Justice Goodwin Liu

Justice Goodwin Liu is an Associate Justice of the California Supreme Court. He was confirmed to office by a unanimous vote of the California Commission on Judicial Appointments on August 31, 2011, following his appointment by Governor Edmund G. Brown, Jr. on July 26, 2011. The Governor administered the oath of office to Justice Liu in a public ceremony in Sacramento, California on September 1, 2011.

Before joining the state’s highest court, Justice Liu was Professor of Law at the UC Berkeley School of Law (Boalt Hall). His primary areas of expertise are constitutional law, education law and policy, and the U.S. Supreme Court. He has published widely on these subjects in books, law reviews, and the general media.

Dan McKenna

Mr. McKenna will discuss current practice areas most affected by the recession and the concurrent significant rise in claim activity.

He will also suggest practice areas that can lessen malpractice exposure.

Dan McKenna, JD, RPLU
Mitchell & Mitchell Insurance Agency
Mr. McKenna heads the Lawyers Professional Liability Department of Mitchell & Mitchell Insurance agency. He graduated from Massapequa HS in New York in 1972 then went on to graduate from both the University of Denver in 76 and Lincoln Law School in 1981. He’s been a member of the California Bar since then. Dan has headed up Mitchell & Mitchell’s lawyer’s program for the past fourteen years. He still enjoys the daylights out of skiing and hiking when there is no snow!

How Do I Handle This? Date: Monday, August 20, 2012 Time: 12:00 pm – 1:30 pm (check-in 11:45 am) Presenters: Adam Brown, Vaughn Held and Peggy Lender Spaulding Adam Brown Vaughn Held Peggy Lender Spaulding Place: SCBA Office, 37 Old Courthouse Sq., Ste. 100, Santa Rosa CA 95404 Cost: $45–SCBA Members; $55-Non Members & Public MCLE Credit: 1.5 Units Elimination of Bias MCLE Credit Click Here to Register Click Here to Print Registration Flyer

Have you struggled with a client who appears to have a mental illness?
Do you know how to communicate with someone who is deaf or hearing impaired?

This program is designed to provide attorneys with a better understanding and the basic tools for working with clients, attorneys and others who may have a physical disability or a serious mental health issue. The presenters will offer a brief overview of your legal obligations, identify the kinds of disability and mental illness that you might encounter, and help you communicate more effectively and appropriately with people with physical disabilities or mental health issues. They will also answer your questions and provide you with community resources.

Adam Brown
Adam Brown is the Executive Director at Disability Services & Legal Center. Mr. Brown, an Attorney, has been employed by DSLC since 1997, additionally managing the Disability Law Clinic and serving as Legal Director for the agency. Also, since 2000, Mr. Brown has taught Administrative Law/Disability Practice at Empire College School of Law. Prior to joining DSLC, Mr. Brown was employed by the Massachusetts Office on Disability in Boston, MA and the Disability Rights Center, Inc. in Concord, NH.

Mr. Brown received his BA from Hartwick College (1991) and JD from Franklin Pierce – University of New Hampshire School of Law (1994).

Mr. Brown is an active member, in good standing, of the California Bar Association.

Vaughn Held
Vaughn Held is the Program Manager of Assistive Technology & Housing Access Modification at Disability Services & Legal Center. Vaughn Held has been employed by DSLC since 2000, additionally Vaughn serves on a number of committees. He is the Vice-chair of the TPCC, “Transit Para-transit Coordinating Committee”, he also is the Chairman of the Transportation & Mobility Committee serving as the 4th district representative on the AAA Advisory Board, “Area Agency on Aging”.

Mr Held received his BS from Colorado State University (1984).

Peggy Lender Spaulding
Peggy Ledner Spaulding is a Licensed Clinical Social Worker and is a Board Certified Diplomate in Clinical Social Work. She is the Manager of Outpatient Behavioral Health Services for Santa Rosa Memorial Hospital. She has worked in the mental health profession since obtaining her Master’s Degree in Social Work from the University of Southern California, in 1981. She received her Bachelor of Arts in Sociology from Sonoma State University, with honors, in 1977.

Peg has worked in a private practice and various social service agencies for over 20 years, treating adults, children and families. Since 2001, she has provided clinical treatment for adults and seniors in the day treatment programs at Santa Rosa Memorial Hospital.

Facts: Plaintiff was a gun collector who sold guns on consignment through defendant Jones, a licensed gun dealer. In total, plaintiff consigned with Defendant Jones guns with a total value of $606,927. Jones allegedly sold the guns but failed to pay plaintiff any of the proceeds. In order to obtain funds to pay plaintiff, Jones located a purchaser for a one-half interest in his gun store, defendant Bridgewater. Jones and Bridgewater entered into a complex written agreement with plaintiff pursuant to which, among other things, Jones and Bridgewater executed promissory notes to plaintiff, and Bridgewater paid plaintiff the sum of $200,000 in cash. Claiming that Jones and Bridgewater had breached the agreement, plaintiff filed a complaint against both of them for breach of contract, conversion, civil conspiracy, elder financial abuse, and declaratory relief. Defendant Bridgewater filed a cross-complaint against Jones for indemnification, breach of contract, fraud, apportionment of fault, and declaratory relief.

Contentions: Plaintiff alleged that, shortly after the agreement was made, the two defendants schemed to avoid their obligations under the agreement and not pay plaintiff. Defendants claimed that plaintiff’s conduct after the agreement was made constituted a breach of the agreement. Plaintiff denied that claim.

Result: The court found that the total amount owed to plaintiff was $606,927, and that he had received payments totaling $315,000, leaving a balance of $291,927. The court awarded that amount ($291,927) which was comprised of $105,000 on the breach of contract claim and $186,927 on the conversion claim. The court found for defendants on the other causes of action. The court found against defendant Bridgewater on all counts in its cross-complaint.

Date: Tuesday, July 17, 2012 Time: 5:00 pm – 6:30 pm (check-in 4:45 pm) Presenters: Honorable Gary Nadler, Honorable Elliot Daum & Honorable Arthur Wick Hon. Gary Nadler Hon. Elliot Daum Hon. Arthur Wick Place: SCBA Office, 37 Old Courthouse Sq., Ste. 100, Santa Rosa CA 95404 Cost: $45–SCBA Members; $55-Non Members & Public MCLE Credit: 1.5 Units General MCLE Credit Click Here to Register Click Here to Print Registration Flyer

• Using the new local rules of court
• Case management conferences
• Summary judgment motion tips
• Expert witnesses and trials: how to avoid negative results
• Examination of witnesses and juries
• Voir dire practices
• Jury Trial Issues

Strategies, tactics, and expectations in chambers.

The panel will feature Jack DeMeo and Bart Weitzenberg for the plaintiffs’ perspective, Mark Peters and Mike Miller for the defense, and the Honorable Gary Nadler and the Honorable Mark Tansil for the bench. The discussion will attempt to fit the give-and-take of pre-trial proceedings into the revised rules dealing with those matters.

The program is designed for trial lawyers who regularly try jury trials as well as those who want to know what really goes on behind those closed doors.

When establishing and administering trusts, it is common for attorneys and their clients to encounter unforeseen problems with banks that can undermine and frustrate established estate plans and trust documents. Unexpected, inconsistent, and bewildering individual bank “policies,” “procedures,” and “rules” can cause disastrous delays and expense in establishing and managing trust accounts.

Many of these obstacles are not on the radar of trust counsel, and may appear to lack a legal or rational basis. Also, banks often are unwavering in their adherence to what appear to be unreasonably cumbersome requirements.

This panel of experienced trust practitioners and veteran bank counsel will identify, examine, and suggest solutions to a wide array of trust banking issues, and will help attendees understand the banks’ legal and practical perspective. Attendees are encouraged to provide, in advance, examples of issues they have encountered for discussion by the panel. Such examples should be emailed to Stephanie Hess at shess@frigolaw.com.

Dance to the Great Music of the Court N Disaster
Scrumptious Food & Wine
Wine Country Casual (No Ties)

This is sure to be a fun evening that you don’t want to miss!

~Spouses and Significant Others Welcome~

Honoring the Judges & Judicial Officers Serving Sonoma County

Friday, June 22, 2012

5:30 P.M. – 8:30 P.M.

$60 per person

Vintners Inn (John Ash & Co) | 4350 Barnes Road, Just South of River Road

Click Here to Register!

Click Here to Print Registration Flyer

Thank you to our 2012 Sponsors

Supreme Sponsors-$1000
Abbey, Weitzenberg, Warren & Emery
Cochran|Erickson PC
Edgar Law Firm
Geary, Shea, O’Donnell, Grattan & Mitchell
Spaulding, McCullough & Tansil

Appellate Sponsors- $750
Beyers Costin
Dickenson, Peatman & Fogarty
Hansen & Miller Law Firm

Superior Sponsors- $500
Carle, Mackie, Power & Ross
Clement, Fitzpatrick & Kenworthy
DeMeo, DeMeo & West
England Law Office
JAMS
Law Offices of James V. Sansone
McMillan & Shureen, LLP
Mitchell & Mitchell Insurance Agency
Professional Fiduciary Association of California, Sonoma County Chapter
SCBA Bankruptcy Section
SCBA Family Law Section
SCBA Labor & Employment Section
Shapiro, Galvin, Shapiro & Moran
Smith Dollar
Terre Family Law
The Tavis Firm

Advocate Sponsors- $250
Anderson, Zeigler, Disharoon, Gallagher & Gray PC
Arbitration & Mediation Center
Ferchland Law Office
Jeff Ottobani
Johnston | Thomas
Law Offices of Elissa Urlik
Law Offices of L. Stephen Turer
Law Offices of Roxanne Davis Jones
Law Offices of Tricia Shindledecker
Loughner & Loughner
Newby Law Office
O’Brien, Watters & Davis
Perry, Johnson, Anderson, Miller & Moskowitz
Redwood Reporting & Videoconferencing, LLC
SCBA ADR Section
Senneff, Freeman & Bluestone
Tunick Videography
Verbatim Reporting
Vintage Reporting

Date: Wednesday, May 30, 2012 Time: 12:00 pm – 1:30 pm (check-in 11:45 am) Presenters: David Berry & Jeff Terry Place: SCBA Office, 37 Old Courthouse Sq., Ste. 100, Santa Rosa CA 95404 Cost: $45–SCBA Members; $55-Non Members & Public MCLE Credit: 1.5 Units General MCLE Credit Click Here to Register Click Here to Print Registration Flyer David Berry Jeff Terry

Recent developments in California Real Property Law

David Berry
Abbey, Weitzenberg, Warren & Emery
David Berry is a shareholder at Abbey, Weitzenberg, Warren & Emery. He has won many real property cases using theories including adverse possession and license by implication that a neighbor was estopped from revoking. His practice includes real estate, business, and construction defect trial work.

Jeff Terry
Carle, Mackie, Power & Ross
Jeff Terry is a partner at Carle Mackie Power & Ross and an experienced trial attorney who has practiced extensively in the areas of real property, business and commercial law for over 20 years. Representing both businesses and individual clients, he has successfully resolved a wide array of real property disputes.

This presentation will include input from judicial officers, mental health professionals, family court services and attorneys regarding the following material:

• The Law Regarding Children’s Preferences and Input in Custody Matters;
• Procedures and Options Regarding How Children’s Preferences and Input Are Presented to the Court;
• The Effect of Involvement in the Custody Process on the Child.