June
29,
2007

A report on where
things
stand



Aug. 22 Preliminary Hearing Set for Lawyer Accused of Bilking Clients...First District Court of Appeal Justice Joanne Parrilli to Retire Next Month... Superior Court Judges Lyman and Smaltz Slate Summer Retirements



Judges, Lawyers Under Scrutiny

Mervyn H. Wolf
Encino Attorney

Wolf, a lawyer for 40 years, faces an Aug. 22 preliminary hearing on charges of embezzling more than $300,000 from his clients.

Wolf is accused of having taken settlement funds from his clients in six personal injury, workersí compensation, and wrongful termination cases between June 2003 and June 2004. He allegedly deposited settlement checks into his clientsí 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 yearsí 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 clientís 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.

 

There is one vacancy on the court.

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 districtís Court of Appeal May 22.




There are no vacancies.


First District

Justice Joanne Parrilli is retiring July 31.

Seats in other districts are filled.

Los Angeles Superior Court


There are five vacancies.

Judge Bernard Kamins retired May 15, Judge Jon Mayeda May 30, and Judge James Bascue June 1, and there are two new positions created by SB 56, which authorized 50 new judgeships statewide as of June 1.

Judge Richard Lyman is retiring July 9, as is Judge Richard Neidorf, whose retirement date was originally announced as May 9. Judge Lois Anderson Smaltz is retiring Aug. 1.

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 Jeffrey Gootman, Karla Kerlin, Ricardo Ocampo, and Laura Laesecke; Commissioners Victor Greenberg, Amy Pellman, Maren Nelson, Dennis Mulcahy, Harvey Silberman, Ronald Rose, Marilyn Kading Martinez, Mary Lou Katz Byrne, Melissa Widdifield, 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 James Copelan, and Gerald Richardson are on long-term medical leave.


Legislation of Interest to the Legal Community

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

AB 104, by Assemblyman Jose Solorio, D-Anaheim, which, as amended, 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 or drug activity. The bill, which passed the Assembly last month by a vote of 73-0, passed the Senate Public Safety Committee June 19 by a vote of 5-0.

AB 159 , by Assemblyman David Jones, D-Sacramento, which, as amended, would create an unspecified number of new superior court judgeships and an unspecified number of Court of Appeal judgeships, subject to appropriations, and convert 162 commissioner and referee positions into judgeships over time, with no more than 16 such positions to be converted in any one year. The bill passed the Assembly Appropriations Committee June 4 by a vote of 13-4 and was amended in the Senate June 21.

AB 160, by Assemblywoman Sally Lieber, D-Mountain View, which would express legislative intent to establish a Sentencing Commission to develop a new sentencing structure for criminal courts. The bill passed the Assembly June 6 by a vote of 43-36 and was referred to the Senate Committee on Public Safety June 21.

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 prosecutorís office, child support agency, or public defender's office; the expanded program would add those working for a legal services agency or a county counselís office. The bill, which passed the Assembly in April by a vote of 44-30, passed the Senate Education Committee June 20 by a vote of 6-2 and is to be heard by the Senate Appropriations Committee July 2.

AB 268, by Assemblyman Charles Calderon, D-Industry, which would expand the circumstances under which a witness is deemed unavailable for purposes of establishing an exception to the hearsay rule. The bill passed the Assembly June 5 by a vote of 77-0 and was sent to the Senate, where a Judiciary Committee hearing scheduled for June 26 was postponed.

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 passed the Assembly June 4 by a vote of 78-0, passed the Senate Public Safety Committee June 26 by a vote of 5-0, and is scheduled for hearing in the Senate Appropriations Committee July 9.

AB 357, by Assemblyman Tony Mendoza, D-Norwalk, 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, which passed the Assembly April 26 by a vote of 74-0, was referred on May 9 to the Senate Committee on Elections, Reapportionment, and Constitutional Amendments, where a hearing scheduled for June 20 was postponed.

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, which passed the Assembly May 21 by a vote of 76-0, was approved by the Senate Judiciary Committee June 19 by a vote of 5-0, and was amended in the Senate June 25.

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. After the bill was amended to provide that its provisions are inapplicable to criminal proceedings, it was approved by the Assembly May 21 by a vote of 72-0 and was approved by the Senate Judiciary Committee June 26 by a vote of 5-0.

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, which passed the Assembly May 10 by a vote of 73-1, was approved by the Senate Public Safety Committee June 19 by a vote of 3-1.

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, which passed the Assembly May 3 by a vote of 73-0, passed the Senate Judiciary Committee by a vote of 5-0 June 19.

AB 553, by Assemblyman Edward Hernandez, D-West Covina, which would give the Public Employment Relations Board exclusive authority to seek injunctive relief in the event of a job action by state employees. The bill passed the Assembly June 5 by a vote of 46-32, and passed the Senate Committee on Public Employees and Retirement June 26 by a vote of 3-2.

AB 859, by Assemblyman George Plescia, R-San Diego, which, as amended April 16, would permit substituted service at a defendantís residence between the hours of 8 a.m. and 8 p.m. The bill, which passed the Assembly April 19 by a vote of 73-0, and passed the Senate with amendments May 31 by a vote of 39-0, was signed by the governor June 22 after the Assembly approved the Senate amendments.

AB 860, by Assemblywoman Mary Salas, D-Chula Vista, which, as amended, would eliminate the right to trial by jury on prior-conviction allegations in some criminal cases. The bill, which passed the Assembly May 24 by a vote of 41-26, was set to be heard by the Senate Public Safety Committee on June 13 but the hearing was postponed until July 10.

AB 863, by Assemblyman Mike Davis, D-Los Angeles, which would make certain raises received by Los Angeles Superior Court employees on Oct. 1, 2005 retroactive to Aug. 1 of that year. The bill, which passed the Assembly May 23 by a vote of 42-31, passed the Senate Judiciary Committee June 19 by a vote of 3-2.

AB 985, by Assemblyman Lori Saldana, D-San Diego, which would grant the Court of Appeal jurisdiction to hear certain writ matters in environmental cases and establish venue for such matters. The bill failed in the Assembly June 4 by a vote of 30-36, but reconsideration was subsequently granted and the bill was sent to the inactive file.

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, which passed the Assembly May 17 by a vote of 44-32, passed the Senate Judiciary Committee June 26 by a vote of 3-2.

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, which passed the Assembly May 29 by a vote of 77-0, was referred to the Senate Committee on Elections, Reapportionment, and Constitutional Amend­ments June 7.

AB 1126, by Assemblyman Mike Eng, D-El Monte, which would expedite discovery in unlawful detainer cases. The bill, which passed the Assembly May 3 by a vote of 70-0, passed the Senate Judiciary Committee June 19 by a vote of 5-0 and is set for hearing in the Senate Appropriations Committee July 2.

AB 1211, by Assemblyman Curren Price Jr., D-Inglewood, which would clarify responsibility for the payment of deposition costs in civil actions. The bill, which was approved in the Assembly April 26 by a vote of 74-0, and the Senate May 31 by a vote of 39-0, was set to be voted on yesterday with regard to Assembly concurrence in Senate amendments.

AB 1248, by Assemblywoman Noreen Evans, D-Santa Rosa, which would make various changes with regard to civil procedure, court fees, and funding. An amended version of the bill passed the Assembly June 4 by a vote of 77-1, and the bill was amended in the Senate June 19 and sent to the Judiciary Committee, where a hearing scheduled for June 25 was postpone.

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 ìfast-trackî rules, that a summons and complaint be served in less than 90 days. The amended version of the bill, which passed the Assembly May 10 by a vote of 72-0, was amended in the Senate June 20 and sent to the Judiciary Committee June 27.

AB 1539, by Assemblyman Paul Krekorian, D-Burbank, which, as amended, would extend procedures for humanitarian release, currently limited to certain prisoners with terminal illnesses, to those who are permanently medically
incapacitated and whose release is deemed not to threaten public safety. The bill passed the Assembly June 7 by a vote of 41-35 and was assigned to the Senate Public Safety Committee June 21.

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. The bill was reinstated from the Assembly inactive file June 5.

AB 1660, by Assemblyman Doug LaMalfa, R-Redding, which, as amended, would allow a victim or a designated victimís representative to be present at all criminal proceedings open to the general public. The bill passed the Assembly June 7 by a vote of 63-11 and was referred to the Senate Public Safety Committee June 21.

AB 1723, by the Assembly Judiciary Committee, a State Bar proposal that would establish specific requirements for attorneys establishing accounts under the Interest on Lawyers Trust Accounts program and for banks offering such accounts. The bill, which passed the Assembly May 14 by a vote of 65-7, passed the Senate Judiciary Committee June 27 by a vote of 3-2 after being amended in the Senate June 13.

SB 11, by Sen. Carol Migden, D-San Francisco, which would eliminate the limitation of domestic partnerships to same-sex couples and couples in which one of the parties is over the age of 62 years and receiving Social Security benefits. The bill passed the Senate June 4 by a vote of 23-15.

SB 39 , by Migden, which would broaden public access to case files of children who are dependent or are wards of the juvenile court when those children have died as a result of abuse and neglect. The bill, which passed the Senate May 17 by a vote of 38-0, was amended in the Assembly June 27 and referred to the Committee on Human Services.

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 Senate June 6 by a vote of 24-15 and was referred to the Assembly Committee on Public Safety June 11.

SB 241, by Sen. Sheila Kuehl, D-Encino, which, as amended, would allow a court, where the parents of a ward or minor conservatee, or the estate, lack the ability to pay the fees of appointed counsel, to order payment of all or part of those fees by the county or to appoint the public defender to furnish such representation. The bill, which passed the Senate June 4 by a vote of 27-10, was amended in the Assembly June 27.

SB 271, by Sen. Gil Cedillo, D-Los Angeles, which, as amended, would permit district attorneys and city attorneys, regardless of cityís population, to sue for damages where a nuisance is created by gang activity. The bill, which passed the Senate April 16 by a vote of 36-0, passed the Assembly June 25 by a vote of 77-0.

SB 353, by Kuehl, which would allow a court, when issuing a domestic violence restraining order, to determine the right to custody of household pets. The bill, which passed the Senate May 10 by a vote of 31-7, passed the Assembly Judiciary Committee June 27 by a vote of 15-1.

SB 376, by Migden, which would allow the San Francisco city attorney to bring unfair competition actions on behalf of the general public. The bill, which passed the Senate May 9 by a vote of 22-15, passed the Assembly June 21 by a vote of 44-31 and was sent to the governor.

SB 559, by Sen. Christine Kehoe, D-San Diego, which would protect property from full value reassessment due to the death of the surviving ownerís domestic partner prior to 2006. Such protection already exists where the partner died on or after Jan. 1, 2006. The bill passed the Senate June 4 by a vote of 24-13 and was amended in the Assembly June 25.

SB 639, by Sen. Tom Harman, R-Costa Mesa, which would amend existing provisions with respect to enforcement of foreign money judgments. The bill, which passed the Senate May 17 by a vote of 38-0, was amended in the Assembly June 5, and a Judiciary Committee hearing scheduled for June 19 was postponed.

SB 686, by Sen. Ellen Corbett, D-San Leandro, which, as amended, would authorize the State Bar to levy dues for 2008 at the current rate, and would authorize an additional fee of $10 per member per year from 2008 through 2010 to upgrade the State Barís computers, while deleting the authorization for a $10 annual fee for construction or leasing of the State Bar headquarters. The bill, which passed the Senate May 24 by a vote of 31-4, was amended in the Assembly June 13 to delete a provision that would have granted a rebate of building fund collections for 2007.



 

 

 


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