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April
30,
2007

A report on where
things
stand



Judge Victor Person Retiring to Join ARC...Judges Kamins and Mayeda to Retire Next Month...Bill to Create New Judgeships Sent to Assembly Suspense File



Judges, Lawyers Under Scrutiny

Mervyn H. Wolf
Encino Attorney

Wolf, a lawyer for 40 years, faces a June 12 court date for the setting of a preliminary hearing on charges of embezzling more than $300,000 from his clients. The appearance has been continued many times, most recently from April 26.

Wolf is accused of having taken settlement funds from his clients in six personal injury, workers' compensation, and wrongful termination cases between June 2003 and June 2004. He allegedly deposited settlement checks into his clients' trust accounts, and then embezzled the funds.

Wolf was placed on involuntary inactive status by the State Bar Court July 10 and faces discipline in connection with several matters. He has had extensive contacts with the disciplinary system, having been placed on three years' probation in 1995 for misconduct in three matters, suspended 45 days in 1998 for failing to comply with a condition of the earlier probation, placed on inactive status for a month in 2002 for failure to comply with MCLE requirements, and served a month on suspension in 2004 for nonpayment of bar dues.

He is also the subject of a $25,000 sanctions award-much of which remains unpaid, opposing counsel told the MetNews-for failing to disclose a prior settlement with a joint tortfeasor that should have been credited towards his client's recovery in a personal injury case.

 

Judiciary: Vacancies, Appointments




Ninth U.S. Circuit Court of Appeals

There is one vacancy on the court, created when Judge Stephen S. Trott took senior status Dec. 31, 2004.

Otis D. Wright II was confirmed on March 16 and George H. Wu on March 27 as the court's newest judges. Wright was nominated Sept. 5 of last year to succeed Judge Gary Taylor, who took senior status Dec. 8, 2004 and retired to become a private judge with JAMS on June 30, 2005. Wu was nominated to the court the same day as Wright, in anticipation of Judge Ronald S.W. Lew taking senior status, which he did on September 19.

One vacancy remains to be filled.

Orange Superior Court Judge James E. Rogan, a former congressman and Commerce Department official, was nominated Nov. 15 to succeed Judge Nora Manella, who resigned to become a justice of this district's Court of Appeal May 22.




There are no vacancies.


Seats in all districts are filled.

Los Angeles Superior Court


There are five vacancies on the court.

Judges Judson Morris Jr. and David M. Schacter retired Feb. 20, and Judges Philip Gutierrez, George Wu, and Otis Wright recently joined the federal bench.

Judge Samantha Jessner, a former U.S. attorney, took up her first permanent assignment April 25 in Downey.

Judge Victor H. Person is retiring tomorrow to become a private judge with Alternative Resolution Centers. Judge Bernard Kamins is retiring May 15 and Judge Jon Mayeda May 30.

Among those whose names have gone to the State Bar Commission on Judicial Nominees Evaluation as possible appointees to the court are Assistant U.S. Attorney David P. Vaughn, criminal defense specialist Steven Cron of Santa Monica; Los Angeles Deputy City Attorneys Richard Kraft and Edward J. Perez; state Deputy Attorney General E. Eugene Varanini IV; Deputy District Attorneys Ricardo Ocampo, David Gelfound and Laura Louise Laesecke; Commissioners Mitchell Beckloff, Victor Greenberg, Amy Pellman, Maren Nelson, Dennis Mulcahy, Harvey Silberman, Graciela Freixes, Ronald Rose, Marilyn Kading Martinez, Melissa Widdifield, Mary Lou Katz and Loren DiFrank; Referee Steven Berman; U.S. District Court attorney Amy L. Lew; Irvine attorney Raymond Earl Brown; Deputy Federal Public Defender Angel Navarro; Deputy Alternate Public Defender Jerome J. Haig; Los Angeles attorneys John L. Carlton, Adrienne Krikorian, Mark A. Borenstein, Eulanda Matthews and Lawrence P. Brennan Jr.; Century City attorney Howard S. Fredman, and Westlake Village attorney Michael Nebenzahl.

Commissioners Martin L. Goestch and James Copelan are on long-term medical leave, and Commissioner Gerald Richardson is out following an illness as well.


Legislation of Interest to the Legal Community

The following bills of interest to the legal community were introduced in April:

AB 104, by Assemblyman Jose Solorio, D-Anaheim, which would require the Department of Justice and local law enforcement agencies to supply criminal history information to city attorneys for the purpose of assisting them in obtaining injunctions against gang activity. The bill was amended April 10 to make it applicable to injunctions against drug activity as well.

AB 159 , by Assemblyman David Jones, D-Sacramento, which, as amended, would create 50 new superior court judgeships and an unspecified number of Court of Appeal judgeships, subject to appropriations, and convert a maximum of 162 commissioner and referee positions into judgeships over time. The bill was approved by a vote of 10-0 in the Judiciary Committee April 10 and sent to the Appropriations Committee suspense file for possible approval later in the session, in the event that funds are available.

AB 171, by Assemblyman Jim Beall, D-San Jose, which, as amended, would create an expanded Loan Assumption Program for public interest lawyers to replace the Public Interest Attorney Loan Repayment Program, under which the state makes 3,000 grants each year to assist lawyers with repayment of their student loans. The current program is limited to attorneys who work for a prosecutor's office, child support agency, or public defender's office; the expanded program would add those working for a legal services agency or a county counsel's office. The bill was approved April 18 by an 11-5 vote of the Appropriations Committee and is scheduled for final reading on the Assembly floor today.

AB 289, by Assemblyman Todd Spitzer, R-Orange, which would allow a judge, when imposing sentence, to grant a protective order, valid for up to 10 years, barring a defendant from harassing the victims of the crime or their families. The bill was sent to the Appropriations Committee suspense file April 25.

AB 357, by Mendoza, which would allow candidates to use donated funds, not subject to campaign contribution limits, to pay attorney fees for recounts and related litigation. The bill passed the Assembly April 26 by a vote of 74-0.

AB 367, by Assemblyman Kevin De Leon, D-Los Angeles, which, as amended, would require the Judicial Council to establish standards for the collection of court-ordered fines, fees, costs, and penalties, including public defender costs and jail booking fees. The bill was amended in the Assembly April 17 and passed the Judiciary Committee April 24 by a vote of 10-0.

AB 403, by Assemblyman Van Tran, R-Costa Mesa, which would specify that an attorney cannot claim attorney-client privilege where the privilege has been waived by the holder, or by a person authorized by the holder to waive the privilege, and would provide for the appointment of a new personal representative for an estate if the previous personal representative was discharged and disclosure is sought of a communication deemed privileged in the absence of a waiver by a personal representative. The bill was amended April 16 to provide that its provisions are inapplicable to criminal proceedings, and a hearing in the Judiciary Committee is scheduled for May 8.

AB 406, by Assemblywoman Cathleen Galgiani, D-Stockton, which would require the state to reimburse all of Merced County's costs for the prosecution of Cuitlahuac Tahua Rivera, a reputed gang member charged with the murder of a Merced police officer. The bill was sent to the Appropriations Committee suspense file April 18.

AB 475, by Assemblyman Bill Emmerson, R-Rancho Cucamonga, which would give the arresting agency the right to notice and to present evidence at the hearing on a motion to destroy an arrest record. The bill was approved by unanimous vote of the Public Safety Committee April 17.

AB 481, by Tran, which, as amended April 9, would require that a tenant defending against an unlawful detainer action based on a claim that the landlord has breached legal obligations, specify the nature of the violations and declare that the tenant is prepared to immediately transmit rent. As introduced, the bill would have allowed a landlord suing in unlawful detainer to seek a deposit of prospective rent.

AB 500, by Assemblyman Ted Lieu, D-Torrance, which would establish procedures by which attorneys could appear by telephone or teleconference at any proceeding at which witnesses are not expected to testify. The bill was approved by unanimous vote of the Ap­propriations Committee April 25.

AB 692, by Assemblyman Gene Mullin, D-South San Francisco, which would require an Internet lawyer referral service that refers clients to California lawyers to register with the State Bar. The bill passed the Assembly April 26 by a vote of 74-0.

AB 737, by Assemblyman Rick Keene, R-Chico, which, as amended April 24, would keep the existing limits on small claims jurisdiction in place pending completion of a Judicial Council study, to be completed by Jan. 1, 2009. As introduced, the bill would have raised the jurisdictional limits for suits by corporations from $5,000 to $7,500, the same as for individuals, and would have allowed both individuals and corporations to file an unlimited number of claims of up to $5,000, plus two claims per year over that amount.

AB 859, by Assemblyman George Plescia, R-San Diego, which, as amended April 16, would permit substituted service at a defendant's residence between the hours of 8 a.m. and 8 p.m. The bill passed the Assembly April 19 by a vote of 73-0 and was sent to the Senate.

AB 860, by Assemblywoman Mary Salas, D-Chula Vista, which would eliminate the right to trial by jury on prior-conviction allegations in criminal cases. The bill is to be heard the Committee on Public Safety May 8.

AB 1043, by Assemblywoman Sandre Swanson, D-Oakland, which would make void and unenforceable as against public policy any provision in an employment contract that requires an employee, as a condition of obtaining or continuing employment, to use a forum other than California, or to agree to a choice of law other than California law, in any dispute with an employer regarding employment-related issues that arise in California. The bill was approved by the Committee on Labor and Employment April 18 by a vote of 6-2.

AB 1090, by Spitzer, which, as amended, would require that candidates, including judicial candidates, seeking to use a ballot designation support that designation by filling out a worksheet prescribed by the secretary of state. The bill was approved by the Elections and Redistricting Committee April 17 by a vote of 7-0 and was sent to the Appropriations Committee.

AB 1115, by Assemblywoman Sharon Runner, R-Lancaster, which would permit a rape prosecution to be initiated up to one year from the date that the perpetrator's identity is established by a DNA test. A scheduled April 10 hearing before the Committee on Public Safety was cancelled at the request of the author.

AB 1125, by Assemblywoman Laura Richardson, D-Long Beach, which would permit police officers to issue domestic violence protective orders without court approval in certain emergency situations. A scheduled hearing was postponed April 17 by the Committee on the Judiciary.

AB 1126, by Assemblyman Mike Eng, D-El Monte, which would expedite discovery in unlawful detainer cases. The bill was approved by a 10-0 vote of the Judiciary Committee April 10 and by a 15-0 vote of the Appropriations Committee April 25.

AB 1133, by Assemblyman Mervyn Dymally, D-Compton, which would provide that in "Three Strikes" cases, a third conviction that is not for a serious or violent felony would-with certain exceptions such as drug, weapons, and sex offenses- be treated as a second strike. The Public Safety Committee heard testimony on the bill April 10.

AB 1158, by Assemblyman John Benoit, R-Riverside, which, as amended, would provide for videoconferencing so that sick or infirm witnesses may testify at conditional examinations of witnesses in criminal cases. A scheduled April 10 hearing before the Committee on Public Safety was cancelled at the request of the author.

AB 1210, by Assemblywoman Shirley Horton, R-Lemon Grove, which, as amended, would amend the special provisions for admission of hearsay evidence in a prosecution under the Street Terrorism Enforcement and Prevention Act to delete the requirement that a declarant have died of other than natural causes. A hearing is scheduled in the Public Safety Committee May 8.

AB 1211, by Assemblyman Curren Price Jr., D-Inglewood, which would clarify responsibility for the payment of deposition costs in civil actions. The bill was amended in the Assembly April 18 and approved April 26 by a vote of 74-0.

AB 1248, by Evans, which would make various changes with regard to civil procedure, court fees, and funding. An amended version of the bill was approved by a 10-0 vote of the Judiciary Committee April 17.

AB 1264, by Eng, which as amended April 10, would make certain changes with regard to delay reduction rules. The amendments eliminated the original provision that would have prohibited courts from requiring, as part of local "fast-track" rules, that a summons and complaint be served in less than 90 days. The amended version of the bill passed the Judiciary Committee April 17 by a vote of 10-0.

AB 1340, by Assemblyman Dave Jones, D-Sacramento, which would place on the November 2008 general election ballot a $2 billion bond issue relative to the acquisition, design, construction, and renovation of court facilities. The bill was referred to the Judiciary Committee, where a hearing scheduled for April 24 was postponed.

AB 1557, by Assemblyman Michael Feuer, which would limit peremptory challenges to six per side in all misdemeanor cases. Current law allows 10 peremptory challenges per side in trials for offenses punishable by more than 90 days in jail. A scheduled hearing in the Judiciary Committee was postponed April 16 and the bill was re-referred to the Committee on Public Safety, where a hearing is scheduled for May 8.

AB 1660, by Assemblyman Doug LaMalfa, R-Redding, which, as amended, would allow a victim or a designated victim's representative to be present at all criminal proceedings open to the general public. The bill was referred to the Committee on Public Safety, where a hearing is scheduled May 8.

SB 110, by Sen. Gloria Romero, D-Los Angeles, which, as amended, would establish a 20-member sentencing commission chaired by the chief justice, with power to determine the sentences for infractions and crimes, subject to rejection by a two-thirds majority vote of the Legislature. The bill passed the Public Safety Committee April 10 by a vote of 3-2 and was sent to the Appropriations Committee, where a hearing is scheduled for today.


SB 256, by Sen. Elaine Alquist, D-San Jose, which would add a number of sex crimes to the list of offenses for which there is no statute of limitations. The bill was heard by the Committee on Public Safety April 17.

SB 271, by Sen. Gil Cedillo, D-Los Angeles, which, as amended, would permit district attorneys and city attorneys, regardless of city's population, to sue for damages where a nuisance is created by gang activity. The bill passed the Senate April 16 by a vote of 36-0 and was sent to the Assembly.

SB 353, by Sen. Sheila Kuehl, D-Encino, which would allow a court, when issuing a domestic violence restraining order, to determine the right to custody of household pets. Final reading of the bill is scheduled today on the Senate floor.

SB 559, by Sen. Christine Kehoe, D-San Diego, which would protect property from full value reassessment due to the death of the surviving owner's domestic partner prior to 2006. Such protection already exists where the partner died on or after Jan. 1, 2006. The bill was amended April 18.



 

 

 


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