New Lawyer THE THE LIST OF THOSE WHO PASSED BAR EXAM INSIDERS DEBUNK MYTHS ABOUT TEST PLUS: SAMPLE ANSWERS AND PERFORMANCE TESTS

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1 Supplement to the Daily Recorder and Los Angeles and San Francisco November 20, 2012 THE New Lawyer THE LIST OF THOSE WHO PASSED BAR EXAM INSIDERS DEBUNK MYTHS ABOUT TEST PLUS: SAMPLE ANSWERS AND PERFORMANCE TESTS

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3 New Lawyer TABLE OF Contents Bar exam insiders debunk myths about test Thinking outiside the box Recruiter Valerie Fontaine discusses finding employment in the current economy. Taking the law to the streets A LOOK AT THE Numbers 55.3% of applicants passed the July 2012 California General Bar Exam 74.2% of the 8,737 applicants were first-time takers 68% of the 6,485 first-time applicants passed 18% of the 2,252 repeat takers passed Breakdown by school type 77% of first-time takers who attended a California ABAaccredited school passed 64% of first-time takers who attended an out-of-state ABA-accredited school passed 32% of first-time takers who attended a Californiaaccredited school passed 14% of first-time takers who attended an unaccredited fixed-facility passed 30% of first-time takers who attended a correspondence school passed 29% of first-time takers who attended an unaccredited distance-learning school passed How to take law firm diversity from planning to practice Q & A Six questions and sample answers from the July 2012 California State Bar Exam. Performance Tests List of those who passed A complete list of those who passed the July 2012 California State bar Exam. Lawyers exam 35% of the 435 lawyers who took the attorneys exam passed 1 of the 25 disciplined lawyers who took the exam as a condition of reinstatement passed Gerald L. Salzman Publisher David Houston Editor Hannah Mitchell, Craig Anderson, Jill Patton, Jason Armstrong Associate Editors Cosette Macari Designer Don DeBenedictis, Connie Lopez Staff Writers Audrey L. Miller Corporate Display Advertising Director Len Auletto, Michelle Kenyon, Monica Smith Account Managers Kari Santos Display Advertising Coordinator Kathy Cullen Art Director The Daily Journal is a member of the Newspaper Association of America, California Newspaper Publishers Association, National Newspaper Association and Associated Press November 20, 2012 Daily Journal Supplement 3

4 W hen Simon A. Budhwani took the California Bar Exam a couple of years ago, he heard all of the terrifying tales: Graders read answers to essay questions on buses, in bars and at Giants games. They tear through answer books and slap on grades in 2 minutes each. Everybody hears stories, the young Irvine lawyer said. There are others stories, too, ones asserting a lone grader with the flu or trouble at home can spike wouldbe lawyers career plans. Or that the folks who write the exams try to trip up bar applicants to keep down the number of lawyers. None of them are true, according to the people in charge. We don t try to trick anyone, said Gayle E. Murphy, the State Bar s director of admissions. Those who write and grade the bar exam recognize it is a high-stakes, professional licensing exam, so they try to make it as fair as possible, said Erica Moeser, the president of the National Conference of Bar Examiners, which creates the multiplechoice portion of the California test. Which raises the question: How do they do it? How do they write questions, grade answers and make results consistent? Based on interviews with those who ve done it, here is an explanation of how the bar exam comes together. Questions The California Bar Exam has three types of questions essays, performance tests (which are also essays) and multiple choice so writing the questions requires three slightly different processes. But the basic approach is the same: Outsiders submit potential questions, insiders edit and re-edit them, and others test out answering them. The essay questions on substantive areas of law generally are written by law professors from outside California solicited by Murphy s office. Niels B. Schaumann, the dean of California Western School of Law, wrote some when he was a dean in Minneapolis. But UC Irvine School of Law Dean Erwin Chemerinsky never did, even when he was teaching in North Carolina. He said he and bar staff agreed there would be a conflict of interest because he also teaches for the bar review course BAR/BRI. Writers are paid $500 when they submit questions and an additional $400 for each question that s used, Murphy said. A special team of practicing lawyers, academics and some bar staff write performance test questions. Each question comprises an assignment, a mock law-firm case file and a library of faux court decisions on point, so putting together each package takes at least 40 hours, said Jean C. Gaskill, a mediator in Alameda who wrote and edited exam questions for 35 years. It s like writing a little short story, said Joseph D. Harbaugh, a law professor at Nova Southeastern University in Florida. Gaskill and Harbaugh were members of the team that originated the performance tests in the mid-1980s. They said ideas for questions can come from appellate decisions, group discussion or real life. Harbaugh once wrote a question about sunken treasure based on a news story, Gaskill said. The National Conference of Bar Examiners uses six teams of experts to write the multiple-choice questions on the Multistate Bar Exam, one for each substantive law area on the test. Most of the experts are professors, but some practitioners and judges bring a reality check to the process, Moeser said. Our goal is testing what a new lawyer needs to know practicing in the real world, she said. Editing 4 Daily Journal Supplement November 20, 2012 THE New Lawyer Bar Exam insiders debunk myths about test By Don J. DeBenedictis Daily Journal Staff Writer For all three types of questions, editing comes next rounds and rounds of editing and re-editing by various drafting teams. For the California essay questions, the Examination Development and Grading team of senior bar graders, or edge team, does the work. They look for ambiguities, check legal correctness, make sure a question isn t too broad or too narrow and so on. Those things are edited to death, Gaskill said. A major check on whether a question works is how it does in pretesting. Young lawyers try to answer potential California essay and performance test questions under nearexam conditions. Their answers and any problems they encounter fuel further editing sessions. For the multiple-choice questions, bar applicants from across the country pretest several potential future questions as part of taking the real MBE. Those questions look real but don t count in anyone s final score. Questions that most people get right or that most people get wrong at pretest go back for more editing. After all, Moeser said such questions won t distinguish competent from not so competent bar applicants. In California and at the national conference, edited questions go into storage banks by topic and type to be brought out when the need for a particular variety of question arises. When selected to appear on a particular exam, questions are revetted and if they re at all old, checked to ensure the law involved is current, Gaskill said. Selection involves balancing, Murphy said. Which questions go well with each other? Which performance questions pair well with the essays? What topic 13 subjects are up for grabs on the California essays hasn t been tested in awhile? Harbaugh said the performance test often includes one question requiring objective analysis of a legal problem and another calling for advocacy of a position. In California, members of the State Bar s appointed Committee of Bar Examiners join in as 19 extra sets of eyes to check for question clarity, appropriateness and so forth, Murphy said. Once the committee approves the exam, it s ready to bedevil law school graduates. Graders Giving the bar exam is a huge administrative nightmare that doesn t affect who passes, recurrent complaints and litigation about testing conditions notwithstanding. But for would-be lawyers, hopes and dreams next lie in the hands of the anonymous graders. Computers grade the Multistate Bar Exam, but who grades the California essays? How were they chosen? What do they do? Is the process really fair? The basic requirements are posted on the State Bar website: They must have been California lawyers for at least a year who passed the bar exam at least on their second attempt. They should live in the broader San Francisco Bay Area so they can attend regular, daylong meetings. People affiliated professionally with a law school or review course are ineligible. They come from private practice, courts, government offices and public-interest firms, Murphy said. Many return exam after exam, and some have been grading for 10 or 15 years or more. It was interesting, said Susan K. Horst, a research attorney at the 1st District Court of Appeal who graded in the mid-1990s. It was public service. For each exam, graders are split into eight groups, one for each essay and performance question. Each group includes 11 graders and three apprentices (who don t grade), with someone from the edge team in charge. Before their first meeting, the graders and apprentices write answers and detailed analyses of the group s assigned question, looking for any problems. Calibrating Next begins the process known as calibration. Graders spend a Saturday comparing and debating their analyses and individually grading 15 real answers. Next, they compare their grades and seek consensus on which issues matter and how much. As a group, they decide the best grade for each of the 15 answers. By the end of the day, you really are within five or 10 points of each other, Horst said. They go through a similar process a week later and do it all again after a month of real grading, just to ensure they re still all in sync. But that isn t the only check on consistency. Horst said graders also are regularly notified of their Z score, a statistical comparison of the grades they ve assigned to the overall pattern of grades from their question group. They re consistently monitoring you, she said. Which refutes one applicant fear: I think if somebody were grading drunk, it would show up in their Z score, Horst said. Grading More than 8,000 people take each July bar exam in California, which means each grader must read about 750 answers. They get the answers in batches of about 100 answer books computer-written answers are printed out which they must go through in about a week to 10 days, Murphy and Horst said. Then, they get another box of answers. The rules say they cannot grade in public places. As for grading on buses or in bars, I m not saying it hasn t happened, Murphy said. They re instructed to only grade at home. They do work quickly. After going through dozens of answers to the same question, a grader often can spot very strong or very weak answers in a minute or two, according to former grader Horst. But others take more time. You spend as long as it takes. Contrary to another cynical applicant worry, graders can t make more money by rushing and asking for more work. They all get the same number of books. Horst said the pay amounts only to mad money anyway. For the recent July exam, graders received $725 for participating in the three daylong calibration sessions and $3.10 for each essay answer they graded, according to Murphy. Those grading the longer performance questions received $3.60 per answer. As they do their grading, what do graders look for? They want answers that show understanding of the majority of issues the grading team identified. Sometimes you pick up a book, and literally the concepts jump out at you, Horst said. Other times, it reads well, but you realize the person doesn t have a clue. They don t grade on writing quality or on the use of headings, outline structure or formatting. But those don t hurt, either. Anything that will help the grader is worth doing if there s time, Horst said. She advises law students to start with an outline and then flesh it out. If time runs out, she said the bare bones of an outline might just provide a few points. The most common error bar examiners and graders see is not answering the question that s been asked. Test-takers regularly miss the call of the question, Murphy and others said. Unfortunately, there s always a number of people who take the wrong side of the argument. Scoring The California essays and performance test are scored in five-point increments from 40 to 100. If someone takes a stab at answering a question and misses badly, he or she gets 40. If the applicant doesn t even try, he or she gets a zero, which in State Bar parlance is a dash. There is no passing grade set for any written question, though hitting the main points generally merits a 70 or 75, according to Horst. What counts as passing or not passing is calculated later on each applicant s overall product. Here s how: Each applicant s score on the written questions is summed. The scores for performance test answers are doubled, since they re longer and take three hours to answer, rather than one hour. That total is adjusted up or down according to a formula pegged to the overall results on the Multistate Bar Exam. Called scaling, the goal of the process is to keep grading consistent from exam to exam, whether relatively tough or easy. The MBE itself is scaled based on equater questions that are repeated from previous iterations of the test. Equating, according to Moeser, is a black art best understood by the national conference s Ph.D. psychometricians. An applicant s overall final score is the total of 65 percent of his or her scaled writing score plus 35 percent of the scaled MBE score. To pass, an applicant must receive 1,440 points or more out of 2,000. There are exceptions. Those whose final, combined scaled score is between 1,390 and 1,439 get another shot. All of their written answers are reread by eight new graders. The new and old grades are averaged, and the final score is recalculated. Then there s a third chance in some cases. If the old and new grade on any written answer is 10 or more points apart, that answer is read yet again, by the edge team leader for the corresponding question. He or she sets the final-final grade for that answer. Phased grading, as it s called, attempts to ensure that everyone s exam is fairly graded. No one grader, Murphy explained, can ever doom a would-be lawyer. The bar exam, Gaskill said, is about as fair as you can make it.

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6 New Lawyer Taking the law to the streets By Connie Lopez Daily Journal Staff Writer I It was the end of August and the beginning of the school year for new USC Gould School of Law students. Orientation week and campus tours began as usual. A couple days later, on an early Saturday morning while most students were still rousing from orientation activities and the previous night s revelries, 37 first-years shuffled into a crowded conference room deep in Los Angeles skid row. The students tried to keep up with the hour-long, information-packed presentation. Some took notes, some asked questions, and some clutched their Starbucks lattes. By the end of the presentation, it was clear they weren t in for a desk job. They were going to walk the gritty streets and meet face-to-face with their new neighbors the homeless and needy. They had signed up for the Orientation Service Project, a program run by USC law school s Office of Public Service and headed by Malissa Brandwell-Scott. For the past five years, participants have organized an annual service project during orientation to expose incoming students to legal challenges in the surrounding community, encourage a strong service ethic and help the students build relationships with their peers. This year, the Office of Public Service joined forces with Inner City Law Center to give students an opportunity to step out of their comfort zones and get hands-on experience helping local disadvantaged residents navigate everything from housing issues and tenants rights to concerns about exposure to lead paint. Wisconsin native John Korevec, like many of his classmates, said he was surprised to hear he would be leaving the security of the Inner City Law office. I kind of imagined we d be doing things inside the office, Korevec said. After listening to presentations about the work they d be doing, the students were divided into groups, each led by an Inner City Law staff member. They took to the streets, handing out fliers bearing information about eviction assistance and Healthy Way L.A., a free health care program for low-income and indigent people. As the students continued on their journey, they encountered a multitude of people, some pushing everything they needed for survival in a rusted cart or discarded stroller. Henna Pithia, 22, who had never seen skid row despite spending most of her life in Southern California, said she was surprised how kind most of the people were. PHOTO BY CONNIE LOPEZ USC Gould law students help the indigent on skid row. I think I was expecting it to be dangerous, loud, maybe even a little violence [the experie nce] broke all stereotypes, Pithia said. Some were grateful to see someone just talking to them. When the students returned to the office, they shared their experiences with one another and contemplated their newfound awareness. Pithia recounted the experience of meeting a man her age living in one of the neighborhood s public housing units. To see someone... not have the opportunities that I have was really moving to me. Brandwell-Scott said she hoped the program would make students realize the importance of public service. She started the program with Lisa Mead, former dean of the USC law school s public service office and current Inner City Law Center pro bono director. We try to educate them about relevant issues in the city and why they are so needed, she said. Adam Murray, executive director of Inner City Law Center, agreed. The people who we serve at ICLC really need lawyers. We want to inspire [the students] from the get-go. How to take law firm diversity from planning to practice By Merle Vaughn A wise person once said that the definition of insanity is doing the same thing over and over again but expecting different results. Although attributed to Albert Einstein, there is some debate about whether Einstein actually said it, doubters believing that the concept is too simple to have been coined by such a complex thinker. The definition, nonetheless, is quoted widely over and over again because it simply makes sense. I was meeting recently with a room full of highly intelligent, complex-thinking attorneys, discussing why they were ineffective at recruiting diverse attorneys to their large firm. We all agreed that the firm offers a perfect platform for the right female, minority and LGBT candidates. It was clear that the partners in the room were committed to the firm s goal of becoming more diverse and inclusive at the partner level, demonstrated by the fact that so many of them were spending time with me when they could have been generating billable hours. The exchange of ideas was passionate and encouraging, as we pored over the statistics in specific markets, to determine just where we were most likely to find the best pool of diverse candidates for specific opportunities at the firm. I was excited that we were on the right track, which would end where we all wanted to arrive: recruiting, hiring and retaining several diverse partners nationally, as soon as possible. We were progressing nicely on an action plan, and I could sense the light at the end of the tunnel, when suddenly I was run over by the that s not our process train. I confess that I didn t see it coming, even though I have been on that train before. Like most, at times I have even conducted that train. I am a strong believer in processes and procedures. I like order and prefer it over chaos every time, except when a set or agreed-upon process fails to produce the desired result. That is the point at which changing the process becomes imperative, and complex thinkers can use sophisticated ideas to solve complicated problems. This is precisely what we lawyers are trained to do and it can and should be done from now on with respect to diversity. Think about how you and your firm s leadership might answer the following questions: Are we able to attract the best qualified and most diverse candidates? Have we done all we can to make those candidates feel good about our interview process? What could we have done differently to ensure that top candidates accept our offers? What are we missing out on by not successfully hiring and/or retaining the best and brightest diverse lawyers? Most firms fully understand that providing a diverse legal team on clients matters is no longer just an option as far as their clients are concerned, but many fail to understand what it will take to get on the right track to make that happen. The first step is to review your recruiting, inclusion and retention process. Then ask yourself, If I were a highly recruited diverse attorney : Would I feel welcomed here? Would I believe that my practice will substantially improve here? Would I feel that this firm had my best long term career interests in mind? It s true that change takes courage. But the alternative is for firms to continue to keep recruiting the same people, in the same ways, over and over again. I wonder what Einstein would have called that. Merle Vaughn is managing director and law firm diversity practice leader at Major Lindsey & Africa. She can be reached at 6 Daily Journal Supplement November 20, 2012

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8 New Lawyer: Q & A Question 1 Continued from page 7 of their claims may be aggregated if they are enforcing a single title or right of common or undivided interest. Multiple plaintiffs with separate and distinct claims who unite for convenience or economy in a single lawsuit must separately meet the amount in controversy requirement. Here, Pam and Patrick were hit in the same accident by a truck owned and operated by Corporation, but their claims were separate and distinct. They might have united in a single lawsuit for convenience or economy, but their personal injuries and property damages were not of common or undivided interest. Thus, Pam and Patrick could not aggregate their claims. b. Pled in Good Faith If the plaintiff recovers less than the required amount in controversy, a verdict will not be subject to appeal for lack of jurisdiction so long as the original claim was made in good faith. Here, after trial, the court entered judgment for Pam in the amount of $60,000 and for Patrick in the amount of $4,000. For Pam, the judgment amount did not affect her meeting the amount in controversy requirement, though it was below the amount pled. A good faith pleading of her aggregate amount exceeded $75,000. For Patrick, his claim was $6,000 so he did not meet the amount in controversy requirement. Thus, Pam pled in good faith, but Patrick did not. Therefore, the court had diversity of citizenship jurisdiction for Pam s claim, but not Patrick s. Question 2 C. Supplemental Jurisdiction for Claims Not Exceeding $75,000 Claims not meeting the amount in controversy requirement may invoke supplemental jurisdiction if they arise from the same nucleus of operative facts as a claim that invokes diversity of citizenship jurisdiction. Here, Patrick s damages of $6,000 did not meet the amount in controversy requirement, but he could invoke supplemental jurisdiction because his damages arose out of the same accident Pam had with the truck owned and operated by Corporation. Patrick s claim arose from the same nucleus of operative facts as Pam s claim that invoked diversity of citizenship jurisdiction. The only difference between Pam s claim and Patrick s claim was the damages element. Thus, Patrick could invoke supplemental jurisdiction. D. Conclusion In conclusion, the federal District Court in State A lacked subject matter jurisdiction because Patrick did not meet the amount in controversy requirement, but Patrick could invoke supplemental jurisdiction. The Court of Appeals should rule for Pam and Patrick. III. Lack of Personal Jurisdiction Personal jurisdiction refers to the court s ability to exercise jurisdiction over a particular defendant. There are three bases for court authority: (1) traditional, (2) statutory and (3) constitutional. A. Traditional The traditional bases for a court to exercise jurisdiction include when the defendant: (1) has been served within the forum, (2) consents to jurisdiction or (3) resides in the forum. Here, no facts suggested any Corporation representative was served while physically present in State A. Corporation might have consented to jurisdiction when it appeared in State A, but Corporation s appearance was specially limited to contesting the court s personal jurisdiction. Corporation was not domiciled in State A because it was incorporated, and had its principal place of business, in Canada. Thus, no traditional bases for personal jurisdiction existed. B. Statutory States have enacted long-arm statutes to authorize a court to have jurisdiction over nonresidents to the extent permissible under the Due Process Clause of the U.S. Constitution. Here, the facts did not mention State A had a longarm statute that authorized the exercise of personal jurisdiction over nonresident defendants. Thus, there was no statutory basis for personal jurisdiction. C. Constitutional An exercise of jurisdiction must comply with constitutional requirements under the Due Process Clause of the U.S. Constitution. Those are: (1) minimum contacts between the defendant and the forum state, and (2) jurisdiction does not offend traditional notions of fair play and substantial justice. 1. Minimum contacts Minimum contacts must be (1) purposeful such that the defendant (2) reasonably foresees being taken to court in the forum. Wendy and Hal are married and live in California. A year ago, Wendy told Hal that she would not tolerate his drinking any longer. She insisted that he move out of the family home and not return until he completed an alcohol treatment program. He moved out but did not obtain treatment. Last month, Hal went on a drinking spree, started driving, and struck a pedestrian. When Wendy learned of the accident, she told Hal that she wanted a divorce. Hal has consulted Lawyer about defending him in a civil action filed by the pedestrian. He is currently unemployed. His only asset is his interest in the family home, which he and Wendy purchased during their marriage. Lawyer offered to represent a. Purposeful The court reviews whether the defendant purposefully avails itself of the benefits and protections of the forum state s laws. Here, since Corporation was a freight business headquartered in Canada, it likely traveled throughout the United States to conduct its business, but the facts did not suggest Corporation traveled through State A or purposefully availed itself of the benefits and protections of State A. State B was the only state in which Corporation conducted its business. Thus, Corporation did not purposefully avail itself of State A benefits and protections. b. Foresees There is foreseeability when a defendant knows or reasonably anticipates having to defend a lawsuit in a court resulting from minimum contacts. Here, Pam and Patrick were hit by a truck owned and operated by Corporation while in State B. Corporation s drivers and certain employees worked out of a warehouse in State B. The facts did not suggest that Corporation did any business in State A or that it traveled through State A so as to foresee having to defend a lawsuit in a court in State A. Thus, Corporation did not foresee being sued in State A. Therefore, there were no minimum contacts between Corporation and State A. 2. Traditional notions of fair play and substantial justice Traditional notions of fair play and substantial justice are not offended when there is (1) systematic and continuous contact between the defendant and the forum or (2) where the suit is related to the defendant s contact with the forum. Other factors courts consider include (3) the convenience to the parties and (4) the interests of the forum state. a. Systematic and Continuous Contact The court weighs the quantity and nature of the defendant s contacts with the forum, or its connection with the cause of action, to determine if they are systematic and continuous. Here, Corporation maintained a warehouse and employees in State B, not State A. Though Corporation operated a freight business, no facts indicated it regularly made deliveries, used the roads or conducted business in State A. Thus, Corporation s contacts with State A were not systematic and continuous. b. Related to Defendant s Contact With Forum Jurisdiction is proper if the claim arises out of the defendant s contact with the forum state. Here, Pam and Patrick sued Corporation for a truck accident that occurred in State B, not State A. The accident did not relate to Corporation s contact with State A. Thus, there was no relatedness. c. Other Factors Courts Consider i. Convenience to parties The exercise of jurisdiction must be reasonable, taking into account the litigants interests. The court will not find jurisdiction where requiring the defendant to defend in the forum would impose an unreasonable burden. Here, Patrick and Pam got into an accident in State B. The evidence in their tort claims involved Pam, Patrick, and their medical providers and other witnesses relating to their damages in State A, and Corporation employees and accident witnesses in State B. For Pam and Patrick, it might be inconvenient and expensive for them to sue in another state where they did not reside. For Corporation, State A was not a convenient forum because it was headquartered in Canada and had no operations or employees in State A. Thus, State A was not a convenient forum for Corporation. ii. State s interest A state has an interest in providing a forum for its citizens to resolve disputes. Here, Pam and Patrick were State A residents, but the accident between Pam, Patrick, and the Corporation truck driver occurred in State B. The accident witnesses and evidence were located in State B. The applicable laws for the incident, such as vehicle codes, were State B laws. Thus, State A had no interest in providing a forum for Pam and Patrick. D. Conclusion In conclusion, the federal District Court in State A lacked personal jurisdiction. The Court of Appeals should rule for Corporation. This model answer was prepared by BarEssays.com. BarEssays.com is an important low-cost California Bar Exam study supplement, featuring a database of over 2,000 high and low scoring examples to prior California Bar Exam essays, essay reviews and model answers written by former official bar graders, and additional tools to pass the California Bar Exam. http: // Hal if Hal were to give him a promissory note, secured by a lien on the family home, for his fees. Hal immediately accepted. 1. Is Wendy s interest in the family home subject to damages recovered for injuries to the pedestrian? Discuss. Answer according to California law. 2. Is Wendy s interest in the family home subject to payment of Hal s legal fees? Discuss. Answer according to California Law. 3. What, if any, ethical violations has Lawyer committed? Discuss. Answer according to California and ABA authorities. 1. Is Wendy s Interest in the Family Home Subject to Damages Recovered for Injuries to the Pedestrian? Valid Marriage and Marital Domicile Hal (H) and Wendy (W) are married and live in California. Therefore, there is a valid marriage, and California community property rules apply. 8 Daily Journal Supplement November 20, 2012 California Community Property California is a community property state. All property acquired during the course of marriage is presumed to be community property. All property acquired before marriage or after permanent separation is presumed to be separate property. In addition, any property acquired by gift, bequest or devise is presumed to be separate property. In order to determine the character of an asset as community property or separate property, courts will trace back to the source of funds used to acquire the asset and will consider any actions taken by either party to alter the character of the property and any presumptions that may affect the characterization of the property. Here the issue is whether W s interest in the family home is subject to Pedestrian s (P) damages claim against H. Source H and W acquired the family home during their marriage. Therefore, the family home is CONTINUED ON PAGE 9 QUESTION 2

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10 New Lawyer: Q & A Question 2 Continued from page 9 terminated at the time H incurred the debt. The marital community ends either upon the death of a spouse or when the spouses physically and permanently separate from one another. H and W lived apart for 11 months. After 11 months, H went on a drinking spree, drove his car and struck P. When W learned of H s drinking spree and subsequent accident, W told H that she wanted a divorce. Since W stated she wanted a divorce, W had no intention of reconciling with H and their separation became permanent. If the court finds that H entered into the loan agreement with L after permanent separation, then the court may, in the interests of justice, conclude that W s interest in the family home may not be used to satisfy payment of H s legal fees. Furthermore, as discussed above, H was not engaged in an activity to benefit the marital community at the time of the accident. As a result, it is unlikely that a court will find that W s interest in the family home can be reached to satisfy payment of H s legal defense. 3. What, If Any, Ethical Violations Has Lawyer Committed? Fee Agreement Under the ABA Model Rules of Professional Conduct, a lawyer may not charge unreasonable fees. In California, a lawyer s fees must not be unconscionable. Here it is not clear from the facts whether L is charging a reasonable or unconscionable fee because the facts do not indicate how much L is charging. In California, if fees are anticipated to exceed $1, the lawyer must put the fee agreement in writing. It seems that the legal defense of a drunken driver would likely exceed a $1, Therefore, if L failed to obtain a fee agreement in writing, then L has breached his duty in California. Financial Assistance to Client Under the ABA Model Rules, a lawyer must not provide financial assistance to a client. However, under both the ABA and California rules a lawyer may advance court costs and litigation expenses in contingency fee cases. However, L did not take H s case on a contingency basis. Therefore, under the ABA rules, L has likely committed an ethical violation by providing financial assistance to H. Loan to Client Under the ABA rules, a lawyer may not enter into a business transaction (including borrowing money from a client or loaning money to a client) unless: 1) the transaction is fair, 2) the client is advised in writing to seek the advice of independent counsel, and 3) the client consents in writing. Here L and H entered into a promissory note secured by a lien on H and W s family home. The extent to which the arrangement is fair depends upon how much L is actually charging H. Since the facts are silent as to L s fees, this cannot be determined. L failed to advise H to seek the advice of independent legal counsel. While it is not required that a client actually seek the advice of independent legal counsel, it is required that the client be given the opportunity. Here, it does not appear that H was advised to seek independent counsel. Therefore, L has likely violated his ethical duty under the ABA rules. Under California rules, a lawyer may lend money to a client so long as the client signs a written promissory note. Here H immediately accepted L s offer to represent H in exchange for a promissory note secured by a lien on H and W s family home. Assuming that H signed the promissory note, the loan may be permitted in California. In addition to the requirement of obtaining a signed promissory note, a lawyer must at all times act reasonably. Assuming that L s fees were reasonable and not unconscionable, L s loan to H may be permitted under the California rules. Duty to Avoid Conflicts Under both the ABA and California rules, a lawyer owes a duty to avoid conflicts. Entering into a business transaction with a client creates a potential conflict of interest. Generally, charging legal fees and expecting payment of legal fees from a client does not create a conflict of interest. However, here L has asked H to encumber his only asset W and H s family home. This creates a conflict of interest because L is seeking payment from H s only asset and also because the asset is subject to disposition in a divorce proceeding. As a result, it is unclear what portion of the home is truly H s. This places L in the position of potentially seeking payment of H s legal fees from a third party; W. L likely should have obtained written, informed consent of the potential conflict of interest from H. In California, a lawyer may not take on representation if a reasonable lawyer would not take on the representation. Here, while there are potential conflicts with respect to the fee agreement, loan agreement and lien on H and W s property, as long as L reasonably believes that he can competently and adequately represent H, then L has not violated California ethical rules. This sample answer was prepared by Lisa Duncanson, the founder and national program director of Bar None Review and author of the BarExamGuru Blog. Contact Duncanson through the company website at or by phone at (949) See her blog for free Bar Exam Study Tips at Question 3 Vicky was killed on a rainy night. The prosecution charged Dean, a business rival, with her murder. It alleged that, on the night in question, he hid in the bushes outside her home and shot her when she returned from work. At Dean s trial in a California court, the prosecution called Whitney, Dean s wife, to testify. One week after the murder, Whitney had found out that Dean had been dating another woman and had moved out, stating the marriage was over. Still angry, Whitney was willing to testify against Dean. After Whitney was called to the stand, the court took a recess. During the recess, Dean and Whitney reconciled. Whitney decided not to testify against Dean. The trial recommenced and the prosecutor asked Whitney if she saw anything on Dean s shoes the night of the murder. When Whitney refused to answer, the court threatened to hold her in contempt. Reluctantly, Whitney testified that she saw mud on Dean s shoes. The prosecution then called Ella, Dean s next-door neighbor. Ella testified that, on the night Vicky was killed, she was standing by an open window in her kitchen, which was about 20 feet from an open window in Dean s kitchen. She also testified that she saw Dean and Whitney and she heard Dean tell Whitney, I just killed the gal who stole my biggest account. Dean and Whitney did not know that Ella overheard their conversation. Dean called Fred, a friend, to testify. Fred testified that, on the day after Vicky was killed, he was having lunch in a coffee shop when he saw Hit, a well-known gangster, conversing at the next table with another gangster, Gus. Fred testified that he heard Gus ask Hit if he had taken care of the assignment concerning Vicky, and that Hit then drew his index finger across his own throat. Assuming all appropriate objections and motions were timely made, did the court properly: 1. Allow the prosecution to call Whitney? Discuss. 2. Admit the testimony of: (a) Whitney? Discuss. (b) Ella? Discuss. (c) Fred? Discuss. Answer according to California law. WHETHER THE PROSECUTION MAY CALL WHITNEY California law will be applied in analyzing all legal issues. Logical Relevance Proposition 8 establishes that all relevant evidence is admissible in a criminal case unless exempted by statute. Whitney s observation of mud on her husband Dean s shoes may be logically relevant as having a tendency to prove the prosecution s murder theory that Dean hid outside Vicky s home before shooting her. However, it is likely legally irrelevant if Whitney asserts spousal immunity based on marital privileges. Legal Relevance Evidence Code (EC) Sections 970 and 971 establishes that a married person whose spouse is a party to any kind of a proceeding may not be called as a witness by the adverse party and may not be called to testify against her spouse in any kind of proceeding. Thus, as noted above, the prosecution would be prevented from calling Whitney as a witness despite the logical relevance of doing so per Proposition 8 given the marital privilege statutory exemptions and assuming Whitney properly asserts these privileges. 10 Daily Journal Supplement November 20, 2012 Spousal Immunity When the privilege of spousal immunity is invoked, a married person whose spouse is a defendant in a criminal case may not be called as a witness by the prosecution. Further, a married person may not be compelled to testify against his spouse in any criminal proceeding regardless of whether the spouse is a defendant. There must be a valid marriage for the privilege to apply, and the privilege lasts only during the marriage. Although the prosecution may contend that there was not a valid marriage because Whitney had moved out, stating the marriage was over, this would not constitute a sufficient legal separation to overcome the spousal immunity burden. In addition, Whitney s initial decision to testify against Dean cannot be relied upon by the prosecution given her subsequent reconsideration and invocation of a privilege. Also, the threat of contempt by the court inducing Whitney to testify reluctantly would seem to negate any alleged voluntary waiver of her spousal immunity privilege. Therefore, her testimony should be stricken and the jury instructed not to consider it. WHETHER WHITNEY S TESTIMONY SHOULD BE ADMITTED Logical Relevance Although Whitney s observation of mud on Dean s shoes may be logically relevant as discussed above, it may be legally irrelevant given the following factors. Legal Relevance In its discretion, the court may exclude evidence despite its probative value if it is otherwise confusing or raises collateral issues. Whitney s testimony may do both. Unless the prosecution establishes a sufficient foundation regarding the timing of her observation in proximity to Vicky s murder as well as both the weather and ground conditions outside Vicky s home there would be insufficient connection between Dean s muddy shoes and Dean as Vicky s murderer. Lay Opinion Assuming Whitney s observation was competent, it would not be objectionable as improper lay opinion because it was rationally based on her perception of mud, a common, everyday substance. Impeachment Although Whitney s testimony may initially have been subject to credibility concerns given her anger over Dean s affair with another woman, this does not seem persuasive given her subsequent attempt to reconcile and to assert her spousal immunity privilege. Hearsay Hearsay is an out-of-court statement offered for its truth. Although Whitney s observation of the muddy shoes involves their out-of-court condition and presumably would establish the truth of Dean s connection to Vicky s murder, the condition of the shoes is at best non-assertive conduct. It is not an assertive statement that Dean made with the primary motive to communicate that the shoes link him to Vicky s murder. Confidential Communication In addition to spousal immunity, Whitney or Dean might also assert that the subject of the muddy shoes should be protected by this privilege because her knowledge about the shoes is unique to her role as Dean s wife. Therefore, the admission of her testimony would violate the intimacy of their marital relationship. As discussed concerning hearsay, however, there is a substantive question about whether her testimony involves a marital statement or communication CONTINUED ON PAGE 11 QUESTION 3

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12 Question 4 Peter responded to an advertisement placed by Della, a dentist, seeking a dental hygienist. After an interview, Della offered Peter the job and said she would either: (1) pay him $50,000 per year; or (2) pay him $40,000 per year and agree to convey to him a parcel of land, worth about $50,000, if he would agree to work for her for three consecutive years. Peter accepted the offer and said, I d like to go with the second option, but I would THE New Lawyer: Q & A like a commitment for an additional three years after the first three. Della said, Good, I d like you to start next week. After Peter started work, Della handed him a letter she had signed which stated only that he had agreed to work as a dental hygienist at a salary of $40,000 per year. After Peter had worked for two years and nine months, Della decided that she would sell the parcel of land and not convey it to him. Even though she had always been satisfied with his work, she fired him. What rights does Peter have and what remedies might he obtain as to employment and the parcel of land? Discuss. In order to evaluate Peter s (P) rights and remedies, we must first determine whether he and Della (D) entered into a contract. The contract, if it exists, is an exchange of labor, a service, for annual income and a promise to convey land, so the common law principles of contract apply. Did P and D Create a Contract? A contract requires an offer, acceptance and consideration. An offer is defined as a manifestation of intent to enter into an agreement with definite and certain terms communicated to an identifiable offeree. Offer: The first issue, then, is whether an offer was made. To determine this we review each communication between the parties. D s Advertisement: Generally, advertisements are not considered offers because they lack definite terms and do not identify a third party with the power of acceptance. Here, the facts do not indicate that the ad contained any terms other than the fact that D was looking to hire a dental hygienist for her dental practice. In addition, the ad was open for all dental hygienists, and no one in particular could accept. As a result, the ad was not an offer. The Interview: D s offer made at the end of the interview may be an offer. Here, P is the identifiable offeree as the communication of the job offer was directed at him. A problem lies with the definiteness of the terms, however. D offered P the job but gave him the choice of accepting either a salary of $50,000 per year or $40,000 a year and D s promise to convey to P a parcel of land worth $50,000 if P worked for D for three consecutive years. Whether this is an offer is debatable. On the one hand, given that P had a choice of offers it could be argued that the terms were not definite and certain, since he could not simply accept without stating which of the two he preferred. On the other hand, D may have made two distinct offers to P giving him the option of accepting either. Assuming the terms are sufficiently definite and certain, the next issue is whether D intended to be bound by her offers. Intent to be bound is measured by whether a reasonable person in P s position would believe that D intended to be bound. Based on D s placing the ad and then interviewing P, it is reasonable to assume that D intended to be bound when she offered P the position. Finally, the offer was made directly to P who had the power to accept, so the third element of offer is satisfied. Acceptance/Counter-Offer: Assuming the interview resulted in an offer to P from D, then we must analyze whether P accepted. Acceptance is a manifestation of intent to be bound to the terms of the offer. The mirror-image rule of acceptance requires that the offeree, here P, accept the offer as it was made without any change. Here, P accepted the second offer, to work for $40,000 per year plus the promise to convey the parcel of land, but P added a new term 12 Daily Journal Supplement November 20, 2012 when he requested that D guarantee P an additional three years of employment if he completed the first three year term. By adding the new term, P s response failed to be the mirror image of D s offer. Therefore, P rejected the offer and made a counter-offer instead. To be valid, a counter-offer must satisfy the earlier referenced elements of an offer. The counter-offer was made directly to D, so there is an identifiable offeree. Second, a reasonable person in D s position would think that P intended to be bound because he responded to the ad, came for the interview and agreed to work for D if she added a three-year extension to his term of employment. Finally, the terms are definite and certain: employment as a dental hygienist for $40,000 per year and a promise to work for D for three years in exchange for D s promise to convey the land to P and pay P. Acceptance of the Counter-Offer: D seems to have manifested her assent to the terms of the counter-offer when she said Good, I d like you to start next week. As a result, there is mutual assent, meaning an offer and acceptance. The next issue is whether the offer is supported by consideration. Consideration: Consideration is defined as a bargained for exchange in which the promisor gains a benefit and the promisee suffers a detriment. Here, P promised to work for D for $40,000 a year and a promise that D would convey title to P of a parcel of land if P promised to work for D for three consecutive years. P benefits from the income of $40,000 and the promise of conveyance, D benefits from P s expertise as a dental hygienist. P is burdened by having to work for D and D is burdened by having to pay P and by her promise to convey the land. As a result there is a bargained for exchange. The contract is supported by consideration. Statute of Frauds: The statute of frauds requires that certain contracts be evidenced by a writing containing all specific and relevant terms of the contract signed by the party to be charged. Contracts which cannot be completed within a year and contracts for the conveyance of land (including leases for over a year) must be evidenced by such a writing. Here, arguably the employment portion of the contract which requires work for three years cannot be performed within a year and thus needs to be evidenced by a writing signed by D, the party denying the existence of the contract. Regardless of the employment provisions, the contract contained a promise to P that D would convey a parcel of land to P after he worked for D for three consecutive years. As this portion of the contract concerns the conveyance of real property, it must be evidenced by a writing. Here, a writing exists but it fails to include the land conveyance provision, a necessary component to be valid under the Statue of Frauds, so the contract fails unless there is an applicable exception. For real property contracts, a writing is excused from the Statute of Frauds when the plaintiff completes two of the following three acts: 1) takes possession; 2) makes payments; and 3) makes improvements. Here, P arguably made payments by working for D for two years and nine months. However, he failed either to take possession or make improvements and thus he satisfies only one of the Statute of Frauds exceptions. The contract fails for violating the Statute of Frauds. Promissory Estoppel: P may argue that the contract should be given effect because he reasonably and detrimentally relied on D s promise when he worked for her for two years and nine months at $40,000 per annum and the promise to convey the land rather than the $50,000 per annum that D was willing to pay. In other words, P surrendered an additional $30,000 in income in exchange for a promise to convey the land worth $50,000. This is a reasonable trade-off for both parties. Since P never got the land, he relied on the promise to his detriment and thus his interest in the land should be revived under the theory of promissory estoppel. This is a relatively weak argument, however, because promissory estoppel requires evidence of an oral agreement prior to the writing. The writing here, D s letter about salary, does not implicate the parol evidence rule because P did not sign the letter and, by its very dearth, it can hardly be considered the final expression of the parties intent. It also falls short of the Statute of Frauds requirement of a written instrument to protect defendants from fraudulent claims of real property conveyance. Therefore, P s argument for promissory estoppel may fail. Conclusion: P can demonstrate that he agreed to work as a dental hygienist for $40,000 per year, but he cannot overcome the Statute of Frauds with respect to the three-year contract period and the conveyance of the parcel of land. Remedies To establish that he is entitled to any remedies, P must establish that D breached. P will argue that he had a three-year employment contract, but the Statute of Frauds analysis bars this argument. He can further argue that he had three separate one-year agreements, but, again, the Statute of Frauds would bar that claim because such contracts could not be performed within a year of execution. In fact, the written instrument provided by D establishes no more than P is an atwill employee with an annual salary of $40,000. P could seek reformation of the contract. To do so he would have to prove that D erroneously omitted the promise to convey the land to P and the duration of employment provision. In the event of a scrivener s error the court can reform the contract by adding the missing language. Again the problem is one of proof. P can argue that the fair market value of his services was $50,000 based on D s original offer and that the only reason he agreed to $10,000 less was because of the promise to convey the land. Again, P runs into the policy behind the Statute of Frauds, and, as argued above, he is unlikely to succeed with this argument. Next, P may attempt to obtain the land through an order of specific performance. To prevail he must show that the subject matter of the contract was unique. Here, land is always considered unique, so this element is satisfied. P must also show that he would win on the merits of the contract and that its terms were definite and certain enough to fashion a court order. The problem here is that the written agreement does not satisfy the Statute of Frauds, so P cannot prevail, As a result, P cannot demonstrate definite and certain terms other than he was to be employed as a dental hygienist with an annual salary of $40,000. P would also have to establish that the court could feasibly enforce the contract. This element also fails because the court cannot force D to hire P back nor force P to work for D. P must also demonstrate a mutuality of performance; that is, the court must be satisfied that both parties can and will perform if it orders D to perform. Again, this element fails because the court cannot force P to work for D. As a result, specific performance fails. Next P can seek restitution on the theory that he should recover the reasonable value for his services for the past two years and nine months. A reasonable salary for a dental hygienist could be pegged at $50,000 per year based on D s offer of that amount during the interview. If this argument prevails, D would be entitled to recover $10,000 per year for the first two years and $7,500 for the last 9 months (because 9 months is threefourths of a year and $7,500 is three-fourths of $10,000). If P sues for breach of contract and the court concludes that the employment contract had a three-year duration, than P could get damages for the remainder of the contract term, $10,000 (a quarter of his annual $40,000 salary), minus whatever he receives in mitigation. (He must look for replacement work but is not required to accept work that is beneath his present status.) He would also be entitled to recover any incidental damages in finding replacement work. Finally, if the court disregards the Statute of Frauds with respect to the land contract and reforms the contract, P would be entitled to the fair market value of the land but still not specific performance because of the feasibility problem noted above. This answer was prepared by Jay Chavkin, director of Personal Bar Prep, the original small-group approach to preparation for the California bar exam. Their comprehensive approach to bar exam preparation is designed to fully teach and explain to their students all of the substantive law tested on the California bar exam through live lectures, small group writing workshops and multiple-choice workshops. Students will prepare over 80 essays for review and feedback, as well as many performance tests and thousands of multiple-choice questions. At Personal Bar Prep, this small-group approach gives each student the personalized attention not available anywhere else. Classes are held in Los Angeles and can be attended live or on-line from the comfort of your home or office. Jay can be reached at (818)

13 Question 5 In 2004, Mae, a widow, executed a valid will, intentionally leaving out her daughter, Dot, and giving 50 per cent of her estate to her son, Sam, and 50 per cent to Church. In 2008, after a serious disagreement with Sam, Mae announced that she was revoking her will, and then tore it in half in the presence of both Sam and Dot. THE New Lawyer: Q & A In 2010, after repeated requests by Sam, Mae handwrote and signed a document declaring that she was thereby reviving her will. She attached all of the torn pages of the will to the document. At the time she signed the document, she was entirely dependent on Sam for food and shelter and companionship, and had not been allowed by Sam to see or speak to anyone for months. By this time, Church had gone out of existence. In 2011, Mae died. Her sole survivors are Dot and Sam. What rights, if any, do Dot and Sam have in Mae s estate? Discuss. Answer according to California law. In 2004, Mae executed a valid will. Because she was a widow, her entire estate could be included in the will document. The will intentionally left out her daughter, Dot. The will provided that 50 percent of her estate would go to her son, Sam, and 50 per cent to Church. Revocation of 2004 Will After a serious disagreement with Sam, Mae announced that she was revoking her will. Under the California Probate Code, a revocation can be by physical act, such as burning, tearing, etc. Mae then tore the will in half, while Dot and Sam witnessed her action. Therefore, Mae validly revoked her 2004 will. Revival In 2010, Mae handwrote and signed a document declaring that she was reviving her 2004 will. The revival statute in California is narrow and applies in only two situations, neither of which fits the facts here. It deals with whether a revoked second will revives a first will and with whether a third will revokes a second will. As neither situation applies here, the revival statute will not revive the 2004 will. Integration There is an issue here about integration. Because Mae attached all of the torn pages of the will to the 2010 document, the court must Question 6 Dan worked at a church. One day a woman came to the church, told Dan she wanted to donate some property to the church, and handed him an old book and a handgun. Dan had originally intended to deliver both the book and the gun to the church s administrators, but he changed his mind and delivered only the book. He put the gun on the front seat of his car. The next day, as he was driving, Dan was stopped by determine if she intended to integrate them, making a valid will. Intent, physical presence, and internal literary sense are the requirements. Intent and physical presence are obviously there. Furthermore, Mae simply tore the earlier will in half in 2008, which suggests the court could find an internal literary sense in the two half-pages. Therefore, it is likely that through integration, a court will find the 2010 document valid. Incorporation by Reference It is also clear that the 2010 document could be considered as incorporating by reference the 2004 will. Documents will be incorporated if they were in existence at the time of execution, described and referred to, and intended to be incorporated. Here, the only issue is whether a document torn in half is considered to be a valid document. Mae clearly referred to the 2004 will by declaring her intent to revive it. Under these circumstances, a court will probably find it valid. Therefore, using this doctrine, the 2010 revocation document will be found to include the 2004 will. Dependent Relative Revocation The Dependent Relative Revocation (DRR) statute could apply. DRR restores a revoked will if revocation was because of a mistaken belief that the new document was valid. The proponent must show the revocation of a valid will, an attempted invalid substitute, and essential consistency between both documents. This last factor arguably raises an issue. Sam will say that the 2010 document declared that Mae was reviving her will and therefore met all three requirements. If the court accepts this argument, the 2004 will should be restored. The Church The Church was given half of Mae s estate in the 2004 will. However, by the time of Mae s death, Church had gone out of existence. Consequently, the half that the Church was to receive would go intestate. Dot s Argument Intestacy Dot was clearly left out of the 2004 will. She cannot claim Mae made a mistake regarding a living child since Dot was present when the will was made. Also, she was alive at the time the will was written, so she does not qualify as a later born. Her best hope is that Mae died intestate. Bad Faith Elder Abuser Dot will argue that Sam was a Bad Faith Elder Abuser, a prohibited beneficiary under California law. She will point out that although Sam provided food and shelter, he did not provide companionship. Mae was entirely dependent on Sam at the time she wrote the 2010 document, and Sam did not allow her to speak to anyone for months. Had she been able to speak to friends, or even to Dot, she may have heard about Church having gone out of existence. a police officer at a sobriety checkpoint at which officers stopped all cars and asked their drivers to exit briefly before going on their way. The police officer explained the procedure and asked, Would you please exit the vehicle? Believing he had no choice, Dan said, Okay. After Dan got out of his car, the police officer observed the gun on the front seat and asked Dan if he was the owner. Dan answered, No. I stole the gun. But This is a very strong argument for Dot, and Sam could be prohibited from taking anything from Mae s will. The court may also disqualify Sam from taking his intestate share. In that case, Dot will take all through intestacy. Undue Influence Dot will also argue that the 2004 will was not valid because of undue influence by Sam. The problem with this argument is that a presumption of undue influence requires an unnatural disposition of testator s property. Sam is Mae s son, so this doctrine cannot be applied. If Dot is successful, Mae s estate will fall into intestacy, and Dot will receive half. If she is not successful, she will get only half of the amount given to the Church, giving her a quarter of the estate. Sam will claim half of Mae s estate through the will, and half of the amount given to Church, winding up with three-fourths of Mae s estate. If the 2004 will is not recognized, Sam will receive only half of the estate, with the other half going to Dot. This answer was prepared by Professor Michael Schmitt, the founder of the LECC s Guaranteed Bar Review. He can be reached at Please visit us at The LECC offers a live and home study course. I was planning to give it back. Dan is charged with theft and moves to suppress the gun and his statement to the police officer under the Fourth Amendment to the United States Constitution and Miranda v. Arizona. 1. Is Dan likely to prevail on his motion? Discuss. 2. If Dan does not prevail on his motion, is he likely to be convicted at trial? Discuss. SUPPRESSION OF HANDGUN 4th Amendment The 4th Amendment provides that people should be free from unreasonable searches and seizures. To assess search and seizure, we must assess: 1) government action; 2) whether the action constituted a search or seizure; 3) whether such a search or seizure was reasonable. (Evidentiary search and seizures have different standards). Government Action The 4th Amendment will only protect against government conduct and not against searches by private citizens. Government agents include the publically paid police and those citizens acting at the direction of the police. The checkpoint stop was conducted by the police, and as such involved government action. Search and/or Seizure A search can be defined as a governmental intrusion into an area where a person has a reasonable and justifiable expectation of privacy. A seizure is the exercise of control by the government over a person or a thing over which the person has substantial ownership. Here, stopping a car is considered a seizure under the 4th Amendment. Reasonable Search: Checkpoints The government may only stop cars for a reasonable purpose. Thus the police may not stop a car unless they have at minimum reasonable suspicion to believe that a law has been violated. In relation to roadblocks, reasonableness of stopping cars without individualized suspicion is found only when: 1) plice stop cars on the basis of some neutral, articulable standard; and 2) the stops are designed to serve purposes closely related to a particular problem pertaining to automobiles and their mobility. Cars Stopped Based on Neutral, Articulable Standard As stated above, for such roadblocks to be valid, the car stops must be based on some neutral standard. Here, since the police were stopping every driver and not selecting cars based on some more discretionary standard, this element is met. Designed to Serve Purposes Closely Related to Problem As stated above, for such roadblocks to be valid, the checkpoint must be closely related to a problem pertaining to automobiles. Here, the checkpoint was to prevent drunk driving. Asking each person to step out of the car would support that purpose because it would allow the officers to assess each driver s level of impairment to their driving ability and how much alcohol had been consumed. This purpose meets the standards set forth under search and seizure. 4th Amendment (Evidentiary Search and Seizure) Evidentiary search and seizures must also be reasonable to be valid. Under the 4th Amendment, to be valid, a search or seizure is only valid upon a warrant. To assess the validity we must examine: 1) governmental conduct, 2) reasonable expectation and 3) valid warrant. If no valid warrant is found, then we must assess whether there was a valid exception. CONTINUED ON PAGE 14 QUESTION 6 November 20, 2012 Daily Journal Supplement 13

14 New Lawyer: Q & A Question 6 Continued from page 13 Government Conduct As asserted above, there was government conduct. Reasonable Expectation of Privacy (Standing) The standing requirement means that only a person whose has a reasonable expectation of privacy in the place searched or substantial ownership interest in the item seized can bring a claim. In determining whether a person has a reasonable expectation of privacy or substantial ownership interest, the totality of the circumstance must be considered. Expectation of Privacy Here, Dan had a reasonable expectation of privacy within his car. A car, like any other personal item, has private space and areas where one would expect to be free from others, including the police. Here, while there is a valid argument that one s front seat does not have the same privacy expectations that one may have in the trunk or backseat, there is certainly some degree of expectation of privacy anywhere within the cabin of the car. As to the gun, since Dan stole the gun, he had no expectation of privacy for the stolen item itself. Substantial Ownership The courts generally hold a person to have legitimate privacy expectation over any item the person owned or had a right to possess. Here, since Dan owned the car, he had a right to privacy over the car. As to the gun, since Dan stole it, he had no substantial ownership over the gun. Warrant Requirement In order to be reasonable under the 4th Amendment, most searches and seizures must be pursuant to a warrant. A search conducted without a warrant will be invalid unless it is within one of the categories of permissible warrantless searches. Warrantless Search Here, the police did not obtain a valid warrant prior to searching Dan s car. Absent a valid warrantless exception, the search would be unconstitutional. Warrantless Exceptions: Search Incident to Lawful Arrest Generally any search following an arrest would be deemed to fall under a valid warrantless exception. Here, since there was no arrest at the time the handgun was located, this exception would not apply. Warrantless Exceptions: Automobile Exception If the police have probable cause to believe that a vehicle contains contraband or the fruits or instrumentalities of a crime, they may search it without a warrant. Here, the stop was at a checkpoint with no suspicion of any crime afoot. The police did not have probable cause, given that they were conducting a random search and only discovered the handgun after the officer asked the driver to exit the car. Therefore, absent probable cause, the automobile exception does not apply. Warrantless Exceptions: Plain View The plain view doctrine requires that the police are legitimately on the premises and then discover contraband or evidence in plain view and that they have probable cause to believe the evidence is contraband or the fruits or instrumentalities of a crime. Here the police were lawfully stopping cars, per the above discussion. They discovered the gun on the front seat, which would be in plain view, considering cars have windows and this gun wasn t under the seat, but rather on the front seat where anybody would be able to spot it. Finally, the gun would clearly be classified as contraband considering that a gun is generally dangerous and likely be some sort of instrumentality of a crime. Therefore, this warrantless search was valid. Warrantless Exceptions: Stop and Frisk When a person or vehicle is stopped without probable cause and in circumstances of reasonable suspicion of criminal activity, if the officer believes the person may be armed and dangerous, the officer may conduct a protective frisk which encompasses the area near the person. Here, since this was just a sobriety checkpoint, the police offered no evidence that they thought Dan was dangerous. The requirement to exit the car, while arguably constitutional, presented no danger to the police. Therefore, the police had no reason either to pat down Dan or search his grab area. Automobile Grab Area / Stop and Frisk If a vehicle has been properly stopped, the police can search the passengers and the vehicle without arrest if the officer believes the passengers are armed and dangerous. Here, while the gun was found in the general grab area (the front seat), there is nothing to support any danger afoot and the officer had no right to search the automobile given these circumstances. SUPPRESSION OF STATEMENT 5th Amendment Right Against Self Incrimination Miranda The 5th Amendment, applicable to the states through the 14th Amendment, provides that no person shall be compelled to be a witness against himself. Specifically, this has been applied to arrest situations under Miranda, which requires a person in custody be given certain warnings clearly prior to interrogation. Two tests must be met to impose these warnings: 1) government conduct and 2) in custody. Government Conduct As previously asserted, this was an action by the police, thus it involves government conduct. Custody The custody requirement turns on whether the person s freedom of action is denied in a significant way. The more it feels like an arrest, the more this test is satisfied. This is an objective test viewed in light of the circumstances of the interrogation. However, traffic stops are generally not custodial, since the motorist typically knows he will soon be on his way. Here, although Dan was not free to leave right away, the sobriety checkpoint was similar to a traffic stop, in that the motorist knows that he will be free to leave soon and ought not feel unduly coerced. An officer s questioning during a traffic stop, much like this checkpoint, generally is not intrusive in nature and would not make the person being questioned feel like he was not going to be free to leave. In such a situation, the custody requirement is not met and no Miranda warning is required. While Dan may argue that the officer s questioning had to do with gun ownership, not with sobriety or driving, the questioning and situation did not rise to that of a custodial interrogation. Therefore, no Miranda warning was required. Dan will lose his motion to suppress the gun and his statement. THEFT Under the MPC and modern statutes, some or all of the property offenses are combined and defined as the crime of theft. Larceny The crime of larceny requires: 1) the taking and 2) carrying away 3) of tangible personal property 4) belonging to another 5) by trespass 6) with the intent to permanently deprive the other of the property. Taking Based on the facts, Dan admitted to taking the gun when he said he stole it. Carrying Away Since the gun was on his possession and obviously away from the owner, Dan had carried it away. Of Tangible Personal Property A gun is moveable and tangible and so qualifies as tangible personal property. Of Another Dan has admitted the gun was not his and that he stole it, implying that it belonged to another. By Trespass Trespass requires that a person take without consent. Dan asserted that he stole the gun and therefore implied that he did not have consent when he took it. With Intent to Permanently Deprive This element requires that the person taking the object has an intent to permanently deprive someone of property and not give it back. The taking of property intending to return it does not constitute larceny, although it could be a continuing trespass. Here, Dan s assertion that he intended to give the gun back defeats the element that he permanently deprive. His assertion of wanting to give it back is sufficient to eliminate this element. Dan is not guilty of larceny or theft. This sample answer was created by Patrick Lin of Bar Exam 101. Patrick Lin is a former California bar exam grader who has passed the California, Nevada and Arizona bar exams. Bar Exam 101, exclusively taught by Patrick, offers private tutoring and workshops for essays and Performance Tests. To contact Bar Exam 101, please go to or or call (323) Performance Tests The two performance tests measure the applicant s ability to handle real-life tasks. The answers were written by instructors of two bar review courses that specialize in performance tests. Performance Test A MEMORANDUM Objective Analysis of Whether College Loan Equity Fund Inc. Violated Columbia Law or the Attorney General s Proposed Requirements 14 Daily Journal Supplement November 20, 2012 David Conway recently became the Chief Executive Officer (CEO) of College Loan Equity Fund Inc. (CLEF), a nonprofit corporation organized under the Columbia Nonprofit Corporation Act. David is concerned about CLEF s corporate governance practices. CLEF began as a Mom and Pop lender 15 years ago and has grown up to be a player in the tough student loan business. However, certain holdover governance practices from its small-time roots are a concern. David s concern has been heightened by a recent Columbia Supreme Court decision dissolving a high-profile nonprofit and by an even more recent announcement by the Columbia Attorney General of an intent to propose legislation to apply principles from the federal Sarbanes-Oxley Act (SOX) to Columbia nonprofits. Below is an objective analysis of five CLEF corporation actions and whether they violate Columbia law or the Attorney General s proposed requirements. If warranted, suggested modifications to current practices are included. 1. Engagement of an Outside Accountant Columbia Law: Good Faith Section 4830 of the Columbia Nonprofit Corporation Code states a director shall perform the duties of a director in good faith. On October 5, 2011, the 15-member CLEF Board of Directors reappointed Metzger Associates as CLEF s certified public accountants being the 13th year CLEF has it as its accounting firm. Sue Metzger, the principal of Metzger Associates, is the company founder s first cousin. If the directors acted in good faith in making this reappointment, then there is no violation of Columbia law. However, five of the directors are effectively permanent. Although the company founder, Melvin Metzger, and four of his close personal and business friends technically serve three-year terms, they ve been on the board since the company was created 15 years ago. With no limit on the number of terms, they keep getting re-elected by the corporation s members. Five directors come from the college financial aid community and the final five are college presidents. The financial aid director and the presidents serve single staggered terms of three years. CONTINUED ON PAGE 15 TEST A

15 New Lawyer: Performance Tests Test A Continued from page 15 This creates two problems. First, there is a high turnover among the members who come from the academic community. The financial aspects of the student loan business are very complicated. There is a steep learning curve, so by the time the financial aid types and the college presidents catch on, they are rotated off the board. This means they often defer to the five permanent directors with key questions. That might have been the case with the reappointment of Metzger Associates. The second problem is the composition of the Board of Directors. The present board means there are no truly sophisticated financial types, no one from investment banking or the consumer credit field. These are serious handicaps in today s complex and competitive student loan world. CLEF has been run like a family foundation pursuing its philanthropic mission. Founder Melvin Metzger has a very proprietary attitude toward the company and doesn t recognize that board practices do not seem to have kept current pace. However, as a $5 billion nonprofit corporation, CLEF is the fastest growing lender in the undergraduate market and the number one among the nonprofits in the field. The lack of financial knowledge may prevent the directors from realizing that an independent, larger accounting firm is necessary to meet CELF s remarkable growth. In applying Section 4830, so long as the board acted in good faith, the engagement of Metzger Associates may not violate Columbia law. Attorney General: Executive and Audit Committees The Attorney General has proposed requiring each nonprofit corporation with 15 or more directors to establish an executive committee and an audit committee. Executive Committee CLEF currently functions as a committee of the whole for all of its work. For example, an informal executive committee, now composed of Melvin Metzger, Bernie Baugh and Jane Cross but not created by a formal board action, functions on behalf of the board between the quarterly meetings. Again, CLEF does not have a well-balanced and diverse board with a lot of financial savvy. The board may not have the expertise to understand complex finance and macroeconomic projections, evaluate accounting recommendations and make generally sound financial decisions to fulfill its fiduciary responsibilities. The establishment of a formal executive committee could oversee the board, its members and their decisions and not leave corporate decisions in the hands of just a few unqualified members. Audit Committee CLEF currently receives an annual accounting report from Metzger Associates but it doesn t conform to Generally Accepted Accounting Principles standards (GAAP) used by national accounting firms when performing traditional audits of many financial institutions. CLEF s accounting approach used by Metzger Associates is common when reviewing small and medium-sized businesses, but it does not go into the depth of analysis sophisticated financial institutions usually demand and expect. The establishment of an audit committee would most likely result in the replacement of Metzger Associates with a larger independent firm equipped to hand CLEF s growth and needs. It could also recommend GAAP accounting. CLEF would be in violation of the Attorney General s proposed requirement. Suggested Modification to Current Practices Term limits should be imposed on all members of the Board of Directors including the five permanent directors immediately. An auditing committee must be established. A formal executive committee must also be established and CLEF s current executive committee must be dissolved. Also, David is considering bringing in a national accounting firm to conduct rigorous, in depth SOXtype audits, but it will cost the company twice what is paid Sue Metzger, a change that could also create cost-control questions. While cost is always a factor, failure to replace Metzger Associates may result in CLEF not being in compliance with the Attorney General s proposed requirements. CLEF should request the new firm to use GAAP when conducting its audit. 2. Execution of a Lease of Corporate Facilities Columbia Law: Conflict of Interest Section 4832 states a conflict of interest exists when a director or officer of the corporation has a direct or indirect interest in a transaction with the corporation. A director or officer has a conflict if he has a material interest in or is a director, officer or trustee of an entity that is a party to the transaction. On April 14, 2009, the CLEF Board of Directors approved a lease with Center City Realty and approved engaging Center City Realty s construction division to serve as the general contractor for the necessary renovation of a vacant Pomeroy s Department Store in West Cooper City. The board needed new facilities to accommodate the impending creation of a loan servicing division, and the CEO and board chairman had reported their judgment that the store was ideal because it met short- and long-term projected needs and projected renovation costs fell within the facilities budget earlier adopted by the board. Bernie Baugh, a member of the CLEF board and Melvin Metzger s college classmate, is a partner in Center City Realty, the company that owns the property and served as the general contractor for the renovation of the facilities. Because Bernie Baugh is a CLEF director and also is a party to the lease and renovation transaction, there exists a conflict of interest under Section Private Financial Gain In the case of Smith v Columbia & Family Services Inc., the court looked to whether the defendant nonprofit corporation complied with the requirements that a nonprofit corporation fulfill a nonprofit purpose and not be operated for private financial gain. While the corporation in Smith lost its nonprofit status for acting for private financial gain, CLEF s approval of the transaction might be in compliance with its nonprofit purpose. Two years ago when CLEF added a loan servicing division, the number of employees doubled from 50 to more than 100. The company was forced to find larger quarters and it signed a long-term lease for a vacant department store that was remodeled to accommodate the expanded operations. Board member Bernie Baugh is a partner in Center City Realty, the company that owns the property and served as the renovations general contractor. Bernie Baugh is also a longtime friend and college classmate of Mr. Metzger. Since the board unanimously approved the transactions, the board may be viewed as having voted for private financial gain. Like the defendant in Smith, CLEF may have put its nonprofit status in jeopardy, so further consideration must be given to the board s actions. Duty of Care Per Smith, directors must make reasonable inquiry as ordinary prudent persons would and may not close their eyes to what is going on about them. At the April 14, 2009, the board discussed the need to build or lease new facilities to accommodate the expected growth in employees due to the impending creation of a loan servicing division. If the directors made a reasonable inquiry and acted as ordinary prudent persons, they could be perceived as fulfilling their duty of care requirement. Defense: Business Judgment Rule Per Smith, directors and officers are not liable for honest mistakes or negligent judgment. If the directors voted in reliance on CLEF s growing needs and on the CEO s and board chairman s report that the deal was good, then they may not be liable for voting to approve the lease and renovation contract. However, if the board greatly relied on the voices of the permanent five directors in voting for this transaction, they may have acted with gross negligence. In that situation, the business judgment rule would not be a valid defense. Duty of Loyalty Per Smith, the duty of loyalty lies in pursuing or ensuring pursuit of the public or charitable purpose that is the corporation s mission. Are the terms that CLEF received from Center City Realty favorable to CLEF or was the vote to benefit Mr. Metzger s longtime college friend and fellow board member, Bernie Baugh, who is also a partner in Center City Realty? This transaction appears to benefit CLEF but also personally benefits a CLEF board member. As such, it appears to violate the duty of loyalty. Under Smith, the board s vote accepting the lease may be in violation of Columbia law. Attorney General: Business Transactions With Directors and Officers The Attorney General will allow nonprofit corporations to enter into business or financial transactions with directors as long as the transactions are reasonable and fair to the company. If the April 14, 2009, approval of the lease and renovation contract from Center City Realty was fair and reasonable to CLEF, then the Attorney General s proposed requirement would not be violated. Currently, this transaction does not violate the Attorney General s proposed requirement. Suggested Modification to Current Practices David believes higher standards may strain longstanding, positive, personal relationships among board members. Regardless, CLEF needs to adopt a conflict of interest policy with disclosure standards to guide the board and staff in independent decisionmaking. 3. Purchase of Corporate Insurance Columbia Law: Conflict of Interest Section 4832 states a conflict of interest exists when a director or officer of the corporation has a direct or indirect material interest or is a party to the transaction. A conflict of interest transaction may be approved if the material facts of the transaction and the director s or officer s interest were disclosed to the board. On June 15, 2006, the board adopted Ms. Maurer s motion to purchase the necessary insurance from the Cooper City Insurance Consortium. Board member John Morgan, a principal in the Cooper City Insurance Consortium, stated he could provide the company with the identical coverage at a price at least 10 percent below that quoted for renewal. Mr. Metzger reported it would cost almost $95,000 to renew the insurance package with Intercontinental Insurers for the next fiscal year. While Mr. Morgan might be providing great financial savings to CLEF, he is also a party to the transaction so a conflict of interest does exist. But if transaction were disclosed to the board, CLEF could approve this confl ict of interest transaction. However, one board member in Smith did testify he saw nothing wrong with such transactions, stating, If board members were giving their time serving as volunteers, I think it would be unkind if they had a business and you needed something they had and then not to purchase from them. This position might override the confl ict of interest claim. However, the present composite of the board, with its lack of sophisticated financial types, may not understand the transaction, even if all the material information was disclosed to the board. In applying Section 4832, the purchase of insurance from Cooper City Insurance Consortium does raise a conflict of interest in violation of Columbia law. Attorney General: Business Transactions With Directors and Officers The Attorney General will allow nonprofit corporations to enter into business or financial transactions with directors or officers as long as the transactions are fair and reasonable to the company. While Mr. Morgan is privately benefiting from this transaction, CLEF is saving at least 10 percent on its insurance cost compared to their prior carrier s rate. If giving Mr. Morgan the insurance business was fair and reasonable, the Attorney General may allow this transaction. Currently, CLEF may not be violating the Attorney General s proposed requirement. Suggested Modification to Current Practices David stated even the most naive new CLEF director asks how much Directors and Officers Insurance exists in case the directors get sued. While the transaction may be fair and reasonable, CLEF s entire insurance program should be reviewed, updated and expanded. Additionally, in the post-enron environment, new directors with investment banking or other sophisticated experience in consumer finance certainly will insist on broader and more expensive coverage. 4. Guaranty of the Mortgage of the Former CEO Columbia Law: Conflict of Interest Under Section 4832 and Smith, a nonprofit should avoid any conflicts of interest so that the corporation does not exist for private financial gain. As part of appointing Curtis Johnson as CLEF s new CEO, on October 19, 2007, the board guaranteed Johnson s mortgage. Johnson needed a mortgage in the amount of $420,000 to purchase a house in Cooper City. Board member Anthony Niedwicki, executive vice president of Cooper City Savings, indicated that his bank would make the loan if CLEF would sign as guarantor. Because Mr. Johnson is an officer and is receiving a financial gain, there is a conflict of interest. Mr. Johnson may not have become CEO had he not received the loan. Having received the loan, Mr. Johnson is now obligated to the other board members and may not always act with a duty of care and loyalty when voting. This transaction required CLEF to sign as guarantor subjecting it to possible liability unrelated to its company business. According to Section 4832 and Smith, the board of director s vote to sign as a guarantor on Mr. Johnson s mortgage may be in violation of Columbia law. Attorney General: Business Transactions With Directors and Officers The Attorney General will allow nonprofit corporations to enter into business or financial transactions with directors or officers as long as the transactions are fair and reasonable to the company if (1) the transaction is approved in advance by the board, (2) all terms of the deal are disclosed to the board in advance, (3) comparability data is obtained and relied up and (4) the basis for the board s decision is documented. Board member Niedwiki indicated that his bank would make a loan to CEO-to-be Johnson. While this may appear to be a reasonable financial transaction, requesting CLEF to sign as guarantor subjects CLEF to future potential financial risk and obligation. Board minutes indicate that the board did not give advance approval to the loan, was not presented with the terms in advance of the meeting, was not provided comparability data upon which it relied and the basis for the board s decision appears to be undocumented. Therefore, this transaction does not appear to be fair and reasonable to the company. This transaction would violate the Attorney General s proposed requirement. Suggested Modification to Current Practices Mr. Johnson should immediately seek a new mortgage loan that does not require CLEF to act as a guarantor. 5. Failure to Share an Internal Report With the Board and With Loan Fund Investors Columbia Law: Good Faith Section 4830 states a director shall perform the duties of a director in good faith. The only annual report of a financial nature generated by CLEF is IRS Form 990. While nonprofits under 501(c)(3) do not pay taxes, they must report revenue and expenditures. CLEF s CEO did sign off on the IRS report but it did not come to the board for review. Therefore, the board was unaware of the company s true financial position. Nonetheless, the board made no demand to see important documents that could affect the board s voting. CLEF s board did not act in good faith. Additionally, an internal audit report authored by the company s director of strategic planning forecast changes in the student loan market that could affect the company s liquidity. A significant shift by college graduates away from the work force and into post- CONTINUED ON PAGE 16 TEST A November 20, 2012 Daily Journal Supplement 15

16 New Lawyer: Performance Tests Test A Continued from page 15 graduate study will mean that undergraduate loans will be deferred for the duration of graduate work. This is likely to result in a dip in CLEF s expected revenue for up to four years. Such a change in revenue may negatively affect CLEF s ability to attract investors in their next offering. This report was never sent to the board by David s predecessors, nor was it disclosed to potential investors in the last investment offering. This information was critical and had the board obtained this information, transactions including the securing of a longterm lease might not have been approved. In applying Section 4830, the board s decision Performance Test B MEMORANDUM OF POINTS AND AUTHORITIES Statement of Facts Dalia Flores (Dalia) filed a legal malpractice action against Attorney Gary Falk (Defendant) in the state of Columbia. On or about October 1, 2007 Dalia s mother, Maria Flores (Maria), employed the Defendant to prepare and record a deed granting to Dalia present joint title to her residence then owned in fee simple by Maria. Upon Maria s death, title would pass to Dalia exclusively. On this day the Defendant prepared the deed and Maria signed it but the Defendant did not follow Maria s instruction. He never recorded the deed nor provided a copy to Dalia until after Maria s July 15, 2008 death. The Defendant eventually recorded the deed on August 30, 2008 almost eleven months after the deed was executed. Dalia s brother, Charles Flores (Charles) challenged the validity of the August 30, 2008 recorded deed in the probate of Maria s estate. The court concluded that the Defendant did not record the deed because he had doubts about Maria s intention to convey title to Dalia so it issued a tentative ruling that the circumstances did not establish that Maria had an immediate intent to convey the house to Dalia. However, at no time did the Defendant ever contact Maria after October 1, 2007 until her death to confirm her intentions with the deed because he had doubts. Dalia was forced to settle and drop her claim to exclusive title to the house. Instead of having sole ownership, the property passed under the rules of intestate succession and Dalia received only a onethird share. The Defendant has filed a demurrer claiming that Dalia failed to state a cause of action because she was not his client and thus he owed her no duty. Argument The Defendant s Duty of Professional Skill, Prudence and Diligence Extended Beyond Maria to Dalia, as a Third Party, Because She Would Have Benefitted Had the Defendant Fulfilled Maria s Present Intention and Recorded the Signed Deed Transferring the Property and House to Dalia Instead of Waiting Close to a Year to Record With No Further Communication With Maria Since the Day She Signed the Deed Duty Owed to a Third Party Beneficiary The court in Radovich v Locke looked to whether an attorney s duty to use professional skill, prudence and diligence extended beyond his client to an individual who would have benefited had the attorney not acted negligently. But if the attorney owed no duty to the third party then the third party could not recover for the asserted breach of duty. Unlike the facts in Radovich where the client never signed the will her attorney drafted so that a will potentially beneficial to a third party had never become effective, our facts are the opposite. Maria did sign the deed drafted on October 1, 2007 prepared by the Defendant. Defendant was then to 16 Daily Journal Supplement November 20, 2012 making without the review of any financial information is a violation of Columbia law. Defense: Business Judgment Rule The board s failure to demand such reports resulted in it approving a long-term lease. Since CLEF s assets are in the form of promissory notes on the loans it has made to thousands of undergraduate students, approving the lease without review of financial and other records could amount to gross negligence. Therefore, the Business Judgment Rule defense may not apply. Attorney General: Certification of Financial Information The Attorney General will require the key officers, the CEO and Chief Financial Officer (CFO), to verify record the deed and deliver the deed as instructed to Dalia. Maria died on July 15, 2008, at which time Defendant had yet to carry out her intentions to record and deliver said deed to Dalia. The Defendant failed to record the grant deed until August 30, 2008 after Maria s death. Defendant s Rationale for Not Recording the Deed The Defendant claims he did not record the deed right way because Maria was in the hospital when she signed the deed and wanted to talk to her after she got out making sure her wishes remained the same. Defendant claims he was just being overly protective of his elderly client as he had seen her in the hospital and that she may have changed her mind upon her release. The Defendant will rely on Charles s testimony who said when Maria was in the hospital she talked about the residence and because of the bickering between Charles and Dalia, Maria told him that she would rather sell the property and split the money between all three of her children including Dalia, Charles and Brenda. After executing the deed, Maria continued to keep control of the property and did not cede control to Dalia as she paid the mortgage, all taxes and insurance and Dalia did not pay any of them until after her mother s death. Also, Maria never told Charles that she had given a deed or a joint estate to Dalia. This evidence supports the Defendant s contention that Maria did not have the present intent to transfer her property to Dalia only. Dalia Is a Third Party Beneficiary On the contrary, while the Defendant intended to call Maria upon her release from the hospital to inquire about her intent, he never did. In fact it wasn t until Dalia called the Defendant in early June 2008 that the Defendant even thought about recording the deed. Furthermore, Brenda testified of a conversation with her mother in October 2007 when Maria told her she had signed everything over to Dalia. Clearly, Maria had the present intent to transfer her property exclusively to Dalia. Upon receiving Dalia s call in June 2008, the Defendant had the opportunity to contact Maria to see if she had changed her mind about the deed. The Defendant was aware that Maria s condition had changed for the worse but did not ask Dalia during their phone call if Maria was incapacitated or unable to speak. While the Defendant claimed he did not record the deed because he wanted to ask Maria her intensions when she was out of the hospital, he never spoke with Maria since the day Maria signed the deed. A Defendant truly looking out for his elderly client would have made such contact to ask her true intentions. The Defendant himself testified that he wasn t diligent in recording the deed Maria asked him to record. Then on June 15, 2008, Defendant attempted to record the deed but because his notary stamp was smudged and illegible, the rejected deed was returned to Defendant s office on June 22, This gave the Defendant yet another opportunity to confirm Maria s intention before refilling the documents. Again, the Defendant did not contact Maria. The Defendant finally imprinted another stamp and the annual report and related documents. The financial annual report was reviewed by CLEF s former CEO but was not reviewed by the CFO or presented to the Board of Directors. The report forecasting changes was also not provided to the board. Additionally, CLEF s CFO did not verify the report. This transaction would violate the Attorney General s proposed requirement. Suggest Modifications to Current Practices The annual financial report and all reports from the executive staff within CLEF must be timely provided to the entire Board of Directors. CLEF s CEO and CFO must verify these annual report and related documents. resubmitted the deed for recordation on August 1, 2008 after Maria s passing. If the Defendant wanted to know Maria s intent when she left the hospital, why did he not contact her? Since Dalia did not receive sole ownership of Maria s house and property, the Defendant is a third-party beneficiary and a duty was owed to Dalia. There would be no issue as to Maria s intent if Defendant had recorded the deed as directed by Maria on October 1 or if the Defendant had discussed the deed with Maria at any time between October 1 and her death approximately nine months later and then recorded the deed. Therefore, Dalia filed this action because the Defendant owed her a duty as a thirdparty beneficiary of the services he rendered to Maria; that he was negligent in failing to record the deed promptly; and that his negligence caused Dalia to lose the property in the probate proceedings. Therefore, when an attorney assumes preparation of a testamentary document, he does incur a duty not only to the testator client but also to the intended beneficiary. Liability to Third Parties in Limited Circumstances In the case of Osornio v Weingarten, the court held that an attorney s liability for professional negligence does not ordinarily extend beyond the client except in limited circumstances. Because Maria hired the Defendant to prepare and record the deed transfer and to then deliver the deed to Dalia, she was the Defendant s client and any attempt by anyone to seek professional negligent against the Defendant beyond Maria would fail. However, it was Maria s present intent to write a deed with Dalia as joint tenant and to have it immediately recorded by the Defendant. While delivery with a present intent to convey title is required for a valid transfer, recording of the deed is not a requirement for a valid transfer. Thus, the Defendant s failure to record the deed before Maria s death is not grounds to invalidate the deed but resulted in Dalia receiving only one-third of the value of the property instead of one hundred percent ownership. Therefore, the court must review the following seven factors to determine if Dalia in fact was owed a duty by the Defendant so that she can succeed in her malpractice action against him. 7 Factors The court in Orsonio held that an attorney s liability to a third person not in privity is a matter of policy and involves the balancing of various factors. (1) The Extent to Which the Transaction Was Intended to Affect the Plaintiff Dalia was not a client of the Defendant. Yet the Defendant s work for Maria in preparing and recording the deed naming Dalia as a joint tenant made Dalia an intended beneficiary. The Defendant stated that Maria told him she wanted Dalia to receive her property once she passed away thus the Defendant knew Maria s intent. The Defendant s failure to record the deed resulted in Dalia receiving only a onethird interest in Maria s property. There is no doubt that the end and aim of preparing and recording the deed was to provide Dalia the property after the CONCLUSION CLEF is currently violating both the Columbia law and the Attorney General s proposed requirements. It is strongly recommended that CLEF immediately comply with the suggested modifications to current practices to prevent any further violations. This Performance Answer was written for exclusive use only by Irene Basdakis at Bar Made Easy. All rights reserved. Copyright It may not be transmitted, edited or used for any commercial or any other purpose without the express written, signed consent of Irene Basdakis. To learn more about private tutoring for CA Bar Essays and Performance Tests or to submit any questions, corrections or suggestions, please or visit BarMadeEasy.com. passing of Maria. The Defendant s failure to record the deed affected Dalia to her extreme detriment. (2) The Foreseeability of Harm to Him It was clearly foreseeable at the time the Defendant prepared the deed that if he failed to exercise due care to effectuate the testamentary transfer that Maria intended upon her death, Dalia would be damaged. In addition, Charles challenged the validity of the August 30, 2008 forcing the issue to be addressed in the probate court, which resulted in the property being distributed under intestate law. Thus the harm to Dalia was foreseeable. (3) The Degree of Certainty That the Plaintiff Suffered Injury Although Maria intended Dalia to receive the property with sole ownership, Dalia received a onethird interest only. Dalia will sustain the definite injury of being deprived on the estate she should have received, but for the Defendant s failure to timely record the deed. (4) The Closeness of the Connection Between the Defendant s Conduct and the Injury Suffered The Defendant alleged the delay in recording the deed was not the cause of Dalia s failure to prevail in the probate court claiming Maria did not intend delivery of the deed to Dalia. Thus, there was no casual connection between the Defendant s failure to record and Dalia s injury. On the contrary, Maria instructed the Defendant to record the deed after she signed it. While Maria was in the hospital at the time and in a lot of pain, the Defendant himself testified that she seemed to have all her wits about her and that Maria knew who she was and what the Defendant was there to do. Yet, upon Maria s release from the hospital until the day she died, the Defendant never contacted Maria to confirm her intent. Therefore, Dalia can establish that, but for the Defendant s failure to timely record the deed, Dalia would not have been damaged. (5) The Policy of Preventing Future Harm The Defendant claims that Dalia had already had a trial on her right of the property so no policy of preventing future harm is serviced with the malpractice suit. However, if Dalia, as a testamentary beneficiary, is deprived of the right to bring suit against the Defendant responsible for the failure on the intended bequest, no one would be able to bring such action. The policy of preventing harm would thus be impaired. (6) Whether the Recognition of Liability Would Impose an Undue Burden on the Profession The Defendant testified that he was unsure of Maria s true intent and deferred recordation for this reason but if looking out for his elderly and ill client could expose him to liability of others, it would place an undue burden on the legal system. On the contrary, a duty placed on the Defendant toward Dalia, a third party, does not place an undue burden CONTINUED ON PAGE 17 TEST B

17 New Lawyer Test B Continued from page 16 on the profession, particularly when taking into consideration that a contrary conclusion would cause an innocent beneficiary to bear the loss. (7) The Likelihood That Imposition of Liability Might Interfere with the Attorney s Ethical Duty to the Client The Defendant will argue that if looking out for his elderly and ill client could expose him to liability to others it would interfere with an attorney s primary ethical duty to his client. Alternatively, an imposition of liability would encourage attorneys to devote their best professional efforts on behalf of their clients to ensure that transfers of property to a particular individual are free from avoidable challenge. Dalia would then have received sole ownership of Maria s property as intended by Maria. As in Osornio, we have also balanced the factors that must be considered in evaluating the question of the Defendant s potential liability to third parties. As a matter of public policy, it must be concluded that the Defendant clearly owed a duty of care to Dalia. CONCLUSION The Defendant undoubtedly owed a duty to Dalia. Since her complaint stated a specific cause of action, the Defendant s demurrer must be denied. This Performance Answer was written for exclusive use only by Irene Basdakis at Bar Made Easy. All rights reserved. Copyright It may not be transmitted, edited or used for any commercial or any other purpose without the express written, signed consent of Irene Basdakis. To learn more about private tutoring for CA Bar Essays and Performance Tests or to submit any questions, corrections or suggestions, please or visit BarMadeEasy.com. Passed LIST OF THOSE WHO Here is a complete list of those who passed the July 2012 California State Bar Exam. A AARSETH, STEPHANIE AMBER AGRAWAL, PARAG Galt, CA Santa Monica, CA ABESAMIS, ALAINE ALFA AGUAYO, ULYSSES LORENZO Sacramento, CA ABOOD, AARON BIGBEE AGUILASOCHO, EDGAR IVAN Stockton, CA Riverside, CA ABOU-RAMADAN, KAREEM ADLY AGUILERA, ERIC ALONZO West Covina, CA Lancaster, CA ABRAHAM, EMILY ANNE AHMADIAN, ROXANA Encinitas, CA Malibu, CA ABRAHAM, SCOTT ROSS AHMED, BURAK S. San Diego, CA 9212 Henderson, NV ABRAMS, BRIANA MICHELLE AHMED, SAMEER San Mateo, CA San Ramon, CA ABTAHI, CYRUS ARTHUR AHMED, SARA San Diego, CA Los Angeles, CA ABUGHEIDA, ALI MOHAMMED AHN, BYRON SEHO Westlake Village, CA Mountain View, CA ABUZALAF, SHAUN IHSAN AHN, JINNY New York, NY ACAB, JULIUS EMPERADOR AHUJA, JASLEEN Los Angeles, CA Los Angeles, CA, ACEVEDO, DENA YONIT AHUSSAIN, MADIHHA Saratoga, CA ACEVEDO, KENIA AI, CHUAN DAVID Marina, CA ACHARYA, RANJINI AIDA, JUSTIN HIDEKI Stanford, CA San Clemente, CA ACHEN, ROBIN ANDREA AINGE, JASON ROBERT Van Nuys, CA Poway, CA ACHERMAN, SAUL AIZAD, JARED Las Vegas, NV Sandy, UT ACKER, EVAN MATHEW AJALAT, DAVID MITRY La Canada Flintrid, CA ACKER, JENNIFER LEIGH AJAWARA, LINDA ANULIKA El Granada, CA Yorktown Heights, NY ACKERMAN, LILY JOY AJAYI, AKINYEMI OLUWASEUN Hercules, CA ACUNA, ADELINA ROSA AJMANI, NISHA SUZANNE San Francisco, CA Berkeley, CA ACUNA, FERNANDO AKADA, MIHO Santa Ana, CA Irvine, CA ACUNA, JESSICA GABRIELA AKHAVAN, NAKKISA Hawthorne, CA Danville, CA ADAM, LILY ELIZABETH AKIN, CHERYL LYNN Folsom, CA ADAMS, BRADFORD THOMAS AKOPYAN, ARSINE Kennebunkport, ME Burbank, CA ADAMS, DAVID IKENNA AKSELRUD, MICHAEL ALLEN Hercules, CA Porter Ranch, CA ADAMS, ELIZABETH ANNE AL-HASHIMI, NOUR MUHSIN Perris, CA ADAMS, ERIC SAMUEL AL-MESNED, OMAR KHALID Huntsville, AL ADAMS, NICHOLAU WILLIAM ALAEE, NEDDA Oakland, CA Danville, CA ADAMS. TOBY PHOEBE E. ALANIS, CORINNA JOY Washington, DC ADELSON, MARISA ALARCON, LISA M Ann Arbor, MI La Mirada, CA ADEYANJU, EDIRIVERERE PATIENCE ALBANO, CAROLINE JOSEFINA Walnut Creek, CA San Diego, CA ADEYEMO, CHELSEA RICHARDS ALBERTINE, HALEY THERESA Pacific Grove, CA San Francisco, CA ADJNASIAN, FARAZ ALBERTS, JOSEPH BENJAMIN Beverly Hills, CA Austin, TX ADLER, ILYSSA M ALBERTSON, NICOLE BOERGER ADRIANCE, ALAN JESS ALBU, BOGDAN -ALEXANDRU San Diego, CA Seattle, WA AFENDOULIS, PETER CONSTANTINE ALCANTARA, GRACE ESPINELI Grand Rapids, MI Costa Mesa, CA AFNANI, ANISA SUBHANI ALCARAZ, ELI ALAN Fremont, CA Hacienda Heights, CA AGARWAL, GUNJAN ALCORN, RACHAEL ELIZABETH Rancho Cucamonga, CA AGAZANOF, ASAF ALCORN, THOMAS CLAYTON Los Angeles, CA Los Angeles, CA AGGARWAL, NEIL ALDEN, MATHEW R Chicago, IL Lafayette, CA AGHA HOSSEINI, ALI ALDEN, NADIA ANN Washington, DC Huntington Beach, CA AGHAZADEH-SANAEI, MONA ALEALI, MIKE Concord, CA Fullerton, CA AGHNAMI, EILEEN ZARY ALEMAN, ELIZABETH MARGARET Marina Del Rey, CA AGNIHOTRI, VINITA ALES, GAVIN THOMAS Venice, CA Woodland Hills, CA AGNOLETTI, JOHN PETER ALEXANDER, CHRIS PAGONIS ALEXANDER, SARAH PASCAL San Francisco, CA, ALEXANDER, YONINA ETKE Berkeley, CA ALFARO, ERICA MARIE Orangevale, CA ALICIE, JOELLEN RENEE Oceanside, CA ALKIRE, SHARON ELAYNE Oakland, CA ALLEBORN, PATRICIA MARIE ALLEN, JANELLE FLORENCE Redwood City, CA ALLEN, JULIA LEES ALLIANCE, DANIEL Roslyn, NY ALLINSON, EDWARD PAGE ALLRED, ASHLEY ANN Fresno, CA ALLRED, STEPHEN NATHANIEL Sacramento, CA ALMAN, SAM FERRELL Lexington, VA ALPER, JUSTIN VICTOR Henderson, NV ALPHONSO, MARIZE SALOME Los Angeles, CA90025 ALTMAN, PETER IAN ALVARADO, NICOLLETTE MICHELLE Chino, CA ALVAREZ, JUAN LEONEL Paramount, CA ALVI, MOHAMMED AHSAN Chicago, IL AMAYA, PATRICK Brea, CA AMBAYE, JONATHAN BROOK Los Angeles, CA AMBER, DOUGLAS IAN Bloomfield Hills, MI AMEETI, MONICA LAUREN Washington, DC AMENT, ANDREA Alhambra, CA AMES, MATTHEW PHILLIP Newbury Park, CA AMES, SAMANTHA SHELBY Washington, DC AMIN, HAITHAM G Walnut Creek, CA AMINI, GISSELLE MARIE Aliso Viejo, CA AMINPOUR, LEILA Irvine, CA AMIR, NATHALIE ESTHER Sherman Oaks, CA AMOEDO, ALFREDO WILLIAM San Francisco, CA ANANIADES, TRISHA RENEE Cambridge, MA ANAPOL, JEREMY ANGUS Irvine, CA ANDERLINI, ANDREW STERLING Daly City, CA ANDERS-GABLE, JENNIFER LYNN Citrus Heights, CA ANDERSEN, LEANNE LAUREN San Jose, CA ANDERSEN, MIRANDA CHRISTINE KREIS Costa Mesa, CA ANDERSON, CASEY MARIE Sacramento, CA ANDERSON, DIANNE MARIE ANDERSON, DREW EUGENE Greenwood Village, CO ANDERSON, ERICA LYN SWOYER Carmichael, CA95608 ANDERSON, KIRK JARED Novato, CA ANDERSON, MICHAEL OWEN Los Angeles, CA ANDERSON, NICHOLAS CHARLES Los Angeles, CA ANDERSON-BIALIS, DEBORAH STRAUSS ANDREWS, SHERRI LYNN Tujunga, CA ANDREWS, TRENT JACKSON Encinitas, CA ANDRUS, MARK TERRY Riverton, UT ANSON, CHRISTOPHER COLE Coronado, CA ANTOVICH, AUBREY ELIZABETH Newport Beach, CA ANTOVICH, NIKOLAS GEORGE San Diego, CA ANTWILER, JOHNNY LEE Studio City, CA AOKI, YAYOI Shinjuku-Ku, Tokyo, Japan APOLLONIO, ADAM MICHAEL Placentia, CA, APPLEBY, CLARE ANNETTE APPLEWHITE, REBECCA ASHLEY Sunnyvale, CA AQUINO, ANAIS MARTINEZ ARABI, MANI ARAKELIAN, ANNIE BALASANI Glendale, CA ARAMBULA, ELIZABETH Y. DE LA TORR El Cerrito, CA ARCE, CYNTHIA ANN Spring Valley, CA ARDALAN, ARASH Woodland Hills, CA ARDALAN, JOANNA ARENS, SAMANTHA ANNE Ukiah, CA ARGUETA, CARLOS ALEJANDRO Palmdale, CA ARIA, SINA SEAN Irvine, CA ARIAS, CORAL HILARIA Rancho Cucamonga, CA ARJMAND, NASEEM NANCY ARMIJO, JESSICA BREANNE Oceanside, CA ARMSTRONG, BLAKE ROBERT Irvine, CA ARMSTRONG, MARGARET ANNE Saint Paul, MN ARNOLD, ANGELIQUE MARYON San Rafael, CA ARNOLD, JENELLE CHRISTINE ARONSON, ALEXANDER BURGESS MATHE Palo Alto, CA ARORA, SHALINI Cupertino, CA ASATOURIAN, MICHAEL ROLIN Yorba Linda, CA ASDORIAN, BLAKE MARTIN Emeryville, CA ASH, LORI ANN Phoenix, AZ ASHBURN, SEAN EDWIN Chicago, IL ASHCROFT, ERIC BRUCE Kaysville, UT ASHER, AMY ELIZABETH Los Angeles, CA ASHWORTH, MICHAEL CHRISTOPHER Mission Viejo, CA ASIYANBI, SAMSON OLUWASEGUN San Francisco, CA ASKELAND, LAUREN RAE Los Altos, CA ASPLUND, SCOTT DAVID San Jose, CA ASSAGAI, CALIPH EDWARD ASSEFA, MARCUS ASTALOS, DALIA ELLA ASTIFO, NANCY KAMIL Spring Valley, CA ASTURIAS, MARIA-DANIEL Aptos, CA ATKINSON, CHRIS COLLINS ATKINSON, HOLLY JEAN Redwood City, CA ATMAJA, AGUNG WIRYA Loma Linda, CA ATOYAN, NONA ATTIQ, HOLLY CHRISTINE El Cajon, CA AULBERT, WILLIAM JAMES Los Angeles, CA AURIT, MICHAEL JONATHAN Santa Monica, CA AUSTIN, ELIZABETH ROSE Healdsburg, CA AUSTIN, RYAN DOW Santa Monica, CA AUT, MONNYDA La Puente, CA AVANESSIAN, ARPA Tujunga, CA AVEDISSIAN CHRISTINA Winnetka, CA AVERILL, KRISTIN ELIZABETH White Plains, NY AVERY, JEFFREY IRVIN Lemoore, CA AXTELL, SARAH BLAGOJEVIC Fremont, CA AYER, CASEY LEIA Champaign, IL AYOTTE, ALYSSA B Malibu, CA AZAR, BENJAMIN ALEXANDER Laguna Hills, CA AZEMA, CHARLENE ASAL Beverly Hills, CA AZIZ, YOUSTINA N Mission Viejo, CA AZIZYAN, HENRY Burbank, CA BABAKHANIAN, ERIK Glendale, CA BACA, HILLARY JAY Los Angeles, CA BACA, MEGAN RISTAU San Francisco, CA BACALAO, LUIS ARMANDO Mountain View, CA BACHELDER, TYLER GLENN Newport Beach, CA BACULI, LILLI ANGELIQUE BERBANO BADALI, ANET Glendale, CA BADEN, KELLY IRENE Montrose, CA BADER, ANDREW MICHAEL Rancho Santa Marga, CA BAE, HYUNG JICK BAE, OKHEE BAE CHUNG, MARIA CRISTINA Los Angeles, CA BAER, JENNIFER JANIS Los Altos, CA BAHARUN, NAJEH A Ingelwood, CA BAIER, DENNIS MICHAEL Monrovia, CA BAILEY, DANIELLE GRGICH Milwaukee, WI BAILEY, DIANE SARAH Arlington, VA BAILEY, LINDSAY MICHELLE Oak Park, CA BAILEY-FINDLEY, KAITLYN DEE Anaheim, CA BAILLET, CHRISTIAN TETSU Berkeley, CA BAILY, BLAIRE HAMILTON Torrance, CA BAIN, JENNY ELIZABETH Sacramento, CA BAKER, BRENDAN DANFORD BALA, NILA Elk Grove, CA BALANJI, GUYANE Valley Village, CA BALCITA, JOHN CARLO ASPIRAS Carson, CA BALDOCK, MICHAEL THOMAS BALDRIDGE, DANIEL DAVID Clovis, CA BALDWIN, KEVIN MATTHEW New Orleans, LA BALESTRINI, JENNY PAULA San Jose, CA BALIGA, CHAYA Sunnyvale, CA BALL, CHRISTOPHER SAI-HWA Glendale, CA BALL, ELIZABETH NICOLE Los Angeles, CA BAN, ERIKA Hudson, OH BAND, JESSICA MELANIE Palo Alto, CA BANDOMA, MARI DANI PORCIUNCULA Hayward, CA BANGLE, LACEY LACHELLE Oakland, CA BANNER, STUART ALAN Santa Monica, CA BAQI, FARIDOON DAVID Culver City, CA BARAJAS-CARRILLO, AGXIBEL Coachella, CA BARAKAT, SHARIFF NABIL Washington, DC BARASH, EUGENE Encino, CA BARCENA, NOREEN LYSETTE Hacienda Heights, CA BARCLAY, CYNTHIA ELLEN Castro Valley, CA BARCLAY, IAIN San Francisco, CA BARCLAY, KELSEY LEE Lafayette, CA BAREL, JORDAN MICHAEL Wayne, NJ BARKAN, ALLA South San Francisco, CA BARKER, JOHN ADAM Tustin, CA BARKER PITTULLO, BRITANI ANNE Rancho Cucamonga, CA BARNARD, SHANNON Murrieta, CA BARNES, CARL DELMAR Washington, DC, BAROIAN, EDWARD ASHOT Los Angeles, CA BAROMA, JUAN ENRICO Glendale, CA BARON, ZACHARY LOUIS Sacramento, CA BARR, ASHLEY MARIE Rialto, CA BARR, CAMILLE MARIA BARRAZA, FRANCIS Chula Vista, CA BARRETT, KYLE THOMAS BARRETT, TREVOR WILLIAM Northridge, CA BARRON, AUDREY ANN Berkeley, CA BARROW, ELIZABETH ADGER Los Angeles, CA BARRY, PATRICK JAMES Rochester, NY BARSEGYAN, SHUSHAN Glendale, CA BARSHAK, VALERY SANDRA BARTA, THOMAS ANDREW Houston, TX BARTELL, TIMOTHY DOUGLAS Fresno, CA BARTH, CAITLIN MALLORY Oakland, CA BARTLETT, ANDREW JOHN B November 20, 2012 Daily Journal Supplement 17

18 New Lawyer: The List Mill Valley, CA BARTOLIC, MICHELLE CHRISTINE BARTON, ADAM DUANE San Jose, CA BARTON, JUSTIN ALEXANDER Encinitas, CA BARTON, VERONICA THERESE Downers Grove, IL BARTZ, NICOLE ELAINE Rancho Palos Verde, CA BARUCH, JAKE San Diego, CA BASAR, CAGLA ZEYNEP Huntington Beach, CA BASEL, JESSE BENJAMIN Danville, CA BASHKIROVA, ALEXANDRA VLADIMIROVNA San Diego, CA BASI, ANISHA KAUR Modesto, CA BASINGER, STEPHEN ANGUS Riverside, CA BASOL, EROL CENGIZ Manhattan Beach, CA BASS, DANIEL JOSEPH Brookline, MO BASSIRI, HAASTY SARA Irvine, CA BASSIRI, HASSAN ALI Encino, CA BATCHAN, CYRUS LEON Sherman Oaks, CA BATES, DANIELA NAI JEN Irvine, CA BATES, NICEA MICHELLE Clovis, CA BATES, TRENISE LASHAWN Tustin, CA BATT, BRANDON CHARLES San Diego, CA BATTEN, SHAWN DOUGLAS Los Angeles, CA BATTEY, LAUREN ASHLEY Warrenton, VA BAUER, DANIELLE HAZEL Santa Ana, CA BAUER, MICHAEL EUGENE BAUMAN, RYAN DOUGLAS San Diego, CA BAUMANN, JAMES HENRY BAUMANN, JOHN WALL Rolling Hills, CA BAUMLI, JUSTIN NEAL San Jose, CA BAUTISTA, JENNIFER AGUINALDO Emeryville, CA BAUTISTA, SAMANTHA-MARIE MARQUEZ Rancho Cordova, CA BAYHAM, GREGORY PAUL Phoenix, AZ BAYLES, SCOT CLARK Las Vegas, NV BAYLON, JACQUELYN MARIKO Culver City, CA BEACH, JANINE ANEEKA Los Angeles, CA BEAL, ANDREW JOSEPH BEASLEY COCKROFT, MATTHEW S BEAU DE PARIS, CEDRIC BLAKE West Hollywood, CA BEAUDREAU, DAVID WAYNE BECERRA, ANA MARIA Brea, CA BECK, AMANDA HUDSON Portland, ME BECK, ERIK WILLIAM Orange, CA BECK, JAMES ROBERT BECK, RACHEL ANNA Oakland, CA BECKER, ANDREAS Ojai, CA BECKLES, SABRYNA DANIELLE Los Angeles, CA BEDERMAN, DAVID SAMUEL West Hollywood, CA BEELER, BRETT CAMERON Bellflower, CA BEERY, JOSEPH RYAN Exeter, CA BEG, SABRINA Santa Ana, CA BEHAR, SCOTT ALAN San Francisco, CA BEHESNILIAN, NICOLE TAMAR Laguna Hills, CA BEHFARIN, TIFFANY Beverly Hills, CA BEHLES, CAITLIN MAUREEN South Bend, IN BEHN, WALTER MARTIN Santa Clara, CA BEHRENS, GARRETT ROBERT Anaheim, CA BEHSERESHT, KEVIN AMIR Playa Vista, CA BEKKER, PAUL DAVID Chestnut Hill, MA BELBAHRI, SALEEM ISHI San Francisco, CA BELDEN, ASHLEY DIANNE Elk Grove, CA BELER, MICHAEL J Cambridge, MA BELFER, PHILIP JOHN Long Beach, CA BELIN, ALEXANDRA Arcadia, CA BELISLE, JOANNE ELIZABETH Long Beach CA BELL, ALYSSA DANIELA Los Angeles, CA BELL, AMY JEAN Charlotte, NC BELL, GARY B BELLEFLEUR, CLAIRE ELISABETH Tacoma, WA BELLSHAW, LEAH JANE Los Altos Hills, CA BELLUMORI, DAVID ALLEN Menlo Park, CA BELOUS, KATHY Tarzana, CA BELZER, DANIEL AKIBA BENDER, ERIC JOHN Sacramento, CA BENDINELLI, SHAUNA RAE Santa Monica, CA BENDIX, KEVIN DOUGLAS Berkeley, CA BENETTI, LAURA ELIZABETH BENKER RITCHEY, STEVEN JAMES BENKNER, JASON ARTHUR Escondido, CA BENNETT, AMANDA ELIZABETH Escondido, CA BENNETT, BRIENNE AMBER Pasadena, CA BENNETT, CHRISTINA LEATON Mountain View, CA BENNETT, GREGORY MILLS BENNINGTON, SARAH ANNE Encinitas, CA BENSON, MARK Vacaville, CA BENSON, MATTHEW S Santa Monica, CA BENTALEB, HABIB MOHAMED Novato, CA BERCES, ANNA ELIZABETH San Rafael, CA BERCOVITCH, STEVEN ISAAC BERENCSI, ERICA LEIGH Los Angeles, CA BERG, LINDSEY NOELLE Salinas, CA BERGER, AARON Los Angeles, CA BERGER, CAITLIN M Portland, OR BERGER, CHANTENE DOMINIQUE Chatsworth, CA BERGSTROM, KATRINA LYNNE BERGT, KEVIN CHARLES Encinitas, CA BERKLEY, BENJAMIN LAWRENCE San Francisco, CA BERKOVICH, LEV Encino, CA BERNARDY, TIMOTHY JOSEPH Corona Del Mar, CA BERNATE, NICHOLAS JAIME BERNDT, JASMINE HELEN San Diego, CA BERNET, REED BERNSEN, ERIC ANTHONY BERNSTEIN, ALLISON SHAYNE Oak Park, CA BERNTHAL, LUKE EDWARD Berkeley, CA BERRY, JOHN WILLIS Los Angeles, CA BERRY, TIFFANY ANN Lomita, CA BERS, REBECCA ANN New York, NY BERTHELSEN, AMELIA A BERTOLLI, ANDREW MARCUS WEIL Healdsbur, CA BERTSCHY, KENDRA GABRIELLA Truckee, CA BERYT, ELIZABETH MARGARET Malibu, CA BESINQUE, RYAN JAMES Santa Monica, CA BETSCH, AMANDA FISK San Diego, CA BEVERLIN, AMY ELAINE Redondo Beach, CA BHANDARI, SUMITA San Ramon, CA BHARDWAJ, VARUN Hawthorne, CA BHAT, SIMI New Haven, CT BHATIA, KATHRYN LINDSAY Long Beach, CA BHATTACHARJEE, SAURISH BHUKET, AMANDA LYN Seattle, WA BHUSHAN, NATASHA ANNA Camarillo, CA BIBIYAN, DAVID DANIEL Tarzana, CA BICHSEL, THERESA JOHNSON Irvine, CA BIEGLER, GEOFFREY DONOVAN San Diego, CA BIENVENU, CLARE MARIE BIERMAN, ADAM ZAFF Northridge, CA BIGONGER, SAMANTHA SUZANNE Orange, CA BILEK, JAMES VICTOR Orange, CA BILETSKY, JOSHUA MICHAEL Los Angeles, CA BILLINGS, NICOLAS CARL Oceanside, CA BILLS, ADAM CHRISTOPHER 18 Daily Journal Supplement November 20, 2012 Corona, CA BILOTTI, DANIEL KAVANAUGH Orinda, CA BINDER, CHRISTIAN PAUL San Jose, CA BINNING, SARAH REBECCA Huntington Beach, CA BIRBEN, EGEMEN BIRENBAUM, JOSHUA NATHANIEL Los Angeles, CA BIRLEY, JIMMIE JACK Montgomery, AL BIRO, WARREN JUERGEN West Hollywood, CA BISSETT, SADIE M San Francisco, CA BLABOLIL, REBECCA DIANNE Chicago, IL BLACK, KIRK NULTON San Mateo, CA BLACK, KRISTI MICHELLE Berkeley, CA BLACK, LAURA CATHERINE BLACK, TAYLOR ERIN Laguna Niguel, CA BLAKE, BRENDEN RANDES Pleasanton, CA BLANCO, PHILIP NICHOLAS Oak Park, CA BLANCO, ROBERT JOSEPH BLAS, JESSICA MONIQUE San Diego, CA BLASKI, JODY MARIE BLAYLOCK, CHRISTOPHER MICHAEL San Diego, CA BLAYLOCK, CHRISTOPHER WILLIAM Upland, CA BLOCH, ELAN Encino, CA BLOHM, VICTORIA KRISTEN BLOM, DANIEL DAVID BLOMGREN, DANIEL LEE BLOOD, PATRICK RYAN Sacramento, CA BLOOM, CAITLIN BROOKE West Bloomfield, MI BLUE, DONTE DESHAWN El Cerrito, CA BLUM, AUSTIN WILLIAM Ipswich, MA BLUM, JONATHAN DANIEL Las Vegas, NV BLUM, LIAT DANIELLE San Anselmo, CA BLUM, MATTHEW MARCH BLUMENKOPF, BRYAN ALAN San Diego, CA BOBO, MICAH DORON Kensington, CA BOCHNER, DAVID Venice, CA BOCK, ELIZABETH MARTA Granada Hills, CA BODEY, IVANA Alameda, CA BODHIREDDY, SHIVA Lubbock, TX BOECHE II, ROBERT RONALD BOEHMIG, JASON WALLACE Wexford, PA BOESSENECKER, SARA JEAN Clayton, CA BOGER, GREGORY ZIVNA BOHNER, DEL MARTYN Pacifica, CA BOHREN, JOHN CHRISTIAN BOKHOUR, MEHRDAD BOKIDES, ANNA GRACE Acampo, CA BOLDS, JALIESA MICHELLE BOLDUC, LYNNE Hoboken, NJ BOLESCH, DOUGLAS GEORGE Walnut Creek, CA BOLIN, NGOZI EVELYN Simi Valley, CA BOLING, WESLEY AARON Newport News, VA BOLLING, JESSE KRAMER Laguna Beach, CA BOLTON, CAROLINE GINALUCIA BONDARIAN, BITA Fountain Valley, CA BONDY, TODD ALAN North Hollywood, CA BONFILIO, MARTIN BRILL San Francisco, CA BONNER, GREGORY SCOTT Rialto, CA BONNETT, ASHLEY CHRYSTIN HOM Sacramento, CA BONNIE, JAMES PATRICK MACLEOD Livermore, CA BONOVICH, MATTHEW STEVEN BOOLUKOS, KATHRYN THERESA Seattle, WA BOONE, ALYSSA MARIE Wichita, KS BOONE, TIMOTHY KENNETH Oakdale, CA BOORAS, JOEL COOPER BOOS, BRENT REED Cambridge, MA BOOTH, SUSAN NICOLE LOSCUTOF Sacramento, CA BORDENAVE, CHRISTOPHER DEAN Inglewood, CA BORG, MARC KEVIN Granbury, TX BORGES, ANDREW P Vacaville, CA BORGES, CHELSEY LEE Gilroy, CA BORISON, SCOTT C Walkersville, MD BOROUJERDI-RAD, LEYLI Irvine, CA BORSKA, JUSTIN IVAN Porter Ranch, CA BORSUTZKI, CLAUDIA Pasadena, CA BORTHWICK, CLAIRE ELIZABETH Pacific Palisades, CA BOSBYSHELL, MARY KATHRYNE San Jose, CA BOUDIN, CHESA Berkeley, CA BOUGHEN, LUKE PAYNE Dana Point, CA BOUNDY, MARA BOUTROS, NADA LABIB Berkeley, CA BOUWER, CARISSA LIANE MONFALCON Sacramento, CA BOWER, ALICIA ANNE Suisun City, CA BOWLBY, JOHN MILTON Garden Grove, CA BOWLES, KATHERINE ANNE BOWMAN, ASHLEY DIONNE San Francisco, CA BOX, LARANN KATHLEEN Covina, CA BOYADZHYAN, GARY North Hollywood, CA BOYD, CONNOR CURTIS BOYER, JAY RANDALL Claremont, CA BRACEWELL, CHARLES SEARCY BRADFORD, KRISTAL DANIELLE Cerritos, CA BRADLEY, JON-MICHAEL ROBERT Anaheim, CA BRADT, LARA ANNE ORAVEC Albany, CA BRADY, KELLIE ANNE El Cajon, CA BRADY, KEVIN LEE Chicago, IL BRADY, MATTHEW MITCHELL Hermosa Beach, CA BRAGIN, LAUREN HANNAH BRAINERD, KRISTIN MARIE Sacramento, CA BRAITHWAITE, JARED J Sandy, UT BRAND, LEE SAMUEL ERTAG New York, NY BRANDENBURG, EMILY ANNE Yorba Linda, CA BRANDES, PRIYA DAHANUKAR Mill Valley, CA BRANE, AUSTIN PAUL BRANEN, DANA E. Palos Verdes Estat, CA BRANIFF, CHRISTOPHER TODD Elk Grove, CA BRANTNER, SCOTT JOSEPH BRAR, SATNAM Fresno, CA BRATTON, WILLIAM JOSEPH Nyack, NY BRAUER, LAURA ANN BRAUN, SARAH ELAINE BRAUNER, ADAM Pacific Grove, CA BRAUNSTEIN, ALANA San Diego, CA BRAY, EMILY ELLEN Carlsbad, CA BRAY, KENDRA ELYSE BREITMAN, ANDREW JONATHAN Encino, CA BRENNEMAN, JACQUELINE ELIZABETH BREUNIG, ROBERT GEORGE San Diego, CA BREWSTER, SCOTT THOMAS Oakland, CA BREZNAY, LAURA CATHERINE BRICE, ANDREW ROBINS Emeryville, CA BRIERS, ZACHARY MICHAEL BRIGGS, ANGELA M Fairfax, VA BRIGGS, WILLIAM KARR Kent City, MI BRINEY, KRISTEN ANN Fountain Valley, CA BRINGARDNER, MARK JOSEPH Santa Monica, CA BRINKER, ACHIM Berkeley, CA BRINTON, MATTHEW L South Pasadena, CA BRION, LAUREN ELIZABETH Anchorage, AK BRISCOE, KATIE ELIZABETH Sacramento, CA BRISENO, MONICA ROSIO Berkeley, CA BROCCO, MAUREEN ANN Iowa City, IA BRODY, DAVID RYAN Cambridge, MA BROMLOW, LAURA LEE Long Beach, CA BRONSON, JASON EDWARD BROSSIER, JUSTIN LEON Playa Del Rey, CA BROTMAN, GARY SOLOMON Carlsbad, CA BROUTIAN, MARAL Sherman Oaks, CA BROWN, AARON PHILLIP Yorba Linda, CA BROWN, CHRISTINA LYNN Montgomery, AL BROWN, DAVID ANDREW Berkeley, CA BROWN, FLOYD San Diego, CA BROWN, JESSICA MIFFLIN HARKINS Santa Clara, CA BROWN, JOSHUA EUGENE Red Bluff, CA BROWN, JUSTIN D San Jose, CA BROWN, MICHELE NAOMI Santa Clara, CA BROWN, NATHAN ARI Fountain Valley, CA BROWN, RACHAEL ELIZABETH San Jose, CA BROWN, ROBERT LESLIE Sausalito, CA BROWN, SUSAN SHEILA San Mateo, CA BROWNE, MOLLY BROWNE, PADRIG WILLIAM EDGAR Irvine, CA BROWNELL, ARIEL IONE BROWNING, JORDAN MATTHEW Pacific Palisades, CA BROWNSON, ANDREW JAMES Rancho Cucamonga, CA BRUCE, KATHERINE ANNE Norwalk, CA BRUGGMAN, MICHAEL ROBERT Washington, DC BRUMWELL, CHRISTOPHER DAVID Los Angeles, CA BRUNNER, MAXWELL ROY Los Altos, CA BRUNNER, MEGAN ALICE North Hollywood, CA BRUNO, MATTHEW SCHRAND BRYANT, DAYNA MARIE Sacramento, CA BRYANT, TRACIE LYNN Arlington, VA BRYSON, NICHOLAS ALLEN Sacramento, CA BUCHANAN, BROOKE ALEXIS Orange, CA BUCHKO, CHRISTOPHER JOHN Chicago, IL BUCK, SEAN MICHAEL Santa Ana, CA BUCUR, NICOLE NOELLE Laguna Hills, CA BUDA, LUCI DANIELLE BUDDINGH, KATHARINE ELIZABETH BUDNER, KEVIN REID Berkeley, CA BUECHNER, STEVEN MATTHEW Los Angeles, CA BUFFALANO, NICOLE ALICIA Santa Monica, CA BUI, ANSON M San Diego, CA BUITRAGO, MARGARET KAREN BUNDY, OLIVER NH BUNN, STEVEN WILLIAM Philadelphia, PA BUNNELL, MICHAEL TERRY Oceanside, CA BUNYAN, JILLIAN CHERYL Seattle, WA BURGESS, SHAWN BETH-MARIE San Francisco, CA BURGIN, ALISHA CHANTELLE BURKE, THOMAS PATRICK Venice, CA BURKE, TYLER GOODMAN Aptos, CA BURLIN, BJORN Long Beach, CA BURNELL, STEVE Fountain Valley, CA BURNETT, ANDREW GEORGE San Diego, CA BURNETT, TIMOTHY ANDREW Anaheim, CA BURNS, AMY KNIGHT San Jose, CA BURNS, DEBRA BRUBAKER San Jose, CA BURNS, JOHN FRANCIS Las Vegas, NV BURNS, KANDIS NAOMI Westminster, CA BURNS, KATHERINE ANNE BURNS, KAYLA ROSE BURRELL, ASHLEY ROSE Redwood Valley, CA BURRISE, MARJORIE ANDREA Stockton, CA BURTEN, COURTNEY NICOLE BUSBY, KRISTEN MARIE

19 New Lawyer: The List Oak Park, CA BUSCAINO, JASON L CARRILLO, RAFAEL Sacramento, CA Stockton, CA BUSCH, JOEL MATTHEW CARROLL, BRANDON ALEXANDER Aptos, CA Pasadena, CA BUSCH, MARK LEO CARROLL, PAUL GABRIEL Beaverton, OR Los Angeles, CA BUSH, MARY ELIZABETH CARSON, JAMES WARREN Canyon Country, CA Piedmont, CA BUSH, PAMELA HELENE CARSTENSEN, SAMUEL JOSEPH Chicago, IL Fairfield, CA BUSHEY, DOUGLAS MICHAEL CARTER, BENJAMIN JOHN Oakland, CA Torrance, CA BUSTAMANTE, JUAN CARLOS CARUSO, JASON MOBERLY Canoga Park CA BUSTOS, MICHAEL ALEXANDER CARVACHO, ROSANNA LYNN Altadena, CA West Sacramento, CA BUTTON, MELISA AILEEN CASEY, DAVID ALAN Medford, OR BUTTRY, WILLIAM GEARHART CASIDO, BRIAN MENDOZA Clovis, CA Belmont, CA BUXTON, MICHELLE LEE CASKEY, AMY LOUISE Sacramento, CA BYRNE, NOREEN IRENE CASNOCHA, JOHN GIDEON CSan Francisco, CA CABOT, JASON GOLDWATER CASSATA, MICHAEL KEARNS Somerville, MA San Francisco, CA CABRAL, COREY JESS CASTANEDA, CAROLINA Maywood, CA CABRERA, EMILY ESTELA CASTILLO MIRANDA, CARLOS RODRIGO MONROY Sunnyvale, CA Denver, CO CACCIATORE, ALEXANDRA BECKETT CASTRO, MAX DANIEL San Marino, CA West Hollywood, CA CACHUELA, JOSEPH MAMORU CATAHAN, NARDO J Berkeley, CA San Diego, CA CADAMBI, ANITHA CATALANO, NINA MARIA Yorba Linda, CA San Francisco, CA CADENA, CHRISTOPHER CATRON, HEATHER NICOLE Chino Hills, CA San Diego, CA CADENA, MEGAN AKEMI CAULEY, KEVIN DOUGLAS Los Angeles, CA Los Angeles, CA CADY, ADRIENNE CHRISTINE CAVANAUGH, JESSICA KAITLYN Washington, DC Orange, CA CAGLE, CLINTON DOUGLAS CAVANAUGH, JOSEPH DENIS Orlando, FL Littleton, CO CAGLE, MATTHEW THOMAS CAZARES, JOEL Palo Alto, CA Las Vegas, NV CAHILL, JONATHAN CHARLES CECENA, TANYA GABRIELLE Santa Rosa, CA CAINE, GARY ADAM CEGLIA, JOHN THEODORE Fresno, CA Olympia, WA CALCAGNO, BRIAN GEORGE CERCONE, KRISTINA KATZ Santa Barbara, CA CALDWELL, KATHERINE MARIE CERIONI, DANIEL LEE Portland, OR Alexandria, VA CALDWELL, LESLIE RAGON CESAR, TYLER JOSEPH New York, NY CALNERO, LAUREN ELIZABETH CHA, AARON SOO Sacramento, CA Gardena, CA CALSON, KRISTIN CATHERINE CHA, JESSICA Millbrae, CA Cerritos, CA CAMACHO, DEMIAN CHACHRA, RASHMI DAYAL Berkeley, CA CAMERON-HUNSAKER, MICHELLE JEANETTE CHAMI, NAJIB TAWFIK Anaheim, CA CAMPBELL, COLLEEN P CHAN, ALLISON WALLACE University Park, MD Sacramento, CA CAMPBELL, GAVIN CHRISTIAN PATRICK CHAN, ARTHUR KA-WAH Los Angeles, CA CAMPBELL, JASON SCOTT CHAN, CHRISTOPHER MARCUS CAMPBELL, SORAIYA ALEXIS CHAN, DARBY JING-DA San Francisco, CA CANALE, JOHN ANDREW CHAN, HILDA YIK Newton Center, MA Fremont, CA CANNON, ANDREW TIMOTHY CHAN, JACLYN ROXANNE Tracy, CA CANNON, BRYANT BARBER CHAN, JOHN CHI-WAH Lockeford, CA CANTILENA, SAMANTHA ELIZABETH CHAN, KONG-SUN Irvine, CA CANTOR, MICHAEL JEREMY CHAN, NICHOLAS POLI CANTU, JONATHAN CHRISTOPHER CHAN, RONALD W Los Gatos, CA CAPLAN, ELIZABETH FELDMAN CHAN, STEPHANIE JOYCE Mountain View, CA Walnut, CA CAPLAN, MICHAEL LEE CHAN, TRACY SZE San Francisco, CA Monterey Park, CA CAPUTO, KELLY MARIE CHAN-ADAMS, ERIN ALLISON San Diego, CA CARDELUS, JENNIFER DAWSON CHANDLER, LAURA KATHERINE Los Angeles, CA CARDENAS, MELISSA DIANE CHANDRARATNA, PRIYAN ANTHONY Los Angeles, CA CARDENAS, OLGA CELENA CHANG, AI-TANG Fountain Valley, CA CAREY, KEVIN HOWARD CHANG, AMY Leawood, KS CARINGAL, JENNIFER NUNEZ CHANG, ANNIE San Deigo, CA San Diego, CA CARINO, ELIZABETH MANALASTAS CHANG, BRIAN YANLANG Ann Arbor, MI CARLSON, EORL HAROLD SPENCER CHANG, CLIFFORD SHAWN Washington, DC Los Angeles, CA CARLSON, JONATHAN WADE CHANG, ERIC WEI-INN Fresno, CA CARLSON, KATHERINE ELAINE CHANG, JAMES JOU Poway, CA Cypress, CA CARLTON, BRADFORD SCOTT CHANG, LAUREN KIMBERLY Akron, OH CARMEL, ANAMAY MELMED CHANG, LEONARD KAITAO New York, NY Rancho Cucamonga, CA CARNES, LAUREL MARIAH CHANG, MONICA HOJU La Mesa, CA Clyde Hill, WA CARPENTER, LINDY BREANNA CHANG, NAIR DIANA Honolulu, HI San Francisco, CA CARPENTER, STEPHANIE LOUISE CHANG, YEA-JIUN CARPINELLI, MAX GIORGIO CHAO, KIMBERLEE ELIZABETH Vista, CA CARR, JENNIFER LYNN CHAPMAN, RACHEL BETH Lomita, CA CARRASCO, JONI ELIZABETH CHAPPLE, CATHERINE LINDSEY Irvine, CA Arlington, VA CARREON, BREEHAN ANN CHARITY, GARRETT FORRESTER San Diego, CA West Hollywood, CA CARRIDO, MELINDA M CHATFIELD, KELLIN MAURINE Glendale, CA San Diego, CA CARRIERE, CHARLES ALBERT NATHAN CHATTOPADHYA, MAGDALENA CHAVEZ, ANTHONY STEVEN CHAVEZ, JOLINA ARRORA Beaumont, CA CHECHELNIK, ALEX San Diego CA CHEEVER, FRANCES SARGENT Washington, DC CHELGREN, WHITNEY RACHELLE CHEN, BEATRIZ Reseda, CA CHEN, DENA Newark, CA CHEN, ERIC Saratoga, CA CHEN, IAN Los Altos Hills, CA CHEN, JENNIFER Washington, DC CHEN, JING South Bend, IN CHEN, JINMIN San Jose, CA CHEN, JOHN CHEN, LINNA R Thousand Oaks, CA CHEN, MARGARET MING Berkeley, CA CHEN, SAMSON YEH-YANG San Marino, CA CHEN, STEPHANIE Los Angeles, CA CHEN, TIANTIAN CHEN, TOM WEI-TING San Marino, CA CHEN, XIWEN Irvine, CA CHENEY, BRITTANY LYNN Carmichael, CA CHENEY, CLAYTON THOMAS CHENG, ANNIE Anaheim, CA CHENG, DAVID THOMAS CHENG, FONG CHING Central, Hong Kong, Hong Kong CHENG, MENG Sunnyvale, CA CHEUNG, KATHERINE CARLING San Jose, CA CHEUNG, SUET-YEE Standford, CA CHEUNG, WENDY WING CHI San Diego, CA CHI, CLIFFORD YI-CHENG Montebello, CA CHI, JUSTIN JUNGHWAN Sunland, CA CHIARELLA, GREGORY MICHAEL Foster City, CA CHICAS, KEVIN JASSON Visalia, CA CHIDYAUSIKU, CATHERINE MARY Foster City, CA CHIFCIAN, KATIE KAY Fullerton, CA CHILD, COLIN JAMES Sacramento, CA CHIN, MAYTAK San Leandro, CA CHING, CAMILLE LYNNE San Jose, CA CHIONG, THERESA GRACE Daly City, CA CHIRICA, MARIA CRISTINA San Jose CA CHIU, AARON T CHIU, LULU YUN-LU San Gabriel, CA CHO, DAVID Seoul, , South Korea CHO, EUNJI CHLOE San Francisco, CA CHO, KEN JAE Glendale, CA CHO, SKYLER FRANCISCO Cerritos, CA CHOE, JULIA SUN Atherton, CA CHOI, ANNA Cerritos, CA CHOI, HEUNGSOO San Diego, CA CHOI, JENNY SOOKYUNG Oak Park, CA CHOI, JEONG YEOL Palo Alto, CA CHOI, JIN-HEOK JOHN Sacramento, CA CHOI, JIWON New York, NY CHOI, MICHELLE S Irvine, CA CHOI, MINA YOUNG-MI CHOI, ROSA SUNJUNG Irvine, CA CHOI, WILLIAM SEO Los Angeles, CA CHOLAKIAN, SEVANA Tujunga, CA CHOPRA, KABIR Santa Monica, CA CHORA, JOSEPH Pasadena, CA CHOU, ANNIE J CHOU, IRIS FENGYI Temple City, CA CHOU, JONATHAN KEVIN Alameda, CA CHOW, KEYNA T San Carlos, CA CHOWSANGRAT, JANET L Whittier, CA CHOY, ALICE EMILY Sunnyvale, CA CHRISTENSEN, ERIK MICHAEL Petaluma, CA CHRISTIANSEN, CODY MILES Santa Maria, CA CHRYSTAL, ALYSSA KATHRYN CHU, KATHERINE CHU, KIMBERLY LON San Francisco, CA CHU, SELWYN Irvine, CA CHUA, ALLISON OCAMPO Los Angeles, CA CHUA, ANDREY ROSE RODRIGUEZ Sun Valley, CA CHUA, ANNE Sun Valley, CA CHUANG, CATHLEEN CHIA-SHIN Cupertino, CA CHUKHAJYAN, SUZANNA Northridge, CA CHUKWU, CHIOMA IFEYINWA Corona, CA CHUNG, ANNA Los Angeles, CA CHUNG, MUI Elk Grove, CA CHURCH, KIMBERLEY ALYSSON Newport Coast, CA CHUSHO, MASASHI Toranomon Mi, Tokyo Japan CIANFAGLIONE, NATALIA JULIA Malibu, CA CICCONE, ANDREW PATRICK Philadelphia, PA CIDRE, LANCE CURTIS CIMINO, CHRISTOPHER MALONEY Chicago, IL CIRIACO, SAMANTHA LAUREN North Hills, CA CISNEROS, ESTELLA MARIA Planada, CA CIVILINI MARIA CHIARA Redwood City, CA CLANCY, JON ANDREW Sacramento, CA CLARK, EMALENE MARIE Brookline, MA CLARK, JESSICA DANIELLE Orinda, CA CLARK, KATHERINE ELIZABETH San Jose, CA CLARK, KEVIN MICHAEL Del Mar, CA CLARK, KRISTEN KATHARINE Irvine, CA CLARK, SCOTT WILLIAM Somerville, MA CLARK, TRAVIS H Fallon, NV CLARKE-BISAGNO, AMANDA VICTORIA Vacaville, CA CLEAVER, JOSHUA LEVY CLEMENS, SAMUEL AUSTIN Encinitas, CA CLEMENT, STACY DILLON Millbrae, CA CLEMENTS, DORA K Los Angeles, CA CLENDENIN, MATTHEW DANIEL Pasadena, CA CLIFFORD, CHLOE MARION Malibu, CA COATES, MORGAN ROSS Urbana, IL COCHRAN, BRIAN EDWARD COCHRAN, TRAVIS EDWARD Fresno, CA COE, EDWARD DUANE Long Beach, CA COFFIN, ALEXANDER LEON Pacific Grove, CA COHEN, EDEN RACHEL Pittsburgh, PA COHEN, EMILY SARAH COHEN, LAUREN BETH Chicago, IL COHEN, NATHANIEL ADAMS Wasington, DC COHEN SLATKIN, JOSHUA I COLBURN, KRISTEN DAWN Oakland, CA COLE, EVAN ROBERT Rolling Hills, CA COLEMAN, NICHOLAS SPALDING Santa Monica, CA COLEMAN, REBECCA MARIE Elk Grove, CA COLES, JOEL LUCIUS London, EC1V 0HU United Kingdom COLIVAS, ASHLEY ELIZABETH Folsom, CA COLLINS, GEORGE MICHAEL New Haven, CT COLLINS, JESSICA LYNN San Diego, CA COLLINS, KEITH FRANKLIN Fullerton, CA COLLINS, ROWENA DAWN Santa Barbara, CA COLT, ANGELA CECILY Pacific Palisades, CA, COMBS, JACQUELINE GODDARD Newport Beach, CA COMBS, JENNIFER ASHLEY COMLEY, ROBERT ALEXANDER Santa Monica, CA COMPTON, CHRISTINE ANN Rancho Santa Marga, CA COMSTI, CARMEN DEE Berkeley, CA CONE, MICHAEL PATRICK CONKLIN COLIN GORDON CONLOGUE, KEVIN SHAWN Los Angeles, CA CONNOLLY, CROSBY SCOTT CONNOLLY, ERICA MADELINE CONNORS, ARTHUR ROBERT Escondido, CA CONREY, SARAH CAMILLE Sanata Cruz, CA CONTE, CHRISTOPHER EDWARD Silver Spring, MD COOK, GAVAN WILLIS Palo Alto, CA COOK, JILLIAN MARIE Temecula, CA COOK, MERCEDES COOK, TRACY E Fresno, CA COOMBE, MARY ELIZABETH Granite Bay, CA COONEY, SEAN BRIEN COOPER, LINDSAY MARIE COOPER, RAQUEL YVETTE Oceanside, CA COOVER, CHARLES WILSON COPRA, NATALIE JOY Washington, DC CORBETT, DANIEL LAWRENCE Los Altos, CA CORDELL, EMILY San Francisco, CA CORDOVA, ALISON ELIZABETH CORDOVA, KARISSA VALESKA Covina, CA CORHIRAN, THOMAS CHARLCHAI Buena Park, CA CORNEIL, DAVID WAYNE CORNEJO, MONICA MILESSA Elk Grove, CA CORNELIOUS, DANIEL LEE Huntington Beach, CA CORRALES, PETER DON Placentia, CA CORREIA, BEAU CHRISTOPHER Firebaugh, CA CORTESE, GIUSEPPE STEPHEN Fremont, CA CORTINO, CHRISTINA ELIZABETH Sacramento, CA COSGROVE, MEGAN ANNE Sacramento, CA COSTELLO, BRIAN MICHAEL Playa Del Rey, CA COSTELLO, KELLEY LYNN Pacific Palisades, CA COUGHLAN, BENJAMIN JACOB San Diego, CA COUGHLIN, CATHERINE LACY San Diego, CA COUPLAND, JENNIFER AILEEN Chicago, IL COURSEY, DAVID ALLEN Roseville, CA COURTNEY, CAITLIN ELIZABETH COUSART, ROBERT WILLIAM South San Francisc, CA COUTINHO, BRAD JOHN Daly City, CA COWAN, MARGARET Emeryville, CA COWSER, KYLE GREGORY Los Angeles, CA COX, DIANA LEIGH Irvine, CA COX, JESSE KEENON Newport Beach, CA COYLE, GENEVIEVE MARGARET San Francisco, CA CRADDOCK, CLARK Belvedere Tiburon, CA CRAIG, ROBERT EUGENE Tucson, AZ CRAMER, PAUL RYAN CRANE, ANDREW CHRISTIAN Manhattan Beach, CA CRANE, STEPHANIE MICHELLE CRARY, SAMUEL COLLIER CREPPS, ELIZABETH JEAN Dixon, CA CRESPIN, STEPHANIE LYN Huntington Beach, CA CRITCHETT, SPENCER Ann Arbor, MI CRITTENDEN, ALICIA LUANNE Santa Ana, CA CRIVELLI, ANNA V Berkeley, CA CROCKETT, ELIZABETH KATHLEEN CROLL, SARA ELIZABETH Cupertino, CA CROMAR, SCOTT ANTHONY Irvine, CA CROSS, REBECCA BAIN CROWLEY, ZACHARY DICKERSON Santa Cruz, CA CRUMP, DANIEL ROBERT Oakland, CA CRUZ, GEOFFREY ALLAN Costa Mesa, CA CUADROS, ERIK MIKAEL Kingsburg, CA CUCCHI, DANIEL STEPHEN November 20, 2012 Daily Journal Supplement 19

20 New Lawyer: The List Yuba City, CA CUCOVATZ, JASON RICHARD WEBSTER DAVIS, JASON PAUL Irvine, CA, Greenbrae, CA CULJAT, JENNIE LYNN DAVIS, JESSICA ANN Alameda, CA CULLEN, LAINY ELIZABETH DAVIS, LIZA MARIA La Canada Flintrid, CA CULLIGAN, SEAN PATRICK DAVIS, NATHAN MANDELL Benicia, CA Santa Monica, CA CULLINAN, KATHLEEN ANN DAVIS, TAYLOR MORRIS Woodland Hills, CA CULVER, CHRISTA LEIGH DAW, CHRISTIAN JOSEPH Walnut, CA CUMMINGS, BRIANA ROSE DAWSON, CRYSTAL REBECCA Phoenix, AZ CUNNANE, KEVIN WILLIAM DAWSON, JONATHAN THOMAS CUNNINGHAM, AARON TAYLOR DAWSON, SHAELYN KATE Belmont, CA CUNNINGHAM, CHARLOTTE OLIVIA DAYNO, THEODORE ERIC San Francisco, CA CURRIER, BRIANA LOUISE DE ANDA, DENISE CHRISTINA San Carlos, CA Montebello, CA CUSACK, NICOLE COLLEEN DE ARMAS, MARCEL FREDERICK San Francisco, CA CUSKELLY, GABRIELLE DE BARROS, JASON PHILIP Berkeley, CA CUTCHER, JOSHUA MATTHEW DE LA HAYE, THEODORE KENT San Francisco, CA Orange, CA CYWINSKA, IZABELA OLGA DE PAZ, DANIEL Whittier, CA Gainesville, FL DCZERSKI, WLADYSLAW PAWEL DE SANTIS, SOPHIA HELEN Anaheim, CA Sausalito, CA D ADDARIO, SHYLENE BERRY DE VINNEY, DREW JACKSON Bayonne, NJ Madison, WI D AMATO, CARMEL CATHERINE DE VORE, MICHAEL JOSEPH Redding, CA Los Angeles, CA D ANDREA, LINDSAY PHOENIX DEACON, BRETT San Francisco, CA Thousand Oaks, CA D ANGELO, HILARY ANN DEAN, MICHAEL EDWARD MASON Coral Springs, FL Redding, CA DAATIO, MARIA LOURDES JULIO DEAVER, EKATERINA P Milpitas, CA Citrus Heights, CA DABAIE, ELIAS MICHAEL DEAVER, KEVIN JAMES San Jose, CA Commerce City, CO DABBAH, ZEINAB HUSSEIN DEBOER, KRISTA SUZANN Pasadena, CA Oceanside, CA DADA, CODI MORRIS DECKER, NINA CHRISTINE Novato, CA Santa Clara, CA DAFFORN, CHRISTINE ELIZABETH DEELEY, ANDREW PAUL Los Altos, CA San Diego, CA DAHDAH, NADINE ELYSE DEFEVER, KATHLEEN MARGARET Palos Verdes Pen, CA Belvedere Tiburon, CA DAHLQUIST PETER HIGGINS DEGIROLAMO, LAUREN NICOLE Poway, CA Sherman Oaks, CA DAILO EDWARD PHILIP DEGNER, ANDREW WILLIAM La Verne, CA San Bernardino, CA DALBEY, CHRISTOPHER BARTON DEHGHANFARD, ELAHEH Tustin, CA Diablo, CA DALCORSO, CHELSEA ROSE DEIGHTON, JOSHUA J Stockton, CA Glendale, CA DALEY, SKYE LANE DEITCHMAN, RICHARD STERLING Davis, CA, DALLMEYER, OWEN SPENCER DEL PRETE, KEITH HAYDEN Oakland, CA Arlington, VA DALUISO, BRIAN ANTHONY DEL REY, MAXIMILLIAN LING Newport Beach, CA Pelham, NY DALY, BRENDAN THOMAS DELAHUNT, ANDREW AIDAN San Diego, CA Redondo Beach, CA DAM, CASE ALLEN DELATORRE, RYAN SEAN Richmond, IL South Pasadena, CA DAM, LE-MAI PHUONG DELMONTE, ANTHONY JAMES Stanford, CA DANA, NATALIE ANNE DELUARD, AUSRA ONA Belvedere Tiburon, CA DANDAVATI, NATASHA MURU DEMING, NICHOLAS ANDREW San Jose, CA Redwood City, CA DANIEL, CAITLIN ELIZABETH DEMPSEY, SEAN MICHAEL Santa Monica, CA DANIEL, JENNIFER LYNN DENHAM, KELLY CHRISTINE Bend, OR Fallbrook, CA DANIELS, COURTNEY LIN DENNIS, DAMIAN AUGUSTUS Miami, FL San Diego, CA DANIELS, LAUREN MAE DENVIR, MICHAEL DAVITT Los Angeles, CA Los Angeles, CA DANIELS, LAUREN MARIE DEOL, JOHN-PAUL SINGH Kenner, LA Moraga, CA DANIELSON, ANTHONY IAN DEOL, SANDEEP Sacramento, CA Northridge, CA DANIELYAN, ELMIRA DERMADZHYAN, MARINE North Hollywood, CA DANJUMA, RODKANGYIL ORION DERONDE, ALLEN JOHN Chicago, IL Vacaville, CA DANLEY, SARAH RACHEL DEROSE, RYAN JOSHUA Ukiah, CA DANO, MARGARITA BIANC BETITA DERSHAM, DANIEL EDWARD Antelope, CA San Francisco, CA DANSEY, MATTHEW DELEMERE DESAI, NEIL NALIN Thousand Oaks, CA, Porter Ranch, CA DANYALIAN, SEVANA DESPAIN, SPENCER KEITH Tujunga, CA Sacramento, CA DAREY, MATAN DESSERT, CAROLINE NOEL El Centro, CA DARGAN, KAPILJEET S DEVANON, NICOLE FRANCINE Long Beach, CA Glendale, CA DAS, KRISHAN DEVERIN, MEGAN J Fullerton, CA DASHTAKI, HOMA DEVINE, NORA DONOVAN San Francisco, CA DAVE, AMI ATUL DEVRIES, NATHAN DANIEL GERRIT Plano, TX Glendora, CA DAVIDSON, ELYSE MARIE DEYLAMI AZODI, PAMCHAL West Covina, CA Aliso Viejo, CA DAVIDSON, SARAH DHANOA, SHARAN KAUR Fair Oaks, CA Berkeley, CA DAVIDSON, SARAH JANELLE DHILLON, KIRAN PREET KAUR Windsor, CA Arcadia, CA DAVIDSON, ZACHARY STEPHENS DI GIOVANNI, KRISTOPHER MICHAEL West Hollywood, CA Simi Valley, CA DAVIS, ADHANA MELISSA DIAMANT, SAMUEL ROGER Corona, CA Chapel Hill, NC DAVIS, ALEXANDER GREYSON DIAMOND, KAITLYN JANELL Pasadena, CA DAVIS, ALEXANDER GUY DIAMOND, MARCY Philadelphia, PA San Francisco, CA DAVIS, ANDY DIAMOND0, MICHAEL STEVEN Daly City, CA DAVIS, CHRISTOPHER RYAN DIAZ, KATRINA R Irvine, CA DAVIS, DANIEL LEWIS DIAZ, RICHARD BRIAN 20 Daily Journal Supplement November 20, 2012 Lakewood, CA DIBADIN, SOHRAB Antioch, CA DIBBERN, CHRISTOPHER CHASE La Habra, CA DIBENEDETTO, ANTHONY EARL Fontana, CA DIBIASE, GREGORY MICHAEL DICKERSON, JUSTIN ROBERT DICKINSON, JAMES ROY Colton, CA DICKSON, BRADFORD GEORGE Oakland, CA DICKSON, CHRISTINE ELLEN Fair Oaks, CA DICKSTEIN, SHAYNA ELAINE San Diego, CA DIEBERT, DANIELLE FRANCESCA Sacramento, CA DIEDRICH, AMELIA LAUREN DIEFENBACH, JAMES CUMMINS DIEHL, WILLIAM ALBERT Grand Terrace, CA DIETZ, RYAN M San Diego, CA DIGIOIA, JASON SCOTT Anaheim, CA DILAURA, GRACE San Francisco, CA DILL, EMMA LEE San Francisco, CA DILL, MATTHEW GARTH Palmdale, CA DIN, ADELE MELISSA Sacramento, CA DINA, NATHALIE Beverly Hills, CA DINARDO, RACHEL MARIE Berkeley, CA DINEROS, JASON CESAR Pasadena, CA DING, CHRISTINA DINH, ANDREW HOANG Fullerton, CA DINH, TIA THI Pennsauken, NJ DIPIETRO, PAUL MICHAEL Pasadena, CA DITLEVSEN, ANDREW JAMES DIVELEY, ANGELA MARIE Arlington, VA DO, JOHN HOANG San Jose, CA DOAK, SAMUEL CHARLES DOCKERY, BENJAMIN THOMAS San Francisco, CA DODDS, KEANDRA DENISE Los Angeles, CA DODSON, RACHEL ANNE Oakland, CA DOELING, DAVID LAWRENCE Los Angeles, CA DOHERTY, DAVIS COLIN DOKHANCHY, MICHAEL REZA, Lafayette, CA DOKHANIAN, ERICA Encino, CA DOLINER, IRINA DOLORESCO NICHOLAS ANDREW Scottsdale, AZ DOLPH, LOGAN JAMES Elmira, NY DOMBKOWSKI, CHRISTOPHER EUGENE DOMBROWSKI, JOHN PAUL Portland, OR DOMBROWSKI, PAUL CHARLES DOMINGUEZ QUIROGA, ROBERTO Berkeley, CA DONAHUE, JANE EILEEN Los Gatos, CA DONALDSON, MICHAEL WAYNE San Jose, CA DONOVAN, LILIYA Saint Paul, MN DOPLER, OLIVIA ANNE DORADO, ANDREW ANGUIANO Pasadena, CA DOREY, DAVID RICHARD Washington, DC DORN, STEPHEN RUSSELL Long Beach, CA DORR, CHAD OWEN Berkeley, CA DOSANJH, JASPREET SINGH Lafayette, CA DOSS, RAYMOND MICHAEL Ny, NY DOU, YIMENG Irvine, CA DOUGHERTY, BRIANNA MARIE Los Altos, CA DOUGHERTY, MICHAEL A Sacramento, CA DOUGHERTY, SEAN PATRICK Saratoga, CA DOUGLAS, EMILY LYNNE Ann Arbor, MI DOUGLAS, JAMIE ALLISON Torrance, CA DOUGLASS, JONATHAN WARREN Long Beach, CA DOUGLASS, WILLIAM JACOB Newport Beach, CA DOYLE, LOUISE BEEBE San Francisco, CA DRAEGER, CASSIDY DARR El Dorado Hills, CA DRAKE, TALIA ELDEAN Delano, CA DRANCEA, TUDOR BOGDAN Fullerton, CA DRAPER, CHRISTOPHER KELLY San Carlos, CA DREMANN, DAVID MICHAEL Irvine, CA DRENAN, ELENA A Sunnyvale, CA DRYE, JOSHUA RICHARD La Mesa, CA DUBBIN, JEFFREY AARON Miami, FL DUBOSE, RYAN NEAL Irvine, CA DUCHARME, MICHELLE LOUISE Sacramento, CA DUDLEY, ROBERT ANDREW DUESDIEKER, ERIC DERLIN San Ana, CA DUFFY, PATRICIA C Sharon, MA DUMAS, LIANNE MARIE DUMITRESCU, SILVIANA DANA Los Angeles, CA DUNCAN, ADRIANNE CLAIRE Pleasanton, CA DUNCAN, DAVID THOMAS Las Vegas, NV DUNCAN, JULIE ANNE Ft Mitchell, KY DUNTON, CHELSEA K Mountain View, CA DUPART, RENE J Temecula, CA DUPEY, TYRRELL MARIE West Hills, CA DUPRAY, ANDREA BURGAT Laguna Niguel, CA DUPUY, LESLIE ELIZABETH Walnut Creek, CA DURBIN, ELIZABETH LOUISE Fresno, CA DURHAM, MORGAN OZOLS Hercules, CA DURKEE, JAYME LAWSON DUTRA, BRIGETTE LORRAINE Hanford, CA DWYER, DANIEL DEAN Washington, DC DWYER, ROBERT JAMES La Canada Flintrid, CA DYCK, PATRICIA ANN DYER, DEANNA San Francisco, CA DYGERT, KENLEY CHARLES San Diego, CA EADE, LAUREN DUFF Redondo Beach, CA EAKES, ERIN FAITH Sacramento, CA EARLE, DUSTIN JAMES EASTERBROOKS, BRADLEY DAVID Carlsbad, CA EASTON, LANCE M Temple City, CA EBRIGHT, KEITH BRIGHAM Sacramento, CA ECKHART, JOSEPH WILLIAM Hayward, CA ECONOMOU, STEVEN EDWARD EDADES, DANIEL REY San Diego, CA EDELMAN, WILLIAM JOSEPH San Bruno, CA EDLOW, JOSHUA THOMAS Sacramento, CA EDWARDS, SAMUEL JACOB EDWARDS, SHAUN TOMAS Citrus Heights, CA EDWARDSEN, RYAN SCOTT EFFRES, JUSTIN JACOB EGGERMAN, DANIEL LEE Poway, CA EGGLESTON, BRIAN PATRICK Grosse Pointe Park, MI EGUCHI, AYA Bethesda, MD EHLERS, JOHN HARDY EHRENBURG, DINA Valley Village, CA EHRLICH, JEREMY PAUL Sacramento, CA EIB, EILEEN ANNE San Jose, CA EILERS, SAMUEL LEE Monroe, WA EINBINDER, BENJAMIN JOSEPH Santa Monica, CA EINHORN, SARAH ELIZABETH San Francisco, CA EISEN, MARK STEPHEN Manhattan Beach, CA EISENSTEIN, MITCHELL ALAN EIZDI, ELINOR Beverly Hills, CA EKENES, JOHN BENJAMIN Fullerton, CA EKPO, ELAINE Elk Grove, CA ELAYAN, MOHAMMED HISHAM Irvine, CA ELDER, JEFFERY CHRISTOPHER Simi Valley, CA ELGAS, JUSTINE KANDELIN El Cajon, CA ELGIN, KATHERINE DARCY Phoenix, AZ ELI, SHANNON Beverly Hills, CA ELIHU, JESSICA Beverly Hills, CA ELISHA, HANNAH GRACE Long Beach, CA ELKIN, MICHAEL Los Angeles, CA ELKINS, LUISA FERNANDA ELLENBURG, ROCHELLE RAE Rocklin, CA ELLIOTT, LAURA MARIE Oakland, CA ELLISON, KYLE JOSEPH Fullerton, CA ELLSWORTH, DALE EDMOND Walnut, CA ELLSWORTH, KRISTIN SIGNE ELRAHEB, MOHSEN Y. K. 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