2 hours of ethics September 26, 2015 RIVERSIDE CONVENTION CENTER th St, Riverside, CA :008:00 am.registration, and Vendors 8:009:00 am.session 1 9:2010:20 am.session 2 10:4011:40 am.session 3 12:001:00 am.session 4 1:001:15 pm.vendor Drawings Break & Vendors.9:00-9:20am, 10:20-10:40am, 11:40-12:00pm Continental Breakfast & Refreshments included 2015 REGISTRATION FORM Name: Employer/School: Business Phone: Home Phone: Fax: Street Address: City/State/Zip: CLA CAS ACP/CLAS ATTORNEY Payment enclosed $ General Registration Postmarked by September 15, 2015: ICAP Member: $50 Non-Member: $60 Student: $40 Late and Walk-In Registration: ICAP Member: $60 Non-Member: $70 Student: $50 REGISTER ONLINE: Return this completed Form and payment, which can be made by check or money order payable to ICAP. Mail to: ICAP, PO Box 143, Riverside, CA SESSION 1 GENERAL BRET CHRISTENSEN Litigation Research: Tips, Tricks, and Useful Information SESSION 3 ETHICS KATHRYN KONZEN, ESQ. Ethics of Social Media For centuries, libraries have been repositories of knowledge with scads of thick, dusty books. Good thing that over the years, libraries have evolved and, truth be told, the Riverside County Law Library has evolved more than most. In fact, the RCLL offers, in addition to the typical slew of thick books, a staff that is qualified to not only tell you where to go but how to get to where you need to be as well as a variety of other miscellaneous resources that are second to few and immensely useful to patrons of all ages and skills. Social media offers attorneys and law firms the opportunity to build credibility and trust, highlight expertise, and establish a memorable brand. Law firms, attorneys and support staff must take care to ensure that their online activities adhere to ethical and professional rules of conduct. This presentation offers best practices for successful use of social media, as well as practical guidance regarding situations and activities to avoid. SESSION 2 ETHICS JACK OSBORN, ESQ. Representing the Incapacitated Client: Ethical Considerations. This presentation will consider the dilemma that attorneys and staff face when the client becomes incapacitated during representation. SESSION 4 GENERAL ROBERT FONZI Investigating Law Enforcement Excessive Force Cases Mr. Fonzi will cover law enforcement training, with respect to the use of force, force options, rules of engagement, and threat assessment, as well as officers perception, and action vs. reaction time. Additionally, Mr. Fonzi will discuss how an officers experience, training, and knowledge play a significant role in the decision to use force and to what extent. Time permitting, Mr. Fonzi will provide an overview of actual cases, factors used in evaluating the use of force, lessons learned, and their outcome.
7 July-August 2015 The oldest continuously active bar association in California Windows Server 2003 Retiring by David Trueman Well, the time is here and Server 2003 is being retired by Microsoft on July 14, Microsoft will discontinue any support and more importantly no more security updates. Updates plug holes that hackers could use to compromise systems. It might not happen right away but hackers could find their way into an unsecured system. When that happens 2003 server will be vulnerable to data theft, virus, malware, trojans, key loggers. The only fix for this is a new server. Unfortunately, systems running 2003 don t have enough power to run a new operating system efficiently. The current version Server 2012 has much higher system requirements. Other Notable Retirement Dates: Windows XP & Office 2003: Retired Windows Vista & Office 2007: Apr 11,2017 Windows 7 SP1: Jan 14,2020 David Trueman 25+ years experience with installation, upgrade, repair & programming of pc systems SUCCESSFUL DUI TRIAL LAWYER - Practice Limited to DUI Defense - Extensive Knowledge Behind the Science - Trained in Field Sobriety Testing - Well Versed in DMV Licensing Issues - Referrals Accepted PATRICK J. SILVA ATTORNEY AT LAW 788 N. Arrowhead Ave. San Bernardino, CA From the Desk of the President of the HON. JOSEPH B. CAMPBELL AMERICAN INN OF COURT by Lisa DeLorme The closing meeting of the Inn year for the Joseph B. Campbell Chapter of the American Inns of Court took place at the Castaway Restaurant on June 10, Members enjoyed presentations by Presiding Judge Marsha Slough, who reported that the fiscal situation in the Courts is slowly improving, and Justice Manuel Ramirez, who gave a retrospective of his time on the Court of Appeal. At its closing meeting, the Inn also elected the following officers for the Inn term: President Jack Osborn Counselor Donna Connally President- Elect Donna Connally Vice-President Mark McGuire Secretary David Colella Treasurer Kevin Bevins Membership Chair Justin King Program Co- Chair Joseph Widman Program Co-Chair Anthony Sears Immed. Past Pres. Lisa DeLorme After the Summer break, the Inn will resume its regular Second Wednesday meeting schedule at the Castaway Restaurant, 670 Kendall Avenue, San Bernardino, California. The Inn will kick off the year with the October 14, 2015 meeting. The meeting will begin at 5:30 p.m., with a new member orientation at 5:00 p.m. Visitors and new members are welcome to attend. In the meantime, the Inn Board will be hard at work over the Summer coming up with a great slate of interesting topics and speakers for the new year! 7
8 8 San Bernardino County Bar Association July-August 2015
9 July-August Road Trip To LONE PINE B : C m is i Di I. An rs Lone Pine is located approximately 150 miles north of Adelanto on US Highway 395. It is situated in the Owens Valley and was the primary location for the movie Tremors. Tremors is a 1990 western monster film with a comedic edge in which the residents of a small town gradually become aware of underground worm-like creatures that move like fish and reach up out of the desert grabbing the town s residents as food. Ultimately the creatures cut off the residents from the outside world and they have to figure out how to get across the desert alive. The movie stars Kevin Bacon and a wonderful cast. I am a huge fan of the movie and I even own the Blu-Ray DVD version. When I learned there was a Film History Museum located in Lone Pine with a Tremors exhibit, my sister and I were off on our next road trip. While the mission of the museum is to preserve western film heritage, it is also dedicated to movies or scenes from movies that were filmed in the Lone Pine area that are not cowboy movies. I was amazed to learn that scenes from Star Trek V, Star Wars, the Postman, Gladiator, and Iron Man, just to name a few, were filmed in the Lone Pine area. And of course, Tremors, the whole reason for our road trip to Lone Pine. The Tremors exhibit consisted of movie posters, a video of cast member interviews, the hat worn by Michael Gross in the movie, a model of Mr. Chang s store, and the monster, known as a graboid, in all its gruesomeness. It was worth the trip! After buying our obligatory souvenirs at the gift shop we headed nine miles further north on US 395 to Manzanar. Manzanar National Historic Site was established in 1992 to preserve the stories of the internment of nearly 120,000 Japanese Americans during World War II and to serve as a reminder to this and future generations of the fragility of American civil liberties. (Manzanar pamphlet by the US National Park Service.) Manzanar War Relocation Center was one of ten military style camps where over ten thousand Japanese American citizens and resident Japanese aliens were confined during World War II. We decided to eat lunch somewhere along the 395 and as luck would have it we happened onto the Ranch House Café located in Olancha. The Ranch House Café is exactly what I expected a rustic road side café to look like both on the inside and the outside. It is lovingly maintained from the sweet yard art in the garden as you approach the entrance, to the crisp café curtains hung in the windows to the side yard which is part park and part museum of farm and horse riding equipment. On the inside there is wood everywhere from the walls to the largest wood ceiling beams I have ever seen. The food was delicious, the service was great and the atmosphere was rural, small town welcoming. After lunch we made our way to Lone Pine and the Film History Museum. The museum is dedicated to preserving the heritage and history of the cowboy in American western films and in particular those movies filmed on location in the Lone Pine area of the Eastern Sierra Nevada. The museum consists of 10,500 square feet of exhibits, an 85 seat movie theater and of course a gift shop. The exhibits and artifacts range from early silent movies, to singing cowboys, to Roy Rogers, to the Lone Ranger including the 2013 Johnny Depp release, to the 2012 Django Unchained. The Dentist Wagon from the movie Django Unchained sits in the lobby of the museum. The Manzanar Visitor Center is located in the former high school auditorium, the only original building still remaining at the site and built by those who were interned at the camp. The Visitor Center offers a media display which includes the showing of Remembering Manzanar, an award winning documentary as well as recordings of individual stories of those interned along with photographs and is presented under the theme, One Camp, Ten Thousand Lives; One Camp Ten Thousand Stories. There is also a 3.2 mile self-guided driving tour which circles the site highlighting historic orchards, rock gardens and a cemetery. One hundred fifty Japanese Americans died while interned at Manzanar, but only six are still buried in the cemetery. Along the driving tour are two barracks which have been reconstructed and recreated which you can walk through and observe the everyday living conditions which existed from 1942 until the camp closed in In 1988 the United States Civil Liberties Act granted a $20, payment and an apology to 82,000 former internees, but it seems to me there is no amount of money that can atone for the humiliation and degradation suffered by those interned at Manzanar. A realization I came to fully comprehend because of a road trip.
10 10 San Bernardino County Bar Association July-August 2015 Brian Brandt offers over 25 years of trial experience in catastrophic injury cases. We know that your reputation is on the line when you make a referral. the highest level of legal representation and personal referral fees on the cases we accept. ABOTA
11 July-August 2015 The oldest continuously active bar association in California July/August Almanac By: Tony Sears All times Pacific Daylight Time (PDT), which is minus seven (7) hours from UTC (Universal Time Coordinated). Blue Moon! Two Full Moons in July. The First Full Moon is called the Full Buck Moon and occurs on July 1, 2015, at 7:20 p.m. The newly Full Buck Moon will rise about 30 minutes later on the evening of Sunday, July 1 at 7:46 p.m. The second Full Moon in July occurs on July 31, 2015 at 3:43 a.m. rising about 16 hours later at 8:04 p.m. This is either a Blue Moon or the Thunder Moon, as this is the time of year for Thunderstorms. Under one definition of a Blue Moon, this second Full Moon in a calendar month is the Blue Moon. The other definition is a fourth Full Moon in a season (Spring, Summer, Autumn, or Winter). This second definition is much rarer in occurrence, leading to the term once in a Blue Moon. August Full Moon: Look for the full Green Corn Moon on August 28, at 7:22 p.m. Remember to torment your kids by reminding them that school starts next week! Sweet corn is full season. Try wrapping up the ears of corn in foil, with butter, chile powder, and squeeze of fresh lime juice. Cook on grill with whatever else you are grilling. Fortunately, the best meteor shower of the Summer, the Persieds, will unaffected by the Moon. It is worth your while to look up in the northeastern sky on the evenings of August 11 and 12. Look in the north eastern sky for Perseus, the Hero. Perseus is a character from Greek mythology, being a mortal son of Zeus and Danae. Perseus was deemed a hero for his exploits in defeating the Gorgon monsters, slaying Medusa, using the old reflection in the polished shield trick, and then rescuing Andromeda from the rock and the clutches of Cetus, the sea serpent. Perseus had all the cool gear, like the polished shield, an adamantine (think diamond hard) sword, winged sandals, a magic rucksack, and an invisibility helmet. He later gave Medusa s head to Athena, returned the gear, and married Andromeda. As his reward, the Goddess Athena placed him in a place of honor in the constellations, near Andromeda, Cepheus, and Cassiopeia. The Persieds shower is visible at north easterly sky after dark, but will get better as the evening goes on. Remember to make a wish! JULY/AUGUST RECIPES Here s a summer menu that is perfect for a hot summer day. The good thing is you can serve this in a pasta bowl or as a sit down dinner on the patio. You can also substitute that freshly caught Albacore, Yellow Tail, or Yellow Fin Tuna for King Salmon. King Salmon ala Antoine Alder/Cedar Plank Salmon. This is a traditional way to cook salmon. Try and get the best quality salmon you can, preferably wild King Salmon. You ll need a piece about 2 lbs., with the skin on. Lightly rub the salmon all over with olive oil and season with salt and pepper. You may also place thinly sliced lemons and/or fresh dill on the salmon. You need a clean, untreated Alder or Cedar plank, which I get from Barbeques Galore. You could also get a Cedar or Alder plank from a lumber yard, make sure it is not treated! Soak the plank for at least an hour in water. When the grill is ready, place the salmon, skin side on the plank. Place the plank on the grill, and cover. Cooking time is about minutes and the cedar plank will definitely start to get charred. Let it cool down for minutes. You simply serve 11 the salmon straight off the plank, either onto a serving plate or the pasta bowl. Fresh Basil Pesto. Many have asked for my classic Basil Pesto recipe. Here it is: You need about Basil leaves. Big leaves are better, a few stems are okay. You need 4 oz. of Pine Nuts, lightly toasted in a skillet or oven. Please do not burn your nuts. Immediately remove from pan and let them cool a good fifteen minutes. You will need 2-5 gloves of garlic, peeled. Some people whine about too much garlic, so you can find your own preference. You will need 1 1/4 cups of shredded or grated Parmesan (cow s milk) or Romano (sheep s milk) cheese. Please don t tell John Mannerino, I said this, but those triangles of cheese, Stella brand, from the market work fine for this dish. You can also get the shredded cheese Claros s in Upland. Save the really good cheese for something else. So, you put these four ingredients, with a splash of good olive oil, in the food processor. Process until fully homologated. Stop, and scape the sides. Start processor again and slowly add 6-8 oz. of good olive oil, perhaps even that really expensive extra virgin olive oil, until the mixture comes together in smooth paste. You now have a wonderful pesto. Try in on pasta with a chunk of grilled salmon. Try on a slice of parma or romano cheese. It goes great on a cracker (Ritz or big Cheezit) with a small dollop of goat cheese. Pesto needs to be kept covered and kept in the fridge, so it doesn t oxidize and lose that gorgeous green color. Heat is the enemy of pesto. If you want to include it a hot dish, like an omelette, pasta, pizza, or grilled fish, then add it last as you are plating. Pesto will last about a week in a sealed container in your fridge. You can also put it in ice cube trays, freeze it into cubes, and put the cubes of pesto in a freezer bag for up to six months. Store bought is okay, if necessary. Farfalle (Bow Tie) Pasta. Quick pasta lesson. Use a large pan. Taller is better. Fill the pan 2/3 full and get the water to a raging boil. When the water is at a full boil, heavily salt the pasta water. I use about 1 2 cup. It should taste like the ocean. Cook the pasta al dente. The vast majority of the salt will stay in the water, so, (pardon the pun), don t sweat it. The purpose of the salt is to cause the boiling point of your pasta water to be raised several degrees, which leads to properly cooked pasta that does not stick to itself. Drain the pasta, reserving the water for your garden in a bucket. Do not rinse. You can put the pasta back in the warm pan and add two (2) Tbsp. of butter, season with salt and pepper, stir and you are ready to go. In this recipe, you can actually cook the pasta whilst the salmon is resting. Fresh Green Beans. Totally worth the extra effort. Trim beans, cut in half and cook until al dente. (Not too mushy!). I used a steamer insert, 20 minutes, start to finish. Place cooked beans in a covered dish with butter, salt, and fresh cracked black pepper. The beans can go right in the pasta, pesto, and salmon. Fresh Berry Cobbler. Get some fresh Berries, Blackberries, Raspberries, Boysenberries, and/or Loganberries. Frozen will do in a pinch. Layer the berries on the bottom of a glass baking dish, and then cover with a box of white cake mix, not too thick. Then cover the cake mix with thin slices of butter, per cube. So, the top of the cobbler is covered in the cake mix and sliced butter. Bake at 350 F., about minutes, until crust is brown. Let cool for 10 minutes (if you can) and serve with ice cream. In the pasta bowl service, place your pasta in the bowl, add the green beans, add two tablespoons of pesto, toss, then add chunks of salmon. In the sit down service, you plate up, then serve the salmon from the plank to the plate. This dish will also yield an excellent lunch the next day. Wine Picks: Pinot Grigio or Pinot Noir. Call Pacific Merchants in Upland for further suggestions. Buon Appetito! Tony Sears
14 14 San Bernardino County Bar Association July-August 2015 SERVICES LEGAL SECRETARY IN UPLAND. Ellie s Legal Secretarial Service. Preparation of most court forms, Guardianships, Family Law, Probate, Evictions, Grant Deeds, Restraining Orders, Notary Public / NEED INVESTIGATIVE RESULTS? Stewart Investigative Services, Inc./S.I.S. Investigations Lic. Private Investigation Firm for 27 years - Criminal, Civil, Insurance & Corporate Investigations - (909) REAL ESTATE & APPRAISAL SERVICES-Specializing in Residential Properties Discreet professional w/ superior client / customer relation skills. Certified Appraiser 2001/ Real Estate Broker 1992 / Sales 1978 Expert Witness 2003 Grand Prix Fire/ Claremont (42 Homeowners) Cal- Poly Pomona BS 1989 & Chaffey College-AA 1984 Inland Empire Resident since 1959 J. A. Kent / Claremont, Ca or WORKERS COMP SPECIALIST: Free consult for clients injured on the job, or fired because they reported a work injury: Nancy Wallace LAW OFFICES OF GERARD R. DAGONESE and Conflict2Peace Ministries: Experienced attorney and Certified Christian Conciliator provides mediation, arbitration, and reconciliation services under the Rules of Procedure for Christian Conciliation. Contact Gerard Dagonese (909) for more information. LOCAL REAL ESTATE BROKER & CPA, Court-Appointed Expert and Receiver for Property Sales and Management, available to sell and manage properties for your Clients. Howard Friedman, Broker, CPA, Realicore, CPA FORENSIC ACCOUNTANT, Kathy Johnson. Business Valuations, Cash Flow, Separate vs. Community Prop. Tracing. Court-Appointed Expert, Receiver, Special Master. Call 909/ Fax W. Sixth St., San Bdno, CA DID YOU KNOW? Numerous factors can result in CPS reports that contain biased, skewed, or inappropriate conclusions and recommendations. If your client has had involvement with CPS and those records may be used in your case, contact me for a FREE consultation. New recession rates now in effect! Michelle Markel, MC: ; GOLDEN STATE MUNICIPAL PROCESS SERVICE- Fast, Efficient, Professional & Affordable service. Covering San Bernardino, Riverside, Orange & Los Angeles Counties. Nationwide service also available. We offer Court Filing, Skip Trace, Stake Outs, Special Handling and Rush/Same Day Service. Located in San Bernardino. Free proof of service filing in San Bernardino, Riverside, Fontana, Chino and Rancho Cucamonga courts. See our website at Golden statemunicipal.com. Phone- (909) CLASSIFIED ADS EXPERIENCED IMMIGRATION ATTORNEY Expertise in Criminal/Immigration Defense. ICE Holds? Immigration Bonds? Deportable Convictions? Immigration Court hearings? Call Today! Rogelio V. Morales, Esq Pierce Street, Suite 200 Riverside, CA (office) Serving Riverside & San Bernardino Counties Se Habla Español BOOKKEEPING services 15+ yrs exp. working in the legal field. For additional information please contact (951) or ROVING REPORTERS, Cert d Shorthand Reporters. We provide exp d., highly qual. crt reporters srvg all So. Ca.; LiveNote/Realtime hookup; video, interpreter service avail. We use latest in tech. incl. ASCII disks & condensed transcripts always free of charge w/your transcript. 25th year in business. 800/ CIVIL APPEALS, WRITS, MOTIONS: Crisp, cogent, thoroughly edited by 17-year civil practitioner. Pub. Calif. Sup. Court opinion; appellate & trial court briefs (pre- & posttrial motions); many successful summary judgment motions, oppositions. Am. Jur. Award Adv d Lgl Research & Writing. Superlawyers Rising Star. Member, U.S. Sup. Court. Law Offices of A. Gina Hogtanian. (818) Website: hogtanianlaw.com. COX INVESTIGATIONS: Criminal & Civil investigations. Evidence Photography. 25 years of investigative experience. Retired CHP. PI License # / FAMILY LAW - CIVIL LITIGATION ATTORNEY w/multiple years exp. avail. for depos and appearances including federal court throughout SO CA. Please call Shauna M. Wickham - 951/ FAMILY LAW - CIVIL LIT. ATTORNEY avail. for contract work: court higs, research, trial assist., prep of motions, mediations. Ugo-Harris Ejike: 909/ CIVIL AND CRIMINAL APPEALS & WRITS. Stanley W. Hodge, Attorney at Law Civic Dr. #204 Victorville, CA / EXP D FAMILY LAW PARALEGAL/ Legal Secretary available on a contract basis. For immediate assistance, call (951) or M ichael B. Lynch Polygraph Examiner Since 1974 Primary Instructor APA Accredited School BS Criminal Justice / MA Public Administration Twenty-Three Years Experience Law Enforcement Criminal Defense Civil Litigation Dispute Resolution & Arbitration Sex Offender Issues (951) FOR SALE FOR SALE: California TRG Federal practice guides: Civil Procedure Before Trial, Civil Trials and Evidence and Ninth Circuit Civil Appellate Practice, all updated and current $ for all 8 volumes. E. Wallace Dingman, Klute & Newton / 1030 Nevada Street, Suite 104, Redlands, California Please call me at (909) FOR SALE: Office computers, fax machines, chairs, credenza, book cases, desk, filing cabinets, paintings. Call 909/ or (cell) 909/ EMPLOYMENT LOBB & CLIFF, LLP IS LOOKING for a four to eight year lawyer to handle real estate and business litigation. The position requires experience in drafting and responding to discovery and law and motion matters, taking and defending depositions, arguing matters in court and trying cases. This position is available in our Riverside, Murrieta and Orange County office. Candidate must be able to attend meetings, etc. at all locations if needed. L&C is a small business firm representing companies located in Southern California.Please send resumes to Susan Lowrance, Office Manager via address RIVERSIDE LITIGATION ATTORNEY OPPORTUNITY Available opportunity in Riverside office for a litigation attorney to join Varner & Brandt s litigation team. Potential candidates must possess a strong background in litigation matters (at least 3 years of insurance defense, business litigation and/or labor/employment). Excellent written and oral communication skills required. Please response and resume to PLAINTIFF PERSONAL INJURY AND EMPLOYMENT Law firm located in San Bernardino is seeking Legal Secretary with 10 plus years experience. Must have excellent typing and computer skills. Knowledge of Civil law procedures, forms and deadlines a must. Salary commensurate with experience. Please resume to: OFFICE SPACE - Victorville Legal - Executive Offices to 260 Sq Ft - Conference/Deposition Room Common Receptionist - Courthouse Close Call Kris (760) FOR RENT in DOWNTOWN SAN BERNARDINO: 3,500 square feet office building, single story with plenty of parking located within walking distance to the Court. Available July 1st, between 4th and 5th St., drive by 472 N. Arrowhead to see if you like location, call to make appointment to view. Howard Friedman, Broker, CPA, Realicore, FOR RENT: Three separate offices for rent at $ per month each. Includes reception, coffee service, access to a conference room, internet and alarm. Room for support staff at an extra charge. Great start-up office! Jersey #450 Rancho Cucamonga. About a mile from the Rancho Court and law library. 909/ BANNING OFFICE FOR RENT - $1,200 per mo. Three offices, lobby with fireplace, small kitchen, bathroom. Handicapped walkway and bathroom. Large parking area. Call (909) and ask for Ben. NOTICES NEEDED IN NEEDLES: Free (or LOW COST) Law Books for local attorneys to use. Specifically, Bender s Forms of Pleading and Practice and Bender s P s & A s. Older volumes (3 years or so) ok. Contact Barbara Beard, or You may contact the SBCBA for pick up or drop off. 909/ or CONFIDENTIAL HELP! Judges & Attys in trouble w/alcohol, drugs. 800/ ; 909/ , 24 hrs-7 days a week. SBCBA Members: Advertise FREE for 6 mo. in Classifieds. Continue ad for $10 per month in advance. Non-members $10 a month in advance. 909/ or
15 July-August 2015 The oldest continuously active bar association in California 15 E x e c u t i v e S u i t e s I & I I Anacapa Rd Victorville, CA Receptionist available during business hours Reception area for your clients Conference room Mail Service Ample Parking Close to City Hall, Court House & the I-15 Our goal at Executive Suites is to help you in devoting your time to business. Suites range from 100 to 250 sf. Janitorial and utilities included. All tenants have access to conference room. Copier and fax machine are available at a per item charge. All offices are wired for internet and phone. For more information contact Winchester Properties IV, LLC WE COOPERATE WITH REAL ESTATE BROKERS
16 16 San Bernardino County Bar Association July-August 2015 BULLETIN of the San Bernardino County Bar Association California s Oldest Continuously Active Bar Association Organized December 11, 1875 In Affiliation with the High Desert Bar Association Board of Directors OFFICERS Jack B. Osborn President Victor J. Herrera President-Elect Bradley R. White Vice-President Hon. Diane I. Anderson Secretary-Treasurer Kevin B. Bevins Immediate Past President DIRECTORS-AT-LARGE Joseph Fitzgerald Kerrie C. Justice Barbara A. Keough Eugene Kim Justin King Michael Reiter John W. Short Sandy L. Turner Francisco T. Silva, Scott M. Rubel, Don Featherstone Darla A. Cunningham, Donald F. Cash Workers Compensation We have over 70 years of experience in representing injured and disabled workers before the Workers Compensation Appeals Board and Social Security Administration. If you have clients who need help with Workers Compensation or Social Security problems, please have them call our office for a free consultation. We pay referral fees in accordance with State Bar Rule 2-200(A). WORKERS COMPENSATION LAW CERTIFIED SPECIALISTS STATE BAR OF CALIFORNIA / BOARD OF LEGAL SPECIALIZATION Lerner, Moore, Silva, Cunningham & Rubel Ph: 909/ Fax: 909/ North Arrowhead Avenue, Suite 1 San Bernardino, California or Social Security Disability Issue? MAYBE WE CAN HELP! Executive Director Claire E. Furness The mission of the San Bernardino County Bar Association is to serve its members and the community and improve the system of justice. 555 North Arrowhead Avenue San Bernardino, CA (909) Fax: (909) Web: The Bulletin of the San Bernardino County Bar Association is published 11 times a year. Our circulation is approximately 1,100, including: our bar membership of 900, 95 state and federal judges, state &local bar leaders, legislators, media, and businesses interested in the advancement of our mission. Articles, advertisements and notices should be received by the bar office no later than the fifteenth of the month prior to the month of publication. For current advertising rates, please call the number listed above. Please direct all correspondence to the above address.
B U L L E T I N of the San Bernardino County Bar Association Vol. 41, No. 12 Our 138th Year October 2013 From the President s Desk By Kevin B. Bevins Seeking divine and inspired wisdom for a clever contribution,
B U L L E T I N of the San Bernardino County Bar Association Vol. 38, No. 7 Our 135th Year May 2010 From the President s Desk by Thomas W. Dominick In Memoriam - Edwin C. Butler It is with a heavy heart
B U L L E T I N of the San Bernardino County Bar Association Vol. 37, No. 8 Our 134th Year June 2009 From the President s Desk by Michael A. Scafiddi Several weeks ago, I had an opportunity to speak on
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