F E B R U A R Y–T W OT H O U S A N DT W E N T YO N EJUDGE CHARMAINE BUEHNER:A STEP IN THE RIGHT DIRECTIONFOR OUR LOCAL BENCHby Sara PetersPage 10Photo credit: Victoria BorjessonMARC D. ANDERSONLINDSAY NIELSONPRESIDENT'S MESSAGE3HAVE YOU HEARD?5THE GREAT VENTURA PHILOSOPHICAL AND CHOWDER SOCIETY6JUDICIAL ASSIGNMENT LIST FOR 20217WENDY LASCHERWHAT DO CLIENTS NEED TO HEAR?12BEN BAUMERJUDGE SPOTLIGHT: THE HONORABLE VINCENT J. O’NEILL13
CREATIVE DISPUTE RESOLUTIONCONTINUING THE EXPANSION AND TRADITIONOF EXCELLENCE IN MEDIATION AND ARBITRATIONESTABLISHED IN 1986 BY PAUL D. FRITZ ESQ. (1941-2011)MEDIATION OF ALL CIVIL DISPUTES Business Litigation Partnership Dissolution Probate Employment - Wrongful Termination Construction Defects Insurance Claims Professional & Medical Malpractice Real Estate Disputes Serious Personal Injury Wrongful Death Trade Secret Disputes Health Care IssuesHIGHLY SKILLED AND EFFECTIVE MEDIATORSHon. David W. LongDavid M. Karen, Esq. Ventura County Superior Court, Retired 35 Year Trial Attorney Appointed Judge of the Ventura CountyMunicipal Court Member, American Board of TrialAdvocates (ABOTA) Appointed and served for two years asVentura County Superior/MunicipalCommissioner The Straus Institute for Dispute ResolutionPepperdine School of Law (2004) Chair of the VCBA-ADR SectionWE GET IT DONEcdrmediation.com(805) 498-9494JUDICATE WEST -- JOINING FORCES WITH CDR IN VENTURA COUNTYDavid M. Karen, [email protected] AVAILABLE (805) 498-12123155 Old Conejo Road, Thousand Oaks, CA
FEBRUARY 2021 CITATIONS 3PRESIDENT’S MESSAGEby Marc D. AndersonThe 2021 VCBA Board of Directorshad its first meeting on Jan. 13. OurExecutive Director, Sandra Rubio,introduced herself and her staff,Associate Executive Director NadiaAvila and Member Relations AssistantNayrin Banuelos. We welcomed newboard members Monica O’Hearn,Kristine Tijam and Sara Peters.We re-introduced ourselves and ourareas of practice and shared our bestpandemic binge watch and our bestpandemic skill. A lot of us have enjoyedThe Queen’s Gambit and have becomebetter cooks and bakers!I am proud of the diversity of the lawyerson the Board and the kaleidoscope ofviewpoints that diversity brings to ourmeetings. I miss meeting in person,but our Zoom meetings give us theopportunity to peer into each other’shomes, see and hear children and pets,and occasionally remind each otherthat we are on mute.In 2021, the VCBA has three workingcommittees in addition to our standingcommittees. Joshua Hopstone chairsthe Member Services and SupportCommittee. His Committee membersare Linda Ash, Rachel Coleman,Peters and Lauren Wood. StephanieJohnson chairs the COVID Recoveryand Access to Justice Committee. Hercommittee members are MargaretCoyle, Carla Hartley, Trevor Quirk,Rick Seigenfeld and Tijam. VanessaFrank chairs the Community OutreachCommittee. Her committee membersare Damon Jenkins, Kata Kim, LouisKreuzer, O’Hearn and Bert Partida.Our committees will work hard toadvance the mission of the VCBA: To promote legal excellence, highethical standards and professionalconduct; To improve access to legal servicesfor everyone in Ventura County; and To improve the administration ofjustice.Each of our committees will be able todevelop and implement specific goalsto color in the broad outline of theVCBA’s mission. I’m excited to see thefinal picture.Committee membership is open toany member of the VCBA. Despite thepandemic (or maybe because of it!), wehave plenty of work to do this year andwe could use your ideas and service as werecover from the pandemic. I encourageyou to reach out to Joshua, Stephanie,Vanessa or Sandra and become involvedin one of our committees. Don’t besurprised if we reach out to you!Access to justice and the administrationof justice are key missions of the VCBA.Events in 2020 brought attention tothe importance and relevance of theseissues.Last May, a police officer, sworn touphold the law, killed a black man onthe streets of my hometown. I watchedthe nine-minute video of George Floyddying under the knee of MinneapolisPolice Officer Derek Chauvin withhorror and disgust. With a hand inhis pocket, Officer Chauvin killed Mr.Floyd in broad daylight while threeother officers stood by and bystanderspleaded for restraint.In the days that followed, lawenforcement agencies across the nationand the world condemned OfficerChauvin’s conduct. In the weeks thatfollowed, organizations and groupsspoke out against the broader issue ofsystemic racism. These groups includedbar associations and state supremecourts across the country.The Washington Supreme Court saidin its statement, “The injustice stillplaguing our country has its roots inthe individual and collective actionsof many, and it cannot be addressedwithout the individual and collectiveactions of us all.”The California Supreme Court said,“We have an opportunity, in thismoment, to overcome division, acceptresponsibility for our troubled past, andforge a unified future for all who sharedevotion to this country and its ideals.”Go online and read these statementsfrom our Nation’s courts. Go onlineand reread the Statement Regardingthe Killing of Unarmed Black Peopleby Black Lawyers of Ventura Countyin the September 2020 CITATIONS.It outlined four steps our community,public agencies and elected officialscan take to bring about sustainable andsystemic change throughout VenturaCounty. Reflect on these statementsand consider what actions you can takethis year to eradicate racism.Equal justice under law is our ideal.But, there is the justice system we strivefor and the justice system we have. Itis our moral obligation as lawyers tocondemn racism, to acknowledge andconfront injustice, and to have thestrength and courage to make equaljustice under the law reality.Marc D. Andersonis lawyer with Hiepler& Hiepler, APC, inOxnard. He representsplaintiffs in personalinjury and wrongfuldeath cases.
4 CITATIONS JANUARY 20194 CITATIONS FEBRUARY 20212019 VCBA2021VCBABOARDOF DIRECTORSBOARD OF K. GoldwaterMarc D. AndersonPresident-ElectPresident-ElectKathrynE. ClunenJacquelyn D. RuffinSecretary-TreasurerSecretary-TreasurerMarcD. AndersonBrian C. IsraelPast PresidentPresidentP.PastMarkKirwinKathryn E. ClunenChief Executive OfficerExecutiveDirectorSteveHenderson,CAESandra D. RubioLinda K. AshLinda K. retJ. CoyleSashaL. CollinsVanessa M.FrankMargaretJ. CoyleCarlaL.HartleyVanessa M. FrankJoshuaJ.S.GoodmanHopstoneDarrenBrian S.C.HopstoneIsraelJoshuaDamonL. JenkinsBrianC. IsrealStephanieA.A.JohnsonJohnsonStephanieKata KimKata KimLouisH. KreuzerLouis H. T.KreuzerCameronNorrisMonica KymberleyE. PeckPartidaSaraPetersTimothy J. QuinnTrevorA.M.RahmanQuirkRabiahH. FrederickSeigenfeldJacquelynD. RuffinKristineR.A.WoodTijamLaurenLauren R. WoodCITATIONS EDITORIAL BOARDCITATIONSEDITORIALCo-ManagingEditor BOARDWendyC. LascherCo-ManagingEditorCari Ann PottsMEDIATOR/ARBITRATORPERSONAL INJURY AND BUSINESS,CONSTRUCTION, REAL ESTATEAND PROBATE/TRUST DISPUTESAND LITIGATION.Richard M. Norman, Esq. Trial Attorney – AV Rated Member: American Board of Trial Advocates (ABOTA) Past President and Member of Ventura County Bar Association,and Ventura County Trial Lawyers Association Trained Mediator - Pepperdine University Straus Institute& Negotiation Strategy Institute American Arbitration Association and FINRA Arbitration Panel Reasonable Fees - Flexible Scheduling - No Administrative ChargesRichard M. Norman, Esq., Of CounselNorman Dowler, LLP.840 County Square Drive, Ventura, CA 93003-5406(805) 654-0911 [email protected] EditorCo-Managing EditorCari Ann PottsWendy C. LascherPublisherPublisher,CEOSandraD. RubioSteve HendersonCreativeJ.P. CreativeMcWatersJ.P. McWatersTed QueenSara PetersRabiah A. RahmanLauren E. SimsMichaelKathleenR.J. SmentSmithKathleenJ. SmithClaudia SilvermanAl VargasRichard WaltonCITATIONS is published monthly by theCITATIONS is published monthly by theVentura County Bar Association. The articles inVentura County Bar Association. The articlesCITATIONS are the views of the authors, andin CITATIONS are the views of the authors,should not be construed as legal advice. Everyand should not be construed as legal advice.situation is different. Consult a lawyer if you needEvery situation is different. Consult a lawyerlegal advice.if you need legal advice.Submit all advertising,Submit all advertising,classified and calendarclassified and calendarmatters to:matters to:VCBAVCBA4475 Market St.4475 Market St.Suite BSuite BVentura, CA 93003Ventura, CA 93003t: 805.650.7599t: 805.650.7599f: 805.650.8059f: 805.650.8059e: [email protected]: [email protected] all editorialSubmitmattersallto:editorialmatters to:CITATIONSCITATIONS5425 Everglades St.5425 Everglades St.Ventura, CA 93003Ventura, CA 93003t: 805.644-7188t: 805.644-7188f: 805.644-7390f: MediationWhere common senseWhere common senseandand thethe lawlaw intersect.intersect.Business / ContractBusiness / ContractEmploymentEmploymentRealReal PropertyPropertyPersonal InjuryPersonal InjuryOil & GasOil & GasOtherOtherGiseleEsq., MediatorMediatorGisele Goetz,Goetz, Esq.,Hollister & Brace, a professional corporationHollister & Brace, a professional corporationServing Ventura and Santa Barbara CountiesServing Ventura and Santa Barbara CountiesMember: State Bar of California, VCBA, SBCBAMember: State Bar of California, VCBA, SBCBA(805)(805) [email protected]@hbsb.com
FEBRUARY 2021 CITATIONS 5HAVE YOU HEARD?Judge Catherine Voelkerofficially took the benchon the Ventura CountySuperior Court Jan. 5.For several years beforeher election, JudgeVoelker, a graduate ofthe McGeorge Schoolof Law, previously prosecuted homicide,domestic violence, sexual assault and othercases as a Senior District Attorney in theoffice of the Ventura County DistrictAttorney. Sworn in by Judge Ryan Wright,Judge Voelker was elected to the seat vacatedby the Jan. 3 retirement of Judge VincentO’Neill. (Judge O’Neill is spotlighted inBarristers Corner, p.13.)CITATIONS is saddenedto learn that Camarilloattorney Kevin McVerrypassed away in Januaryafter a short illness.Myers, Widders, Gibson,Jones & Feingold, LLPis proud to announcethat Sasha L. Collins,who joined the firmin 2020, has beenelected partner. Collinsfocuses her practice onestate planning, conservatorship, probateand trust administration matters. Sheis a board member and past presidentof Women Lawyers of Ventura County,and has also served on the board ofthe Ventura County Bar Association.Reach Collins at [email protected] sadly notes the passing of the1974 VCBA President, John H. “Jack”Fay. Watch for a remembrance in theMarch or April edition.Unclear on the ex parte concept? A KernCounty Superior Court clerk recentlyexplained to a local lawyer that to set anex parte in that county, the lawyer shouldsubmit the ex parte petition for the courtto review. The court selects the date. Thisprocess takes one to three weeks. If theattorney wants the court to assign a datesooner, they need to also submit an “exparte petition to review ex parte petition.”Former Ventura Countyattorney Rachel Colemanhas moved to Columbus,Ohio to be closerto family. Colemancontinues to handlecontract matters forCalifornialawyers.To reach her, call 805-766-1530 [email protected] DembowskiEllyn Dembowski / Kellye PattersonTop Producer 2007-2018805.320.1206, [email protected] 01441424 / 01914558 2019 Berkshire Hathaway HomeServices California Properties is a member of the franchise system of BHH Affiliates LLC.
6 CITATIONS FEBRUARY 2021BAR LEADERSHIPADR SECTIONDavid Karen498-1212ANIMAL LAWEmily Robinson497-7474ASIAN BARJessica Wan659-6800BANKRUPTCYMichael Sment654-0311BARRISTERSFrederick Seigenfeld254-2777BENCH-BAR RELATIONS COMMITTEEHon. Matt Guasco256-4972BLACK LAWYERS ASSOCIATIONDamon Jenkins644-7188BUSINESS LITIGATION SECTIONErik Feingold644-7188CITATIONSCari Potts644-7188Wendy Lascher659-6800CLIENT RELATIONSMichael Christiano [email protected] TOUR PROGRAMThomas Hinkle656-4223CRIMINAL DEFENSE BAR ASSOCIATIONDoug Ridley208-1866DIVERSITY BAR ALLIANCEJill Friedman644-7188EAST COUNTY BARDoug Bordner644-7188EMPLOYMENT LAWRabiah A. Rahman626-8337FAMILY LAW BARAmy Van Sickle642-7070IMMIGRATION LAWVanessa Frank641-9300INTELLECTUAL PROPERTYPeter Veregge & Rebecca Makitalo496-1164J.H.B. INN OF COURTPanda Kroll551-0773JUDICIAL EVALUATION COMMITTEELinda [email protected] LIBRARY COMMITTEEEileen Walker444-6308LGBTQIA ALLIANCEMickye Coyle662-1716NATURAL RESOURCES SECTIONKate Neiswender649-5575PROBATE & ESTATE PLANNING SECTIONAmber Rodriguez643-4200VCLA, INC.Cesar A. [email protected] AttorneyVC TRIAL LAWYERS ASSOCIATIONRichard Bredlau650-3100VC WOMEN LAWYERSRennee Dehesa525-7104VCBA STAFF650-7599Sandra Rubio - Executive DirectorNadia Avila - Associate Executive DirectorNayrin T. Banuelos – Member Relations AssistantBrenda Bodie - CTP CoordinatorTHE GREAT VENTURA PHILOSOPHICALAND CHOWDER SOCIETYby Lindsay NielsonApproximately 25 years ago, I along withmy former law partner, Jo Ann Wedding,thought there was something lacking inour efforts to interact with intelligent andinteresting people. We proposed a looseaffiliation of people who would appreciatelearning novel ideas. This wasn’t going to bea service club; indeed, we decided that therewould be no formal club with by-laws,rules, officers, dues, secret handshakes.Membership was based on invitations frompeople who came to the first couple oflunch meetings. Instead of much structure,we would simply invite interesting peoplewho had something to say. Oh, we did haveone rule: no politicians would be invited tohave a conversation with our society.We (actually, I) decided to name the looseaffiliation grandly as “The Great VenturaPhilosophical and Chowder Society.” Therewas no set schedule for gathering other thanwhen the mood hit us and we persuadedsomeone of substance with something toshare to meet a group of people for lunchat Saticoy Country Club and converseabout that someone’s particular bit ofinformation or expertise. Lunch was 20,enough to cover the speaker’s lunch and thesmall marble paperweight we presented inappreciation of our guest’s time and insight.The GVP&CS met four or five times a year.Among the many outstanding guests overthe years were the President of ThomasAquinas University, the Chancellor ofCalifornia State University Channel Islands,and the manager of the Port Huenemedeep water port, who told us that the portwas completed in 1939 but did not appearon maps of California during WWII.Judge Harry Walsh, whose father was thelegal counsel to the Brooklyn Dodgers,gave a talk on how the team moved westto become the Los Angeles Dodgers. Italked about the early years of my life,spent in the Santo Tomas internment campin the Philippines. A Ventura Countyresident who participated in the Beijing toParis auto race, which occurs every eightyears, described his adventures and themisadventures that arose from the race’srule that your vehicle could not be newerthan 1937, the year the first race occurred.We have chatted with a commercial airlinepilot instructor, the head of the NatureConservancy, a brain surgeon, a philosophyprofessor and a professor of Mid-easternhistory, who explained Islam to us. Welearned about water storage on the OxnardPlain. One of the more interesting speakerswas a beekeeper Did you know that bacteriacannot survive in honey? It was used forbandages in World War 1. (That is when Ibecame a honey snob, insisting that we onlyhave sage honey at home. It is the best.)We have also taken educational excursions.For one field trip we chartered a plane andflew to Channel Island National Park fora private tour of Santa Rosa Island. Wealso toured the County’s sanitary landfill in the Timber Canyon area of SantaPaula, and Ventura’s new CommunityMemorial Hospital when it was still underconstruction.One meeting, instead of inviting a speakerat all, those in attendance debated whatinvention in the past 100 years or so hashad the greatest impact on modern society.What would you say? Radio? Television?Flight? Automobiles? Computers? Medicaladvances?The Covid pandemic has shut down theGreat Ventura Philosophical & ChowderSociety. We would like to revive the conceptwhen we can. It was open to anyone, notjust members of the legal profession. If thisis something that may be of interest, we’dlike to know. When and if we can meetagain, I am sure there are many people whohave something interesting to offer andwould like to engage people of intelligencein conversation. We will go wherever ourcuriosity takes us.If this has any interest to you, please [email protected]
FEBRUARY 2021 CITATIONS 7SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURAASSIGNMENTS 2021 (Revised: Effective February 1, 2021)CIVIL20212222B40414243J6FAMILY 5262736374445464748J5/S1APPELLATEDEPARTMENTRevised 1.26.21Judge Matthew P. GuascoJudge Jeffrey G. BennettJudge Kevin G. DeNoce, Assistant Presiding Judge (MSCs)Genalin Riley, Case Management Attorney (Small Claims, CMC)Judge Mark S. BorrellJudge Ronda J. McKaig – CEQA and Laura’s LawJudge Henry J. Walsh, Supervising Judge Civil DivisionJudge Benjamin F. CoatsJudge Roger L. Lund – ProbateJudge Jack SmileyJudge Michael S. Lief (Chambers 31)Judge Charmaine H. BuehnerCommissioner William R. RedmondJudge JoAnn Johnson, Supervising Judge Family Law DivisionJudge Tari L. Cody- Dependency, Supervising Judge Juvenile DivisionJudge Dino InumerableJudge Manuel J. CovarrubiasJury Trial CourtroomCommissioner Julia Snyder (Unlawful Detainers) (sitting in chambers 10)Judge Patricia M. Murphy (Temporary Assignment - remains in chambers 25)Judge Nancy L. Ayers (Mental Health Court)Judge Gilbert A. Romero, Supervising Judge Criminal DivisionJudge Bruce A. Young, Presiding JudgeJudge Michele M. CastilloJudge Patricia MurphyJudge David M. Hirsch (Temporary Assignment– remains in chambers 12)Judge Paul W. BaellyJudge Derek D. Malan (sitting in chambers 11)Judge Rocky BaioVacantVacantJudge Anthony J. SaboJudge David R. Worley (Courtroom 13 Backup)Judge Ryan J. WrightJudge Catherine M. VoelkerJudge Rocky Baio, Presiding Appellate JudgeJudge Benjamin F. CoatsJudge JoAnn JohnsonJudge Ronda J. McKaig
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10 CITATIONS FEBRUARY 2021JUDGE CHARMAINE BUEHNER: A STEP IN THERIGHT DIRECTION FOR OUR LOCAL BENCHby Sara Petersprovide better access to justice, WLVCsought to encourage well-qualified anddiverse candidates to apply for judicialpositions, and to make recommendationsfor appointment when such candidateswere identified. In deciding to apply for herown appointment, first under the Brownadministration in 2017, and then againunder Governor Newsom’s in 2019, JudgeBuehner figured she would be satisfied withthe process even if her application set thefloor for the pool of judicial candidates.On Sept. 28, 2020, Charma