Santa Barbara Lawyer - sblaw.org · Real Estate Broker with my own company for over 24 years.”...

Official Publication of the Santa Barbara County Bar Association December 2018 • Issue 555

Santa Barbara Lawyer

2018 Courthouse

Cover Series

2 Santa Barbara Lawyer

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December 2018 3


Santa Barbara LawyerA Publication of the Santa Barbara

County Bar Association©2018 Santa Barbara County Bar Association

CONTRIBUTING WRITERSMichael N. Arnold

Jeff ChamblissJennifer Gillon Duffy

Lindsay LeonardVictoria Lindenauer

Stacy McCroryNicki Parr

Robert SangerRosaleen Wynne

EDITORJennifer Gillon Duffy

ASSISTANT EDITORLida Sideris

MOTIONS EDITORMichael Pasternak

VERDICTS & DECISIONS EDITOR

Allegra Geller-Kudrow

PHOTO EDITORMike Lyons

PRINTINGPrinting Impressions

Submit all EDITORIAL matter [email protected]

with “SUBMISSION” in the email subject line.

Submit all VERDICTS AND DECISIONS matter to:Allegra Geller-Kudrow at

[email protected]

Submit all MOTIONS matter to Michael Pasternak at [email protected]

Submit all ADVERTISING toSBCBA, 15 W. Carrillo Street,

Suite 106, Santa Barbara, CA 93101phone 569-5511, fax 569-2888Classifieds can be emailed to:

[email protected]

Santa Barbara County Bar Association www.sblaw.org

2018 Officers and DirectorsOfficers

J. JEFF CHAMBLISSPresidentThe Law Offices of J. Jeff Chambliss140 E. Figueroa StreetSanta Barbara CA 93101T: (805) [email protected]

AMBER HOLDERNESSPresident-ElectOffice of County Counsel105 E. Anapamu Street, #201Santa Barbara, CA 93101 T: (805) [email protected]

ELIZABETH DIAZSecretaryLegal Aid Foundation301 E. Canon Perdido Street Santa Barbara, CA 93101 T: (805) [email protected]

ERIC BERGChief Financial Officer Berg Law Group3905 State St Ste. 7-104Santa Barbara, CA 93105T: (805) [email protected]

MICHAEL DENVERPast PresidentHollister & BracePO Box 630Santa Barbara, CA 93102T: (805) [email protected]

Directors

LETICIA ANGUIANOMechanics Bank1111 Civic Drive, Suite 204Walnut Creek, CA [email protected]

JOSEPH BILLINGSAllen & Kimbell, LLP317 E. Carrillo StreetSanta Barbara, CA 93101T: (805) [email protected]

DEBORAH BOSWELL Mullen & Henzell LLP112 Victoria StSanta Barbara, CA 93101T: (805) [email protected]

LARRY CONLANCappello & Noël LLP 831 State St Santa Barbara, CA 93101 T: (805) 564-2444 [email protected]

IULIA I. DAVIES 800 Anacapa St, Suite A Santa Barbara, CA 93101T: (858) [email protected]

JENNIFER GILLON DUFFYFell, Marking, Abkin, Montgom-ery, Granet & Raney LLP 222 E Carrillo St #400 Santa Barbara, CA 93101T: (805) [email protected]

STEPHEN DUNKLESanger, Swysen & Dunkle125 E. De La Guerra, Suite 102Santa Barbara, CA 93101 T: (805) [email protected]

ELVIA GARCIALaw Offices of Gregory I. McMurray PC 1035 Santa Barbara St Ste 7 Santa Barbara, CA 93101T: (805) [email protected]

MICHELLE ROBERSONPresidentSierra Property Group, Inc.5290 Overpass Road, Bldg. CSanta Barbara, CA 93111T: (805) 692-1520 *[email protected]

JEFF SODERBORGBarnes & Barnes 1900 State St Ste MSanta Barbara, CA 93105T: (805) [email protected]

ROSALEEN WYNNELaw offices of James F. Cote222 E. Carillo St. Ste 207Santa Barbara, CA 93101T: (805) [email protected]

LIDA SIDERISExecutive Director15 W. Carrillo Street, Ste 106Santa Barbara, CA 93101T: (805) 569-5511Fax: [email protected]

Mission StatementSanta Barbara County Bar Association

The mission of the Santa Barbara County Bar Association is to preserve the integrity of the legal profession and respect for the law, to advance the professional growth and education of its members, to encourage civility and collegiality among its members, to promote equal access to justice and protect the independence of the legal profession and the judiciary.

December 2018 5

Santa Barbara LawyerOfficial Publication of the Santa Barbara County Bar Association December 2018 • Issue 555

Articles

6 President’s Message: What a Pleasant Surprise!, By Jeff Chambliss

7 From the 2018 Editor: A Year of Giving Back, By Jennifer Gillon Duffy

8 Remembering Bill Stewart, October 8, 1941 - October 22, 2018, By Victoria Lindenauer

10 Building Financial Resilience in Small Businesses, By Nicki Parr ACA, Business Recovery Specialist, Women’s Economic Ventures

11 Court-Ordered Therapy for a 16-year-old? Maybe So. By Stacy McCrory, MA, MFT

13 Philanthropy Corner, By Jennifer Gillon Duffy

16 Thinking of Being a Mentor? Just Do It!, By Rosaleen Wynne

17 Allocation of Value in Permanent Easement Situations, By Michael N. Arnold

19 Private Professional Fiduciaries as Revocable Living Trust Successor Trustees, By Lindsay Leonard, Licensed California Professional Fiduciary

20 The Need to Revise the New Bail Law – Part II, By Robert Sanger

28 SBCBA Ice Cream Social & Live Scan Fingerprinting Event - Photos

Sections

26 Motions

34 Classifieds

On the Cover2018 Covers, left to right, from top: January – Mike Lyons, March – David Diamant, April – Kit Boise-Cossart, May – John Johnson, June – Jennifer Gillon Duffy, July – Mike Lyons, September – Lori Greenburg, October – Chris Potter, November – Sarah Sinclair

Starting the night off right in the SB Club Courtyard

Larry Conlan introduces Justices Martin Tangeman, Kenneth Yegan, Presiding Justice Arthur Gilbert and Steven Perren Moderating the panel is SB Superior Court Presiding Judge Patricia Kelly

SBCBA Justices’ Reception


Jeff Chambliss

Have you renewed your membership in the

Santa Barbara County Bar Association?

See page 30 for the 2019 SBCBA

Renewal Application

SBCBA

President’s Message: What a Pleasant Surprise!By Jeff ChamBliss

P rior to my joining the Board of the Bar Association five years ago, I had avoided non-profit boards, en-visioning long, boring meetings filled with speakers

droning on about matters of little consequence or interest. At least insofar as this Board is concerned, I was wrong. What I found instead has been a dedicated, smart group of people, all working towards the common goal of strength-ening our Association and our community. I want to thank each Board member who has served with me and especially the members on this year’s Board who accepted my leader-ship and vision. There were disagreements, of course, but always resolved amicably by compromise after discussion.

We have accomplished a lot. We started out 2018 seeking volunteers from our member-

ship to help at the local Disaster Relief Center by provid-ing pro bono assistance to victims of the Thomas Fire and January debris flow. The response was so overwhelming that we had to turn volunteers away. Over twenty-five at-torneys participated, with some assisting on multiple days. About 140 grateful visitors were served.

We continued giving back to the Community: both to

our membership with a Reception in the Mural Room in February hosted by the Bar for the Chief Justice of the California Supreme Court, Tani Cantil-Sakauye, and a Live Scan Fingerprinting & Ice Cream Social just last month, where over 150 members of the Asso-ciation were fingerprinted while enjoying tasty Mc-Connell’s Ice Cream. We have made donations to-taling over $30,000 to the High School Mock Trial Competition, the UCSB Mock Trial Team, Legal Aid Foundation, the Community Action Commission of Santa Barbara County, and, in January, to a family that lost all in the Thomas Fire Debris Flow, chosen by the Santa Barbara Support Network, the recipient of our donation.

There are other highlights and accomplishments from the year, including working closely with the Santa Barbara Women Lawyers’ Association on various projects, and our first ever MCLE presentation offered in Santa Maria in conjunction with the Northern Santa Barbara County Bar Association.

Under the leadership of our CFO Eric Berg, we have se-cured an investment advisor, the Omega Financial Group led by Dylan Minor, to professionally manage our invest-ments and savings consistent with the Board’s fiduciary obligations. This is a critical step to ensure the long term financial health of the Bar Association and to ensure the fulfillment of our fiduciary obligations. It was done after two outside reviews of our investments and numerous discussions among the Board.

In closing, I especially want to thank our Executive Di-rector Lida Sideris without whose guidance and patience I would have been lost. Under Lida’s guidance and with Amber Holderness, Elizabeth Diaz, Eric Berg, and now Jen-nifer Duffy in line for President, the Bar is in good hands. It has been an honor to serve as the President of your Bar Association. Thank you for the opportunity.

Jeff Chambliss is the current President of the Santa Barbara County Bar Association. He is in private practice in Santa Barbara, San Luis Obispo, and Ventura Counties focusing on criminal de-fense after leaving the Santa Barbara County Public Defender’s Office in 2017 as a Chief Trial Deputy.

December 2018 7

Jennifer Duffy

SBCBA

From the 2018 Editor: A Year of Giving BackBy Jennifer Gillon Duffy

W hen I agreed to be the Editor of the Santa Barbara Lawyer magazine for 2018 and decided on the theme of “Giving Back,” I had no idea what

an amazing journey would ensue. I wanted to introduce our membership to meaningful opportunities to volunteer in our community. What came back to me in this adventure has been more than I ever expected.

I have learned about local philanthropies I had not heard of before, some of which I decided to feature. I discovered new things about the philanthropies I love, and met amaz-ing, inspirational people who dedicate their lives to helping others. Be it afternoon coffee with a development director, lunch with a marketing specialist, visits to non-profit work spaces, I learned so much. Because of my own involvement with the Dream Foundation’s Flower Empower Program, I was given the opportunity to meet and interview Presid-ing Justice Arthur Gilbert. His most senior Staff Attorney Lauren Nelson makes flower bouquets every week with me through that program. I didn’t know her legal background until she saw my first issue in January and offered to have me meet Justice Gilbert.

I hope that the readers have enjoyed getting to know about the 24 organizations I have highlighted and the vol-unteer opportunities available. Most, if not all of us, had a helping hand to get where we are today. Giving back is a way to pay that guidance forward.

The highlighted organizations have been:

January: Storyteller Children’s Center and Dream Founda-tion (beginning and ending of life)

February: Women’s Economic Ventures and Junior League of Santa Barbara (women)

March: AHA! and Youth Mental Wellness Coalition/Mental Wellness Center (teens)

April: Explore Ecology and Community Environmental Council (environment)

May: Habitat for Humanity and Transition House (housing)

June: The FoodBank and Unite to Light (life necessities)

July: The Santa Barbara Zoo and Carpinteria Sealwatch (animals)

August: Child Abuse Listening Mediation (CALM), Court Ap-pointed Special Ad-vocates (CASA) (child advocacy)

September: Teddy Bear Cancer Foundation and Girls Inc. (children)

October: What is Love? and Legal Aid Founda-tion’s Family Violence Prevention Program (domestic violence prevention)

November: The Santa Barbara Botanic Garden and Fairview Gardens (garden)

December: Family Service Agency and Teen Legal Clinic

I hope that at least one of these organizations speaks to you and inspires you to give back with your time.

I have seen past Editors always thank Lida Sideris and Kathleen Baushke for their dedication to this publication. Now I know why. Lida, who is the Executive Director of the Santa Barbara County Bar Association, has been the Assistant Editor of this publication for several years, providing her thorough editing skills, kind demeanor, and gentle guidance, and with her institutional knowledge, re-ally keeps this magazine timely in its subject matter and on time. Kathleen has been the publisher for over 20 years. She is talented, creative, and passionate about her work product. I have thoroughly enjoyed this experience with Lida and Kathleen.

I turn the reins over to Steve Dunkle as the Editor for 2019, and I know he will do a great job. He can be reached at [email protected], and (805) 962-4887.

Thank you for this opportunity. Happy holidays to all.

Jenn Duffy is a Partner with Fell, Marking, Abkin, Montgomery, Granet & Raney, LLP, where she specializes in employment law and family law matters and is a Certified Family Law Specialist. She has a blended family of four children, three dogs, one cat, and a very patient husband.

Please send articles for consideration in a future issue to Steve Dunkle’s attention.


W

Remembering Bill StewartOctober 8, 1941 - October 22, 2018By ViCtoria linDenauer

In Memoriam

illiam John Stewart was an exquisite study in contrasts. Brilliant trial lawyer, yet humble to the core. Accomplished military officer, yet

never regarded himself above any other human being. Fiercely loyal patriot (he defined himself in large part by his distinguished service to the United States Navy), but outspoken critic of what he felt constituted injustice. During the Iran Contra scandal, he joined a protest march up Refugio Road to President Reagan’s Rancho del Cielo. Those seemingly incongruous and sincere convictions were natural for Bill.

Bill was an enthusiastic student of diverse cultures and

cherished the people he met, the time he spent with them, and the many pieces of art he collected dur-ing the two years he served as a Law Clerk to the Chief Justice of American Samoa from 1971-1972.

Tall in stature, he had large, expansive hands with which he waved and gestured to juries, always pleading with them to exercise common sense, addressing them as “folks.” That was his way. He was all heart, all soul, all dedication, and all honesty. People believed him because he told the truth. He tried 90 cases to verdict, most in the pre-Discovery Act days (i.e., prior to 1986) when civil trials were more of a seat-of-the-pants, Wild-West-style undertaking. Few knew he took the solemn responsibility of advocacy so seriously that he would sometimes become ill right before his jury trials started. But as soon as the jury filed in, he conducted like it was a symphony. No one could emulate his style, nor should they have tried.

As a Senior Partner at Archbald & Spray, Bill mentored many of the new litigation associates. I second-chaired my first trial with him. I watched him intently, learned much, and forgave him when he unceremoniously spilled one of his ever-present warm Coca Colas on my car’s pristine leather upholstery. Who drinks warm cola? He, with his black patent leather military dress shoes (which he some-times wore with Hawaiian shirts), was quirky. It was all part of his inimitable charm.

Kenneth Moes, Bill’s law partner at Archbald & Spray, has said of Bill, “He was recognized throughout the Cen-tral Coast legal community as a highly accomplished and effective litigator whose word was his bond... He was an honorable and principled man, and I am proud to have been his friend and partner.”

Bill graduated with a B.S. from the U.S. Naval Academy in 1963. He earned his J.D. from California Western Uni-versity (Law Review) and was a graduate of the U.S. Naval War College. He served in Vietnam with the First Air and Naval Gunfire Liaison Company, Fleet Marine Force, from 1965-1966. He served in the Naval Reserve from 1967-1989, rising to the rank of Commander. He recruited countless candidates for the Naval Academy. Many of his friends and colleagues affectionately referred to him as “Commander” for the rest of his life.

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Feature

Continued on page 34

Building Financial Resilience in Small BusinessesBy niCki Parr aCa, Business reCoVery sPeCialist, Women’s eConomiC Ventures

everal months after two natural disasters struck our community during the winter of 2017/8, I started working for Women’s Economic Ventures

to help small businesses that had been economically im-pacted by the consequences of these events. This initially entailed assisting them with securing additional work-ing capital in the form of disaster-related government and CDFI loans to meet payroll, purchase inventory, advertise, etc. However, it soon became apparent that, for many clients, running a small business was akin to walking a tightrope: one slip and all could be lost. After the immediacy of filling the working capital gap had passed, my priority then became advocating financial resilience for small business owners.

In recent times, “resilience” has become something of a buzzword. And for good reason. We are living in, arguably, an unprecedented era of change, competition, informa-tion, and instability. To be resilient is to survive. It is what we, as humans, are fundamentally wired to do. I often think of resilience as being somewhat paradoxical in nature – on the one hand, resilience reflects strength and robustness, and, on the other hand, it reflects being adaptable and nimble. Resilience is the inter-relation-ship of all of these characteristics - and knowing when to apply each.

But how does this translate into the business arena? What does it mean for a small business to be resilient, and, more specifically, to be financially resilient? My belief is that fi-nancial resilience fundamentally translates to preparedness, which translates to building cash capacity and reserves.

It is widely known that, as a nation, we are woefully bad at saving money – over 65% of Americans save less than 10% of their paycheck, with 20% saving nothing at

all (source: Bankrate Finan-cial Security Index, March 2018). While similar sta-tistics are hard to come by for small businesses, my guess would be that they would not be that different. The truth is that cash flow management is one of the greatest challenges facing small business owners, and being able to regularly save money at the end of each month is not seen as a prior-ity (or even a possibility).

Fundamentally, to generate a net positive cash flow, a business needs to (a) increase its revenue and (b) decrease its expenses. In working with small businesses, I try to

address both ends of the income statement so that not only does a business become more profitable, but it also becomes more cash posi-tive. Each small business should build an emergency fund that could cover two to three months of fixed overhead expenses (e.g., rent, payroll, etc.) in the event of a business interruption and revenue reduction. This cushion will allow a small business to absorb some of the bigger bumps in the road and may allow that small business owner to sleep a little more easily at night.

Revenue diversification and reve-nue acquisition are also the hallmarks of a resilient business. These reflect the aspects of resilience that are nimble and adaptable, while the cash reserve represents the strength and robustness. The business owner should be looking up and around at their environment – identifying where the new opportunities are, where the trends might be, where the greatest profit margins come from, and focusing their efforts in those areas. It is crucial to realize that the customer base is a dynamic entity, particularly following a significant event (natural disaster, financial crisis, political change, etc.). A resilient business owner is one who can continue to suc-cessfully adapt to their changing business environment.

In reviewing the expenses of a business, the cost of bor-

In recent times, “resilience” has become something of a buzzword. And for good reason. We are living in, arguably, an unprecedented era of change, competition, information, and instability. To be resilient is to survive.

December 2018 11

Feature

recently got a call from a desperate dad who had just come from court and believed he might never see his kids again.

He told me he hadn’t had a relationship with his kids in over a year, and at least one of them, a 16-year-old girl, didn’t want any contact with him at all. He had gone to court hoping he could compel the judge to order therapy to repair their relationship, but that didn’t happen.

I could hear the despair in his voice as he related the judge’s ruling. “She said she wouldn’t order a 16-year-old to par-ticipate in therapy against her will,” he explained.

I asked him some questions without getting too specific, and then, in what I hoped was a compassionate way, I reflected for him that, based on what he told me, his kids didn’t want to see him, especially his 16-year-old, nor did they want to go to therapy. Their mom supported them in this decision, and ap-parently the judge did, too.

I told him I was sorry for his situation, adding that professionally, I understood the judge’s deci-sion and rationale. But no therapist can treat a family if the family won’t come for treatment. I then offered him this anecdote of a similar situation from my family practice that I thought might help him convince someone involved to reconsider. Here’s what I told him:

In Spring of 2017, I received a referral from two attorneys in the Bay Area. The family in question had just moved to Santa Barbara and needed a reunification therapist to facilitate contact between a 16-year-old girl and her dad who she hadn’t seen in two years.

When I met Harmony (not her real name), she referred to her dad by his first name and told me she had no desire to ever see him again. She spoke of him with disdain, felt “traumatized” (her word) by his past verbal abuse, and struggled to hold it together as she listed his deficits and failures. She was respectful, articulate, mature for her age, and made it crystal-clear she was only here

because “the judge made [her] come.”

I reassured her that I would not force her to do anything she didn’t want to do, and that I was simply going to be a facilitator of a con-versation that may, or may not, lead to the repair of her relationship with her dad. I explained that, regardless of the outcome, I wanted her to feel confident that she was sufficiently dealing with her issues and would therefore be well-equipped to handle conflict and challenging personalities in other/future relationships. She understood the benefit of participating.

She also trusted that I was an “expert at this stuff,” and was sure I would see that her dad was, in fact, the narcissist she accused him of being, and that I would further agree he was toxic for her. Then she would be justified in her rejection of him, and their two-year estrangement would not have been in vain. I was completely open to this theory, of course, and I made sure she knew it. And so, our work began, with her, as well as with each member of the family.

It took a bit of education and constant reas-surance that I was on her side, but over time, Harmony began to see this process as an opportunity, rather than as a court order. The heavy burden she’d been carrying for so long gradually lifted, to where she could finally en-

tertain the notion that she might actually be open to a relationship with her dad – or, at the very least, a conversation.

It took some time, but repair did happen for Harmony and her family, repair none of them thought was possible and probably would have never happened without that order from the Court.

I ran into Harmony recently, and with a big smile and thumbs up in the air, she told me, “Things with my dad are REALLY good.” She is now grateful for the court-ordered opportunity to explore what she didn’t think was possible, and what she didn’t think she wanted, but has changed her life for the better.

I don’t know what came of that desperate dad who called me that day, or if he ever got the chance to tell this story. So, I thought I’d tell it here; who knows, it just might help reframe court-ordered treatment as an opportunity to see

Court-Ordered Therapy for a 16-year-old? Maybe So. By staCy mCCrory, ma, mft

Stacy McCroryI


The reality is, court-ordered treatment can, and does, work, especially when the entire family participates in the reunification process.

December 2018 13

Philanthropy Corner

Welcome to the

PHILANTHROPY CORNERBy Jenn Duffy, eDitor

Featuring Non-Profit OrganizationsThis month’s featured philanthropy organizations are

Family Service Agencyand

Teen Legal Clinic.

Family Service Agency of Santa Barbara CountyThe mission of Family Service Agency of Santa Barbara County (FSA), which merged in 2017 with the Santa Maria Val-

ley Youth and Family Service Center, is to strengthen and advocate for families and individuals of all ages and diversities, helping to create and preserve a healthy community. Our holistic programs work with all members of a family to address their specific needs. Since 1899, FSA’s programs have provided families with access to food, shelter, and other basic needs. FSA also provides substance-abuse treatment and a wide array of mental-health services, in addition to the nationally-recognized Big Brothers Big Sisters program. Many of our programs, such as school-based mental-health counseling and our network of Family Resource Centers, are co-located in the community at schools and partner agencies. Last year, FSA served 23,000 people throughout Santa Barbara County.

FSA works with a wide variety of partners to meet the diverse needs of individuals and families. Two of FSA’s projects, Holistic Defense and the Senior Legal Assistance Program, interface with legal service providers. The Holistic Defense program is a collaboration with the Santa Barbara County Public Defender’s Office. Through this program, a social worker joins a client’s legal defense team, helping the client to identify and address the causes of criminal behavior. The goal of the program is to reduce recidivism. The Senior Legal Assistance Program is the result of a partnership with the Legal Aid Foundation of Santa Barbara County. As part of this program, a clinician works with a senior victim of crime to address the senior’s emotional and other needs. The program aims to support and stabilize seniors who have suffered financial exploitation, fraud, or abuse.

Teen Legal ClinicSince 2000, the Santa Barbara Teen Legal Clinic (SBTLC) has been providing free legal services (for suspensions, expul-

sions, special education, immigration, and more), representation, and education for the youth of Santa Barbara. The SBTLC is able to provide these services through the commitment and generosity of lawyers within our community. Our staff is comprised of all volunteers, many of whom are working attorneys in the Santa Barbara legal community. We recently spearheaded the Restorative Justice Project, a collaboration with the Santa Barbara Probation Department and the Santa Barbara District Attorney’s Office, bringing an alternative path to handling juvenile criminal matters. We empower youth through education regarding their legal rights and responsibility, which in turn makes our Santa Barbara community even stronger. If you would like more information or are looking for a way to support our cause, please visit www.sbteenlegal.org or contact Tara Haaland-Ford at (805) 962-3344.


Volunteers Needed!How You Can Help....

Big Brothers Big SistersMake a BIG difference in a child’s life through your friendship and a few hours each month sharing simple activities. Call Yeimi Arias at 805-925-1100

Long-Term Care OmbudsmanLend a voice to our most vulnerable citizens as an advocate for residents in skilled nursing homes and assisted-living facilities. Call Marco Quintanar at 805-965-1001 x223

Board of Directors & Advisory CommitteesContribute your time, leadership, and expertise to guide FSA by providing over-sight of the agency’s programmatic and fiduciary operations. Call Lisa Brabo at 805-965-1001 x240

SANTA MARIA VALLEY YOUTH & FAMILY CENTER

For more information about FSA or to make a tax-deductible donation, visit: FSAcares.org or call Katie Jacobs, 805-965-1001, ext 267.

December 2018 15

To educate youths on their legal rights and responsibilities and to empower them to make decisions that will allow them to

grow into responsible and productive adults in the community.

Since 2000, the Santa Barbara Teen Legal Clinic (SBTLC) has been providing free legal services (suspensions, expulsions, special

education, immigration and more), representation and education for the youth of Santa Barbara.

The SBTLC is able to provide these services through the commitment and generosity of lawyers within our community. Our staff is comprised of all volunteers, many of whom are working attorneys in the Santa Barbara Legal Community. We recently spearheaded the Restorative

Justice Project, a collaboration with the Santa Barbara Probation Department and the Santa Barbara District Attorney’s Office, bringing an alternative path to handling juvenile

criminal matters.

We empower youth through education regarding their legal rights and responsibility, which in turn makes our Santa Barbara community even

stronger.

WHO WE ARE...

For more information or to support our cause,

visit www.sbteenlegal.org or contact

Tara Haaland-Ford at (805) 962-3344.

PROUD TO PARTNER

WITHSB GIVES!

SB Gives is an online fundraising platform which hopes to increase the capacity in some of our regions most important community based organizations.


Thinking of Being a Mentor? Just Do It! By rosaleen Wynne

I

Feature

met my Little Sister through the Family Service Agency 22 years ago. She was 13, and I was, well, younger than I am now. I love children and do not

have any biological children of my own. I thought volun-teering would be a way to have a child in my life and to give back to my community.

My Little was not what I expected: she was a tall, blonde, blue-eyed, athletic, well-dressed young girl, living in a nice clean cottage in downtown Santa Barbara. I wondered why she needed a Big Sister, or mentor. What I know now is that we all need mentors, when we are children, students, parents, and professionals.

Big Brothers Big SistersBig Brothers Big Sisters is recognized as the single most ef-

fective prevention-based mentoring program in the United States. At-risk children ages 6-15 are carefully matched with caring adult mentors, who help them reach their full potential through one-on-one relationships built on trust, friendship, consistency, support, and guidance.

Every year, volunteer Big Brothers Big Sisters help improve the lives of more than 200 youths in Santa Barbara County, many from single-parent, and/or low-income homes.

Big Brothers Big Sisters one-on-one mentoring services are proven to help children beat the odds. Youths served by Big Brothers Big Sisters are more likely than their peers to succeed in school, make safer behavioral choices, and have stronger and healthy relationships. National and local research shows that positive relationships between Littles and their Bigs have a direct and measurable impact on children’s lives.

My ExperienceI committed to one hour a week for one year as a Big Sister

in 1996, after my older brother told me about his rewarding experience with the Big Brothers Big Sisters program and all his weekend outings with his Little in San Diego.

After the reasonable training and background check, I was matched with a thirteen-year-old, eighth grade,

young woman – my Little. I was excited to share my passion for education, athletics, dance and yoga, animals, and my appre-ciation for all that Santa Barbara has to offer, and I wanted to make an impact and a difference for her.

I was expecting a disad-vantaged child, whatever that means. Disadvan-taged is an odd term be-cause it is ambiguous. I was thinking of disad-vantage in the sense that there is no money or extras, no direction, no supervision. I looked at my Little and thought, you have it all, what can I do to make a difference?

I learned my Little was being raised by a single parent, with stressful family dynamics, and because of her teenage behavior, was considered “high risk” for run away, drugs, or pregnancy.

At our first meeting, her cat, Casper, attacked me and drew blood down the calves of both legs. Casper was the meanest cat I’ve ever met, and our first obstacle. My Little told me she wanted to grow up to be a nurse and deliver babies at Cottage Hospital, and she told me that she did not want another mother. Point well taken.

Our outings were varied. We met in May and went to I Madonnari at the Mission. I attended her swim meets and high school graduation in June, and in October she attended my wedding. I took Spanish conversation at City College while she was taking Spanish in high school, so we prac-ticed our Spanish conversation and vocabulary while she tried on clothes in dressing rooms when we shopped for back-to-school clothes.

We looked up recipes and cooked together. She ate pretty much only chicken, but she did not want to think about where the meat came from. I am a vegetarian, having been raised on a cattle ranch with first-hand experience of how meat is provided for a meal. She did not like avocado or tomato, until I took her to the Farmers Market and had her try the real thing. We did homework together—science and math; we both learned. We went to movies, skated on the boulevard, practiced yoga, and attended plays and dance performances. I taught her how to make jewelry.

She and her mother fought. Her mother would drop her

Rosaleen Wynne


December 2018 17

ike most aspects of property valuation, the valuing of easements is a blend of art and science. The sci-ence side of the equation is research, which most

often is data survey and analysis activity. The art side of the equation is professional judgment and is reflective of education, training, and experience.

The first step in valuing an easement is heavily weighted to the science activity. Usually, the value of the fee simple estate in the area to be encumbered by an easement is estimated by the data comparison approach. The value is often expressed in terms of value per square foot or value per acre. The easement area is not considered as a stand-alone entity, but rather as a part of the larger property.

Once the value of the fee interest in the area has been established, the value must be allocated between the domi-nant and servient parties to the easement. The benefits of real property ownership are described as being a “Bundle of Rights.” The concept comes to us from several centuries back and, in text books, is frequently illustrated as a bundle of twigs.

Each twig is labeled with a property right, like “Posses-sion,” “Occupy and Use,” “Control,” “Exclusion,” “Disposi-tion”, etc. When considering an easement, the valuer must consider how the bundle is diminished by the granting of the easement. In a theoretical situation where the property rights are evenly enjoyed (a shared driveway, perhaps) by the dominant and servient parties, the allocation of the fee value might be close to 50/50. In most cases the situation is weighted to one side or the other. Elements that must be evaluated include the use of the easement, the location of the easement, the situation of the easement, the exclusivity of the easement, the size of the easement, and the size of the larger property.

The Use of the easement can vary from view corridors to roads to utility lines to pipelines. In some cases, the use can be pretty benign and have little impact on the encumbered area. In other situations, there can be visual impact, noise, odors, or exposure to danger that could cause a significant impairment of the servient party’s use.

The Location of the easement has to do with the location within the encumbered parcel and the relationship of the easement to other uses on the parcel. Common utility easements are often located close to property lines to have as little im-pact on the larger parcel as is possible. A water pipeline running across an area of natural vegetation away from any structures would generally be con-sidered low impact. High voltage power lines running close to a dwelling would be considered relatively high impact.

The Situation of the easement refers to where it is; sur-face, underground, or in the air. All other things being equal, underground easements are less intrusive than those on the surface or in the air. Underground telephone or power lines probably have minimal impact on the encumbered property, whereas a canal could cause significant detrimental impacts.

Exclusivity of the easement has to do with shared, or not shared, use. An example of an exclusive easement would be a road or driveway that is not accessible or available to the servient party. Some easements, while not exclusive, do inhibit the use by the servient party. An underground pipeline easement often includes restrictions on the rights to use by the servient party. Typically, structures are not allowed in the easement area.

The Size of the easement, the size of the larger parcel, and the relationship between the two all come into play. A small easement on a large parcel generally has less impact than a large easement on a smaller parcel. A forty or fifty-foot-wide road across a 500-acre property is much less significant than if it crossed a half acre parcel.

The consideration of these elements, and more, are criti-cal in the assessment made by the experienced professional when estimating value allocation on permanent easements. It is a professional judgment, not a casual guess or applica-tion of a rule of thumb.

Mr. Arnold, Certified Appraiser, MAI, MRICS, is a principal at Hammock, Arnold, Smith & Company, a general practice appraisal firm providing valuation and evaluation services to a variety of clients, including corporations, government agencies, the legal community, financial institutions, and private individuals.

Allocation of Value in Permanent Easement SituationsBy miChael n. arnolD, CertifieD aPPraiser, mai, mriCs

Feature

L Michael Neal Arnold, MAI, MRICS


SPECIALIST in

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December 2018 19

requently, estate planning attorneys discuss with clients about who to appoint as successor trustees for revocable living trusts. Just as frequently, those

clients often want to designate their children, siblings, or other family members to take over the role of trustee when they themselves are no longer capable of bearing those re-sponsibilities or after they die. Trusted advisors, including legal counsel, can provide valuable insight to their clients by explaining why naming family members might not be as good an idea as the clients initially think.

It’s a lot of work. The role of successor trustee involves considerable time expended in preparing financial analyses and spreadsheets; shepherding assets; searching for and tracking down lost information; tax reporting; traveling to financial, debt related, creditor, and other business entities for research; evaluating, repairing, and making decisions concerning real and personal property; determining status and then preparing an accounting to beneficiaries to provide status of the trust estate - this takes time and acumen that family members might not have or be willing to devote.

It takes objectivity. When children or siblings are appointed to bear the burden, subjective interpersonal relationships may get in the way of decision making that requires clear thinking and objectivity. Often the unresolved familial emo-tional issues (“Mom always loved you best”) and lingering grief issues interfere with proper, timely, and necessary trust management. In addition, serving as trustee requires a unique skill set. It takes a specialist, especially when it comes to making discretionary decisions about how and when beneficiaries receive trust assets, ensuring that tax and legal obligations are met, and to ensure that the specifica-tions spelled out in the trust are followed. Family members often engage in stress tactics that increase the difficulty in reaching these goals.

There are deadlines to be met and rules to follow. Getting up to speed can be daunting when dealing with the added responsibilities of serving as successor trustee, on top of already established (and often busy) life commitments.

Often, the designees are not proximately located near the as-

sets. This increases the difficulty of managing/maintaining them, dealing with agents, and handling other trustee responsibili-ties.

Experienced estate plan-ning attorneys often rec-ommend to clients the private professional fidu-ciary as a viable succes-sor trustee appointment alternative. Independent, skilled, and objective, private professional fiduciaries practicing in the state of California are required to be licensed by the Professional Fiduciaries Bureau under the California Department of Consumer Affairs. (California Business and Professions Code, Section 6500, et seq.)

Private Professional Fiduciaries are an excellent choice for appointment as successor trustees because:

• They understand the mechanics of trust administra-tion and can work quickly and efficiently through the processes needed to be accomplished;

• Unlike banks, financial advisors, or corporate trustees (who profit from fee income derived from assets invested), private professional fiduciaries are com-pletely independent, usually earn set hourly fees, and therefore are free from conflicts of interest;

• A private professional fiduciary acting as successor trustee, unlike subjective family members, benefits from being an outsider and can make decisions free from bias and considerations of family dynamics;

• They provide peace of mind and freedom from worry for all concerned.

While acting as a successor trustee is only one aspect (of many) of the assistance offered by private professional fiduciaries, it is the first that attorneys in the estate planning arena usually think of when asked about fiduciaries and the services they provide.

Lindsay Leonard is the founder and owner of Santa Barbara Fiduciary. She has been a licensed California Professional Fidu-ciary since 2010 and has certifications in Professional Fiduciary Management for Conservators and Trustees. She is a National Certified Guardian, a Registered Trust & Estate Practitioner (TEP), and a member of the Santa Barbara Estate Planning Council. For more information about the nature of services avail-able from private professional fiduciaries, please see: http://santabarbarafiduciary.com/.

Private Professional Fiduciaries as Revocable Living Trust Successor TrusteesBy linDsay leonarD, liCenseD California Pro-fessional fiDuCiary

F

Feature

Lindsay Leonard


Criminal Justice

The Need to Revise the New Bail Law – Part IIBy roBert sanGer

Robert Sanger

n last month’s Criminal Justice column, we discussed the new bail law, SB 10. It was passed and signed into law by Governor Brown on August 28, 2018, but will

not take effect until October 1, 2019. The new bail law seeks to abandon the cash bail system that monetizes a person’s ability to get out of jail while being detained prior to trial. In other words, cash bail, bail bonds, and property bonds are replaced by a different pretrial release or detain-ment system.

As discussed last month, the positive consequences of the new law should be the reduction in the number of people who are held simply because they are poor. As the bill was eventually amended before it was passed, however, it is likely to have a lot of unintended consequences that may not be so favorable. As enacted, there are impediments to an early determination of release and significant numbers of people, including wealthy people or people who have friends or relatives who would have bailed them out, may remain in custody for days or for the entire duration of the pre-trial process.

We will look at the mechanisms set forth in the new statutes for determining who may be released and when, if at all. In Part III of this series, to be published in the January issue, we will focus, in particular, on the “risk assessment instrument” that is called for in the new legislation and whether that is a fair or even workable tool to decide who is subject to preventative detention. The prediction is that both the mechanisms and the concept of risk assessment will be subject to new proposed amendments to the law, starting with the legislative process in January, with the intent that the new law will be modified before it takes effect on October 1, 2019.

The New Bail MechanismsAs with many pieces of legislation, the bill that is even-

tually signed into law has the effect of amending, repeal-ing, and enacting several parts of the California Codes. In addition, there are portions that are not codified at all. In this case, the main effect is to amend Government Code

Section 27771 to impose additional responsibilities on the county probation department and on proba-tion officers or some other department to do pretrial risk assessments or to have the court do so or to create a new agency to do so. That agency, or part of an existing agency, now to be known as “Pretrial As-sessment Services,” would be responsible for assess-ing people arrested and releasing some of them, referring some of them to the court, and detaining some of them for days or – subject to court order – for the entire time they are awaiting trial.

The Penal Code was then amended, effective October 1, 2019, to first repeal the laws relating to bail, including cash bail, bail bonds, and property bonds pursuant to new Penal Code Section 1320.6. Second, a new Chapter 1.5 has been added, commencing with Penal Code Section 1320.7 through 1320.33, which becomes effective on the same date as the repeal. The uncodified portion of the law requires, “To the extent practicable, Judicial Council shall coordinate with the Chief Probation Officers of California to provide training efforts, conduct joint training, and otherwise col-laborate in necessary startup functions to carry out this act.”

The procedure for pretrial release or detention is multi-level but, at the heart of the new pre-trial release and deten-tion law, is the concept of risk. That is addressed through two general approaches. One is to list categories of offenses that will disqualify a pretrial detainee from being released immediately or, in some cases, during the remainder of the time awaiting trial. The second is to require a “pretrial risk assessment” that will be used by Probation or the Pretrial Assessment Services to predict whether a detainee will make court appearances and whether a detainee will commit a subsequent offense. The categories of risk will be “high,” “medium, and “low.” This second approach will be informed by the use of a “validated risk assessment tool.”

Preventive Detention What does, or should, grab attention is that the new

procedures are less concerned with whether a detainee will appear in court and more upon the risk of offending in the future. This later is basically “preventive detention.” In other words, through a combination of the type of crime alleged

I

December 2018 21

Criminal Justice

and the results of a “risk assessment tool,” the probation officer or Pretrial Assessment Services Officer will decide whether to release a person or hold that person in jail for further evaluation based on risk of offending. That further evaluation may eventually go to a judge who will decide whether to detain the person for the entire time until trial.

Has no one seen the movie “Minority Report?” There, a government unit called “PreCrime” would arrest and detain people who were determined to be future criminals. They used the psychic powers of “precogs” who had “foreknowl-edge” of the future behavior of individuals. Suffice it to say, it does not end well. But, literary or cinematic characteriza-tions aside, preventive detention has long been regarded with considerable suspicion.

Preventive detention is based on several assumptions. The two most significant assumptions are: one, that the fact a person has been arrested for an alleged offense puts him or her in a category of people who may be subject to preventive detention; and two, that there is some procedure or mechanism by which to determine who, among those detainees, is likely to offend in the future. Both assump-tions are subject to both challenges on a conceptual level, and as to the question of whether or not there is robust data to support them in real life applications. Fundamentally, it is easy to picture the case where a person arrested is really a bad guy – he did what he was booked on, and it is probably a reflection of “who he is.”

We don’t worry about detaining murderers, rapists, or maybe spousal batterers as long as we assume they are guilty. We are not too worried about the type of predictive tool, if any, used, and are likely to assume that just about any red flag is enough to keep such people in custody. But, that is not traditionally our system. The accused is presumed innocent, and we generally do not accept the idea of preventive detention for the innocent. In fact, the argument has been made that an arrest should not have effect on the determination of future dangerousness, and any such determination should stand on its own.

The Supreme Court, while analyzing rules that merely pertained to deprivation of property – welfare benefits – held that procedural rules must meet the requirements of due process. The Court said, “But procedural due process rules are shaped by the risk of error inherent in the truth-

finding process as applied to the generality of cases, not the rare exceptions.” While this applied to property, the Supreme Court has recognized that the right to pretrial liberty is “fundamental.” Certainly, the fundamental right to liberty must require a process of truthfinding that is robust and reliable. As will be seen in next month’s Criminal Justice column, that is problematic because, without all-knowing “precogs,” predictions of future offending is not robust at all.

Alleged Offense, Presumptions, Stages, and Release or Detention Procedures

Before we get to the “kicker,” which will have to wait for next month (the fact that “risk assessment tools” have not been validated at a high predictive rate), we will look

at the procedures for pretrial release or detention. They are multi-level from the time of arrest, to pre-arraignment assessment, to hearing at arraignment, to detention hearing, to establish whether a person will be detained until trial. They combine lists of charged of-fenses (and some prior offenses) with a “low,” “medium,” or “high” risk as-sessment on the risk assessment tool, the validity of which we will examine in next month’s column.

First, the categories of eligible of-fenses with which a person is charged, and related criteria, is arbitrary and does not have a scientifically validated correlation to either appearing in court or offending in the near future. There are different criteria at the various

stages of the proceedings but, to summarize: Under Penal Code § 1320.10, Pretrial Assessment Services

(PAS) can release a person on conditions if the person was assessed with a “low risk” prior to arraignment but who is not charged with any of the following: sex offenses, misdemeanors involving domestic violence, a person who has made threats or violated stalking laws, or a person who has been arrested for a felony involving violence or threats of violence, or being armed or who has been arrested for a third offense of driving under the influence within the past 10 years, DUI with injury or with a .20 or more blood alcohol level, or a person arrested for any type of restrain-ing order violation within five years, had failures to appear, was pending trial or sentencing, on post-conviction release supervision, threatened or intimidated a witness, violated pretrial release within five years, or has been convicted of or is now in custody charged with a serious or violent

Has no one seen the

movie “Minority

Report?” There, a

government unit called

“PreCrime” would arrest

and detain people who

were determined to be

future criminals.


Criminal Justice

felony. People assessed as “medium risk” will be subject to possible release based on criteria to be established by the court and PAS.

If a person is not released by PAS but is a low or medium risk, that person may be evaluated by the court for a pre-arraignment release. However, the court may not release people pre-arraignment if they were assessed as “high risk” or if they are charged with a serious or violent felony or were pending trial or sentencing in a felony case at the time of arrest. As to the people who qualify for consideration, the court is to consider information from the defendant, victim, and prosecution. Under Penal Code § 1320.13(h), “The court may decline to release a person pending arraign-ment if there is a substantial likelihood that no condition or combination of conditions of pretrial supervision will reasonably assure public safety or the appearance of the person as required.” And, there shall be a presumption that no conditions of release will assure safety if the alleged crime involved violence or threatened violence, the person was armed or used a deadly weapon, was on any form of supervised release, intimidated or threatened a witness or victim or violated the terms of pretrial release.

The next stage would be at the arraignment but, under Penal Code § 1320.16, only if the victim was given notice of the hearing and have a reasonable opportunity to be heard. This, of course, could delay the hearing on pre-trial detention. The PAS assessment would be considered by the court with other information. At the time of the arraign-ment, the prosecutor may make a motion seeking detention of the defendant pending trial based on much of the same criteria as creates a presumption of detention. The hearing would be held no later than three days after the motion for detention is filed, or five days if the defendant was not in custody before arraignment with a right to ask for up to three-additional-day’s continuance, pursuant to Penal Code Section 1320.19. And, at the preventive detention hearing, once again, there is a rebuttable presumption that no conditions of release would satisfy public safety if the crime is a violent felony, the person is assessed as “high risk,” the person was convicted within five years of a seri-ous or violent felony, the person was facing sentencing on a violent felony, had intimidated or threatened a witness or victim, or was on supervision at the time of arrest. The prosecutor must establish probable cause for the present offense, and the judge has to make a preventive detention ruling by clear and convincing evidence, which may be based on hearsay.

Merely adding procedural steps that prolong the detention of individuals does not serve the people’s liberty interests. Defendants might be disserved by adding procedural com-

plexity into an already complicated system. Thus, pretrial release should be determined quickly, but, if there is a delay, the trial court’s statement of reasons shall “contain more than mere findings of ultimate fact or a recitation of the relevant criteria for release on bail; the statement should clearly articulate the basis for the court’s utilization of such criteria.”

All in all, a person accused could be detained for a few hours on a “low risk” minor case, for a couple of days for a pre-arraignment hearing, five-to-ten days for an arraignment hearing, and a few more if the prosecutor seeks a hearing on preventive detention pretrial. And, of course, if the person is actually detained after that hearing, the person could be in jail for months or longer awaiting trial.

Ultimately, SB 10 as presently constituted is no better at creating truthfinding criteria to support preventive deten-tion, nor at creating due process or equal protection. The criteria are not reliable nor proven, the assessment tools are not validated, the procedures do not provide due process, and the overall operation of SB 10 is so wildly unreliable that there will not even be rough consistency from court-room to courtroom or county to county, thereby denying equal protection.

ConclusionIt is a good thing that monetary bail is repealed. Anatole

France famously said, “In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread.” It could be said that repealing monetary bail permits all, rich and poor alike, to be confined in jail awaiting trial. It is true that SB 10 should result in fewer people being held in jail simply because of their poverty, but it will be also true that the rich and the poor will be randomly detained for days, months, or longer based on arbitrary charges and on unpredictive criteria and unvalidated algorithms. In next month’s Criminal Justice column, we will look at the lack of validation of the risk assessment tools and at the possible solutions to pretrial release while still doing away with monetary bail.

Robert Sanger is a Certified Criminal Law Specialist and has been practicing as a criminal defense lawyer in Santa Barbara for 45 years. He is a partner in the firm of Sanger Swysen & Dunkle and Professor of Law and Forensic Science at the Santa Barbara and Ventura Colleges of Law. Mr. Sanger is Past President of California Attorneys for Criminal Justice (CACJ), the statewide criminal defense lawyers’ organization, and a Director of Death Penalty Focus. Mr. Sanger is also an elected Member of the American Academy of Forensic Sciences (AAFS) and an Associate Member of the Council of Forensic Science Educators (COFSE).

December 2018 23

THE OTHER BAR NOTICE

Meets at noon on the first and third Tuesdays of the month at 330 E. Carrillo St. We are a state-wide network of recovering lawyers and judges dedicated to assisting others within the profession who have problems with alcohol or substance abuse. We protect anonymity. To contact a local member go to http://www.otherbar.org and choose Santa Barbara in “Meetings” menu.

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FRANK W. NEMECEK* JONATHAN B. COLE* MICHAEL MCCARTHY*

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The opinions expressed here are his own and do not necessarily reflect those of the organizations with which he is associated. ©Robert M. Sanger.

enDnotes 1 Penal Code §1320.34. 2 Typically, new legislation is proposed

January through March of each year, when it is sent to committee and, if reported out, may be sent to the floor of the Senate or Assembly. Modifications are made, and sometimes new bills are introduced late in the legislative season, however, it seems likely that proposed amendments to SB 10 will be offered in the first three months or so of 2019.

3 Penal Code Section 1320.23. 4 Section 5 of SB 10, uncodified. 5 Penal Code §1320.7(f): “‘Pretrial risk

assessment’ means an assessment con-ducted by Pretrial Assessment Services with the use of a validated risk assess-ment tool, designed to provide informa-tion about the risk of a person’s failure to appear in court as required or the risk to public safety due to the commission of a new criminal offense if the person is released before adjudication of his or her current criminal offense.”

6 Steven Spielberg, Director, “Minority Report (2002).”

7 Mathews v. Eldridge, 424 U.S. 319, 344 (1976).

8 United States v. Salerno, 481 U.S. 739, 750 (1987).

9 City of Riverside v. McLaughlin, 500 U.S. 44, 53 (1991).

10 In re Pipinos, 33 Cal.3d 189, 193 (1982); see also, In re Podesto, 15 Cal.3d 921, 937–938 (1976).

11 Anatole France, The Red Lily, Chapter VII (1894).

Criminal Justice


Feature

Wynne, continued from page 16

McCrory, continued from page 11

off at the local youth facility. After she and her mother’s boyfriend fought, I listened while she vented. She ran away after I dropped her off one evening, and she ended up at the local youth facility for several days. I did not know why she had not confided in me during our outing, but I began to understand that she needed me more than she let on, and more than I knew. She tells me now that she watched me, to see if I would continue to show up. She says she was always watching.

When my Little was 14, she wanted to get her first job at a restaurant in the courtyard near her home, near where I worked. I took out the loose change jar and taught her how to count money, and we conducted a practice interview. I appealed to the proprietors of the restaurant, asking them to interview my Little, on the condition that they only hire her on her merits. She landed the job and maintained it through high school, continuing on to support herself through Santa Barbara City College and its nursing program.

Sometimes we saw each other every week or several times a week, depending. Other times, as teens do, she would stand me up and not return my calls for many weeks. I gave her space and let her know I would always be there for her. When we were together, I was completely present for her.

Years into our relationship, I realized that although this beautiful child had two parents, she still needed a caring and influential outside person, as a constant friend, confidante, and mentor, to encourage her to accomplish her dreams. Sometimes small influences and encouragements make big impacts. I don’t take any credit for her accomplishments, but she does regularly tell me that I did make a big impact and I changed her life. She changed my life, too.

After my Little graduated from the nursing program, she landed her dream job at Cottage Hospital in the labor and delivery unit, where she still works today. She has since married and has a child of her own, who is my god-daughter. My Little and her bridal party prepared for the wedding at my home. I also hosted her baby shower and her daughter’s birthday parties with bouncy houses.

My Little and I ran a half marathon together for her 30th birthday. We share books, go to the Farmers’ Market and cook together, and celebrate birthdays in August with our annual birthday lunch at Louie’s. We take vacations together, do art projects, and see the annual Nutcracker ballet. I attend my god-daughter’s birthdays, school events, and ballet performances. My Little and her extended family have become my extended family.

My Little tells me that I was a good example for her, as a friend, a student, a professional, and a mother. With all the other people coming and going in her life, my Little tells me my consistency made all the difference. I tell her she is one of my most precious blessings.

You have the power to change the life of a child, for the better, forever. Big Brothers Big Sisters are community leaders, professionals, college students, military personnel, retirees, married couples, and other caring adults. You can play sports with your Little, go on a hike, read a book, cre-ate art or visit a museum, or enjoy a pizza and a game. A few simple low-cost activities, along with your consistent friendship, is all it takes!

There are 50 children in Santa Barbara County waiting for a Big, 30 needing a Big Brother, and 20 needing a Big Sister. With a one-hour-a-week commitment, you will make a dif-ference for a child. You may even make a friend for life.

Rosaleen Wynne has worked since 2005 in varying capacities in the areas of estate planning, probate, and trust administration. Enthusiastic about mentoring children in the Santa Barbara com-munity, she has volunteered for over 20 years with Big Brothers-Big Sisters Program with the Family Service Agency and with Court Appointed Special Advocates (CASA). She has also volunteered with the Dependency Court, the Family Law Facilitator, and Legal Aid Foundation’s domestic violence clinic. She can be reached at [email protected], or (805/966-1204).

whether family repair is indeed possible. The reality is, court-ordered treatment can, and does,

work, especially when the entire family participates in the reunification process. Parent-child relationships are not cre-ated in a vacuum, so why should they be treated in one? Children are often heavily influenced by the parent who is NOT ordered to participate in therapy; and yet, they are (with few exceptions) an important, if not necessary part of the solution. When courts, legal adversaries, and families in crisis embrace this, positive outcomes can become the rule rather than the exception.

Stacy McCrory, MFT is a licensed Marriage & Family Therapist, Collaborative Divorce Practitioner, Certified Divorce Mediator, and peacemaker, helping families reduce conflict and minimize the negative effects of separation and divorce for nearly 14 years. She is a co-parenting specialist, parent educator, and child advocate teaching high-conflict families how to put their children first. She has become well-versed in assessing and treat-ing parent-child contact problems, including parental alienation, justified rejection, and estrangement.

December 2018 25

Celebrating ThreeDecades of ServiceCivil, Family & Probate

Dispute Resolution


Local News

James F. Cote, se-nior attorney at the Law Offices of James F. Cote, has been cer-tified as a specialist in estate planning, trust, and probate law by The State Bar of Cali-fornia Board of Legal Specialization. He will continue to provide legal services in these areas with the able as-sistance of his associ-ates, Rosaleen Wynne and Connor C. Cote.

* * *

These donations arose out of an October 2016 settlement that Mr. Curtis reached with Shell Oil based on false ad-vertising claims related to a “ski free” promotion at Shell Oil gas stations in the Western United States and Michigan. These recipients were chosen because of their devotion to fighting false advertising and consumer fraud.

* * *

Taylor Fuller, an as-sociate attorney with the Law Office of Renee M. Fairbanks, has been named to the Board of Directors for Santa Bar-bara Women Lawyers.

Born and raised in San-ta Barbara County, Fuller earned her law degree last year from the Santa Barbara College of Law. Fuller became a licensed attorney in California earlier this year and joined the Law Office of Renee M. Fairbanks in June. She has nearly two years of experience previously as a legal assistant.

Santa Barbara Women Lawyers was founded in 1988 when Santa Barbara County was one of the only counties in Califor-nia without a women’s bar organization. The organization’s mission and goals include promoting gender and professional equality; promoting the interests of women lawyers in Santa Barbara; promoting education programs; advocating for an increase in women being appointed as judges; and serving the community as a whole by encouraging pro-bono services for women in crisis and/or in need of legal services.

The Law Office of Renee M. Fairbanks serves clients in the Tri-Counties in all aspects of family law, including legal sepa-rations, divorce, custody, spousal support, property division, and domestic partnership proceedings throughout the Central Coast. Fairbanks, the firm’s owner and principal attorney, is a Certified Family Law Specialist who also specializes in pre-marital agreements, marital settlement agreements, and modification of judgments.

* * *

Seed Mackall LLP is pleased to announce Elan Shpigel has joined the firm as an associate effective October 1, 2018. Mr. Shpigel has previously worked as an associate at Greenberg Traurig, LLP and Jackson Lewis P.C. in Chicago.

On September 28, 2018, Robert Curtis of Foley Bezek Behle & Curtis LLP distributed almost $600,000 in do-nations to two organizations: the AARP Foundation and the Better Business Bureau of Central California Founda-tion. Each organization was presented with a check for $287,771.50 at a ceremony at the Santa Barbara Courthouse.

December 2018 27

GRANT REQUESTSThe Santa Barbara County Bar Association pro-vides grants to projects that further its Mission Statement (please see page 4). Priority is given to requests where the funds will be used for the benefit of SBCBA members or for the benefit of individuals within Santa Barbara County.

Requests for grants shall be made in writing ad-dressed to the SBCBA (15 W. Carrillo Street, #106, Santa Barbara CA, 93101) and include the follow-ing information:

Name of RequestorTotal Amount of Request

Reason for RequestDescription of exactly how the requested funds will be used and whether said request is time-

sensitive.

Local News

Mr. Shpigel received a Bachelor of Arts de-gree in Government and Policy (magna cum laude) and a Master of Public Policy degree from the University of Maryland. He graduated cum laude from Northwestern Uni-versity School of Law where he served as the Associate Editor of the Journal of Law and Social Policy.

Mr. Shpigel’s practice focuses on assisting management in labor and employment matters, as well as general commercial litigation.

* * *

The Santa Barbara Courthouse Legacy Foundation (CLF), is proud to announce that the “Mural Room Conserva-tion Project” was one of only six projects statewide to receive the 2018 Governor’s Historic Preservation Award, which honors preservation projects representing exemplary achieve-ments of preserving California’s richly diverse heritage. The Governor’s Historic Preservation Awards Program emphasizes involvement by community groups and recognizes a broad array of preservation activities.

Representatives from the CLF and Santa Barbara County received the award from Governor Jerry Brown during an an-nual ceremony and reception on November 1st in Sacramento.

The Courthouse Legacy Foundation’s next planned project is to restore the entry to the Grand Arch, which spans the passageway between Anacapa Street and the Sunken Gardens.

* * *

The Kiwanis of Santa Barbara recently hosted a luncheon in honor of the Council on Alcoholism and Drug Abuse (CADA) Teen Court. Retired attorney Marvin Bauer was selected to receive the “Justice Award,” and Bruce Anticouni was selected to receive the “Sidney Smith Award” for their participation on the Teen Court Bench.

SBCBA President Jeff Chambliss was recognized by CADA with the “Greg Hackethal Award” for his 18 years of service on the Teen Court Bench. Founder of Teen Court Judge Thomas Adams gave closing remarks for the event.

If you have news to report - e.g. a new practice, a new hire or

promotion, an appointment, upcoming projects/initiatives by local associations, an upcoming event, engagement, marriage, a birth in the family, etc… - The Santa Barbara Lawyer editorial board invites you to “Make a Motion!”. Send one to two paragraphs for consideration by the editorial deadline to our Motions editor, Mike Pasternak at [email protected]. If you submit an ac-companying photograph, please ensure that the JPEG or TIFF file has a minimum resolution of 300 dpi. Please note that the Santa Barbara Lawyer editorial board retains discretion to publish or not publish any submission as well as to edit submissions for content, length, and/or clarity.


SBCBA hosted a Live Scan Fingerprinting & Ice Cream Social at the beautiful Santa Barbara Superior Courthouse Sunken Gardens

SBCBA

Stephen Dunkle, Miguel Avila, Team McConnell’s, Jeff Chambliss, Elizabeth Diaz

Kathleen Weinheimer with Janie Foley of A-1 Fingerprinting Jana Johnston with the A-1 Fingerprinting team

December 2018 29

SBCBA

Donna Lewis and Tom Hinshaw with the Law Copy Fingerprinting team

Jim Cote with Caroline Alarcon of Reliant NotaryJenn Duffy, Matt Moore, Linda Khachek, Clark Lammers, Jessica Burns

Mike Denver


2019 Membership Application

Member Name: _____________________________________________________________________________________

Check here if you do not want your name and office address disclosed to any buyer of Bar Assoc. mailing labels.

Check here if membership information is the same as last year. If so, the rest of the form may be left blank.

Check here if you do not want your e-mail address disclosed to SBCBA sponsors.

Office Address: _____________________________________________________________________________________

__________________________________________________________________________________________________

City: ________________________________________________ State: _________ Zip: ___________________

E-Mail Address: _____________________________________________________________________________________

Phone Number: ________________________________________ Fax Number: ____________________________

Home Address: _____________________________________________________________________________________

City: ________________________________________________ State: _________ Zip: ___________________

State Bar #: ___________________________________________ Year Admitted to Bar: _____________________

Your member dues include a subscription to Santa Barbara Lawyer and the e-Newsletter.

SCHEDULE OF DUES FOR 2019 Active Members $130

Student Members $30

New Admittees (First Year Attorneys Only) $00

Affiliate Members (non-Attorney members only) $65

Non-Profit $65

Inactive/Retired $65

Total amount enclosed $______.__

AREAS OF INTEREST OR PRACTICE (check box as applicable) ADR Estate Planning/Probate

Civil Litigation Family Law

Criminal In-House Counsel & Corporate Law

Debtor/Creditor Intellectual Property/Tech. Business

Elder Law Real Property/Land Use

Employment Law Taxation

Mail completed form along with check to: Santa Barbara County Bar Association, 15 West Carrillo Street, Suite 106, Santa Barbara, Ca 93101 Tel: (805)569-5511

$90

$00

$45

$______.__

$______.__

December 2018 31

Mediation ServiceSR.A. Carrington, Esq. and Victoria Lindenauer, Esq.

Contact R.A.:(805) 565-1487

[email protected]

Contact Victoria: (805) 730-1959

[email protected]

www.californianeutrals.org/ra-carrington www.lindenauermediation.com

1

Serving Los Angeles, Orange, Ventura, Santa Barbara, San Luis Obispo, and Kern Counties

1

Mr. Carrington and Ms. Lindenauer have conducted over 3,000 mediations, 300 arbitrations and have been discovery referees in multiple complex matters. Mr. Carrington (ABOTA Member) has been a full-time mediator since 1999 and Ms. Lindenauer has been mediating since 2011. Their professional association as of 2017 reflects their jointly held commitment to the values of tenacity, creativity, and the highest ethical standards applied to the resolution of every dispute.


8:15 AM

– 9:00 AM

Registration and B

reakfast.

Location: Santa B

arbara Club

1105 Chapala Street, Santa B

arbara, CA

93101

Joint Session 9:00 A

M to 10 A

M

1 hour MC

LE

C

ompetence Issues

Substance Abuse P

erspective

William

Makler

B

reakout Session 1 10:05 A

M to 11:05 A

M

1 hour MC

LE

City of Santa B

arbara Perspective

Tava O

strenger, Esq. – Santa B

arbara City A

ttorney

Cannabis L

aws in Santa B

arbara - Regulation, licensing, com

pliance, im

plementation, and com

parisons to other Counties.

Fam

ily Law

Perspective

Renee Fairbanks, E

sq. - Law

Office of R

enee M. Fairbanks

Child custody aspects and problem

s determining cash flow

in cannabis business

8:15 AM

to 2:00 PM

Legal Services &

Technology E

xhibits

B

reakout Session 2 11:10 A

M to 12:10 A

M

1 hour MC

LE

Insurance Perspective

Brian M

arblestone, CL

CS – Stratton A

gency Risk M

anagement

History of cannabis in C

alifornia, overview of license types, types of

insurance polices available, OSH

A com

pliance, written safety plans, safety

training, and human resources

Em

ployment L

aw P

erspective

Jennifer Gillon D

uffy, Esq - Fell, M

arking, Abkin, M

ontgomery, G

ranet &

Raney L

LP and D

avid Secrest, Esq – L

aw O

ffices of David S. Secrest

Hiring, inside the w

orkplace, and drug testing

12:15 PM to 12:45 PM

L

uncheon Buffet

Joint Session

12:45 PM to 1:45 PM

1 hour M

CL

E

Keynote P

resentation: First D

istrict Supervisor, Das W

illiams

B

reakout Session 3 1:50 PM

to 2:50 PM

1 hour MC

LE

Business P

erspective

Hilary B

ricken, Esq. – H

arris / Bricken

Corporate Structure and C

ontracts Related to C

annabis Businesses

Land U

se Perspective

Am

y Steinfeld, Esq. - B

rownstein H

yatt Farber Schreck, LL

P

Land U

se Permitting of C

annabis Operations on the C

entral Coast

Joint Session

2:55 PM to 3:55 PM

1 hour M

CL

E

Judicial P

anel: Moderated by Santa B

arbara Superior Court Judge P

atricia Kelly

2019BenchandBarConferenceJanuary26,2019attheSantaBarbaraClub

Schedule

December 2018 33


Parr, continued from page 10

Classifieds

OFFICE SPACE AVAILABLEPrivate downtown office available for sole practitioner. Spacious private office (appx 16’ x 18’) in historic building on Chapala Street between Micheltorena and Sola. Share reception area with two other attorneys. Interested parties please contact [email protected].

OFFICE SPACE AVAILABLE2nd floor offices available for sub-lease in historic building, downtown Santa Barbara. Approx. 451 sq. ft. Offices are adjoining with separate French door entrances. If interested, contact Tabatha - [email protected].

HAGER & DOWLING, LLP SEEKS ASSOCIATE ATTORNEY & TRIAL ATTORNEY Highly respected Santa Barbara civil litigation law firm, seeks an experienced litigation attorney with knowledge of and experience in insurance law, as well as an associate attorney. Candidate must have excellent verbal and writing skills, enjoy litigation, and bring a strong team work ethic.

Competitive benefits include health and dental insurance, free parking, and a 401k plan. Respond with resume, cover letter, and references to [email protected].

SEEKING ATTORNEYSSnyder Burnett Egerer, L.L.P.

Santa Barbara, CA

Snyder Burnett Egerer, LLP seeks attorneys with 1-3 years of experience. Newly-hired attorneys will become immediately involved in all aspects of a busy civil trial practice, including written discovery and depositions, court appearances, motion, trial preparation, and trial. Candidates must possess excellent organization, verbal, analytical, and interpersonal skills and have an upbeat approach to their law practice and life. Experience working in a collaborative environment with a demonstrated ability to handle multiple responsibilities is encouraged. Candi-dates must either already be admitted to the California State Bar or awaiting results from the July 2018 exam.

Submit resume, cover letter, and references to:Lynette Baker

Snyder Burnett Egerer, L.L.P.5383 Hollister Avenue, Suite 240

Santa Barbara, CA [email protected]

Visit our website: http://www.snyderlaw.com

rowing should be analyzed. How much credit card debt is a business carrying, and what is the cost of that debt each month? Does the business carry high interest loans? Developing a strategy for paying down or refinancing debt can free up the dollars to put into an emergency fund each month, and both of these actions will again help a business owner to sleep easier at night.

And, finally, a word or two about insurance. It can be tempting to overlook the importance of business insurance, given the perceived complexity and cost. A competent in-surance agent should be able to point you in the direction of one of several comprehensive small business insurance plans on the market that will not break the bank, and that will give a business owner peace of mind. Let us all continue to help foster a culture of preparedness in these unpredictable times.

Nicki Parr joined Women’s Economic Ventures as a Business Recovery Specialist in April 2018, in the aftermath of the Thomas Fire/Debris Flow. Originally from England, Nicki qualified as a Chartered Accountant with PwC, specializing in forensic ac-counting and fraud risk management. She brings over 20 years’ experience in business finance and operations, working with small businesses, and both private and public companies. Nicki has also worked with several local non-profits as a board trustee, grant-writer, and program volunteer, and holds a Master’s degree in Somatic Psychology.

December 2018 35

2018 SBCBA SECTION HEADS

Alternative Dispute ResolutionDr. Penny Clemmons [email protected] Bench & Bar Relations:Larry Conlan [email protected] Civil LitigationMark Coffin [email protected]

CriminalCatherine Swysen 962-4887 [email protected]

Debtor/CreditorCarissa Horowitz [email protected]

Employment LawAlex Craigie [email protected]

Estate Planning/ProbateConnor Cote [email protected]

Family LawMatthew Long 254-4878 [email protected] In House Counsel/Corporate LawBetty L. Jeppesen 450-1789 [email protected]

Intellectual PropertyChristine Kopitzke [email protected]

Mandatory Fee ArbitrationEric Berg [email protected] Kirker Wright [email protected] Dewey [email protected]

Real Property/Land UseJosh Rabinowitz [email protected] Stone [email protected]

TaxationPeter Muzinich 966-2440 [email protected] Brittain [email protected]

For information on upcoming MCLE events, visit SBCBA at http://www.sblaw.org//

High quality, executive office space available for sublease in a historic building in downtown Santa Barbara, two blocks from the Courthouse. Individual offices and suites available offering

natural light and adjoining secretarial/assistant space. This building offers shared use of all amenities including live receptionist, three conference rooms, kitchenette, and copy room featuring a high speed color copier with fax and scan capabilities. Please contact

Jeanette Hudgens, 805 962-9495, with inquires.

OFFICE SPACE FOR SUBLEASE

AV Preeminent Rating(5 out of 5)

AVVO Rated ‘Superb’(10 out of 10)

BONGIOVI MEDIATIONMediating Solutions since 1998

“There is no better

ambassador for the

value of mediation than

Henry Bongiovi.”

HENRY J. BONGIOVI

Mediator • Arbitrator • Discovery Referee

Conducting Mediationsthroughout California

805.564.2115www.henrybongiovi.com


The Santa Barbara County Bar Association15 W. Carrillo St., Suite 106Santa Barbara, CA 93101

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Santa Barbara Lawyer

• #2 Berkshire Hathaway Agent in the Nation• Wall Street Journal “Top 100” Agents Nationwide

(out of over 1.3 million)

• Graduate of UCLA School of Law and former attorney• An expert in the luxury home market

• Alumnus of Cate and UCSB

Remember — it costs no more to work with the best (but it can cost you plenty if you don’t!)

Each year, Dan spends over $250,000 to market and

advertise his listings. He has sold over $1.4 Billion in Local

Real Estate.

“The Real Estate Guy”Call: (805) 565-4896

Email: [email protected]: www.DanEncell.com

BRE #00976141

Daniel Encell

• Montecito • Santa Barbara • Hope Ranch • Beach •

Santa Barbara Lawyer - sblaw.org · Real Estate Broker with my own company for over 24 years.”...

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