Western San Bernardino County Bar Association

BAR BULLETIN Volume XVI Issue 9

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REMARKS FROM THE PRESIDENT’S DESK By: Diane M. Hartog

The Los Angeles Times recently reported changes being made to laws in California. In their article, online “California’s New Laws for 2016”, anyone can read up on laws that are being altered, mandated or eliminated. The article that caught my attention related to police officers and their family members. In light of recent events pertaining to the mass shooting in Orlando, the Black Lives Matter movement, and the officers gunned down in Texas, I was curious as to what precautions California is taking to prevent unnecessary loss of life. The link led me to the article with the headline “Governor OKs Temporary Gun Seizures from People Judged to be a Danger.” I was able to read about the legislation giving law enforcement and family members of a potentially dangerous person the right to seek a 21-day seizure of all firearms. This measure, AB-1014, has been met with mixed reviews. Democrats and their constituents seem to be largely on board, stating that the massacre in Isla Vista in April could very well have been prevented if only such measures had been in place beforehand. Republican representatives, however, are not so enthusiastic. NRA and Republican Charles H. Cunningham believes this to be a “the most egregious violation of civil liberties ever introduced in California Legislature”. While I do not necessarily agree with the extreme points of view on this particular measure, I do agree that due process is being violated in that the restricted person will not have a hearing prior to being restrained. The latter part of the measure, SB-199 (mandating registration on “ghost guns” or firearms assembled from pieces of other weapons) seems like a step in the right direction to preventing another tragedy like that experiences on UCLA campus this last June. Unfortunately, that measure was vetoed, as Governor Brown did not feel that measure would lead to a significant increase in public safety.

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All this talk about guns and gun control gave me pause. In a world where criminal behavior rarely follows the letter of the law, I am still uncertain as to what these measures intend to rectify. Is our government slowly chipping away at our civil liberties in an effort to impose safety? Will the restricted person still not have access to illegal firearms? When will society step in and draw the line? I am not against gun control or stricter measures in effort to prevent the tragic and unnecessary loss of human life, but it is necessary to examine all nuances of each measure put before legislation to ensure we, as a society, do not walk blindly into a trap disguised as “safety”. Be safe everyone.

Welcome New WSBCBA Members Brian D. Mitchell, Esq. - Kendall Gkikas & Mitchell, LLP Daniel Edwards - ULV - Law Student

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2016 Olympic Games By WSBCBA Director, Angelique Bonanno

In August, the world’s best athletes gathered in Rio to participate in the Games of the XXXI Olympiad. The world saw 11,000 athletes from 206 nations compete in 306 events (28 sports), all vying for one of the 2,488 coveted Olympic medals. What an amazing time to be an American. To live in the land of the free and the home of the brave is beyond a privilege. I still get chills every time one of our American athletes stands proud on top of the podium, hand over their heart singing the national anthem, while the flag of our great country proudly rises. This year the Untied States boasted 555 athletes, 263 men and 292 women. Our youngest athlete, Kanak Jha competed in table tennis and is only 16 years old. Our oldest athlete was equestrian Phillip Dutton, age 52. The Olympic Games originated in Olympia (Greece) in 776. Athens then established what we now refer to as the first Modern Olympics in 1896. Since that time, the United States has proudly hosted the Olympic Games four times; St. Louis in 1904, twice in Los Angeles in 1932 and again in 1984, and Atlanta in 1996. The original meaning of the multicolored interlinked Olympic Rings represented the five continents where athletes traveled from to partake in the sporting competitions. The interlocking rings evidence the games are intended for all nations to compete against one another in unity. The five colors, painted against the white field represents at least one color of every nation’s flag. This year the Summer Olympic Games reintroduced two sports previously ousted. Rugby was brought back after a 92 year hiatus, while golf (one of my favorites) was reintroduced after a 112 year absence. This year’s games brought with it some amazing stories. Who can forget Michael Phelps, the most decorated Olympic athlete of all time winning 6 more medals bringing his overall count to an astonishing 28, 23 of which are gold. What a thrill to watch Phelps bring home gold in not only his individual events, but also the relay. What about American swimmer Lilly King calling out Russian swimmer Yulia Efimova regarding a doping scandal, and then backing it up by winning gold as she swam lane to lane with the Russian in the 100m breast stroke. The United States women’s gymnastic team, a.k.a. “The Final Five” brought home gold in the team event with an amazing finish by Simone Biles on floor exercise. Her routine solidified the Untied States’ outstanding lead of more than 8 full points ahead of the competition. Biles, noted as the best gymnast of all time, found gold again at

the individual all around, vault, and floor exercise. American Allyson Felix brought a nail-biting end to the 4x400 relay ahead of team Jamaica, the only other team to even come close to finishing on our time table. Finally, showed the world our very own Ashton Eaton is the overall best athlete when he struck gold in the decathlon. The U.S. gold streak remained strong throughout the games. Our men took gold not only in swimming, but also wrestling, bmx, cycling, shot put, hurdles, 1500m, 400 hurdles, triple jump, and long jump. The women went lights out striking gold not only in gymnastics, but also middle weight boxing, 4x100 relay, water polo, 400 meter hurdles, wrestling, long jump, 8 team rowing, shot put, judo, road cycling, artistic gymnastics, and 10m air rifle. The U.S. saw gold for both men and women alike in the 4x400m relay as well as basketball. Then, the men and women together fought it out in an all-American battle for gold and silver in tennis mixed doubles! These games also brought many firsts. Not only was this the first Olympic games held in South America, it was the first appearance for the nations of South Sudan and Kosovo. The nation of Fiji won it’s first ever medal, gold in rugby. Kosovo, not only being it’s first appearance won it’s first medal ever as well, gold in judo. Vietnam found it’s first ever gold medal in 10 meter air pistol. Michael Phleps was the first swimmer to win four consecutive individual events. Running sensation Usain Bolt from Jamaica was the first athlete to win not only the 100m but also the 200m three times. Our very own Ibtihaj Muhammad, the 30 year old fencing sensation was the first ever olympian to compete while wearing a hijab. We also saw the first ever hole-in-one in Modern Olympic history by Justin Rose of Great Britain, who hit a 191 yard tee shot off the 4th hole to drain it in the cup. What a shot! American Kimberly Rhode was the first athlete to win an Olympic medal on 5 continents. It was the first gold medal ever for the host nation Brazil for their beloved game of soccer. We saw the first ever women’s soccer shoot out between the U.S. and Sweden. This Olympic games also saw the first ever refugee team compete. Some of the back stories of the athletes were just as amazing. Zahra Nemati from Iran was a former blackbelt in taekwondo. She was paralyzed in a 2003 car accident but nonetheless competed this year in archery from a wheelchair. Chris Mears, a diver from Great Britain won gold after being given only a 5% chance to live in 2009 from a ruptured spleen. Continued on page 3

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2016 Olympic Games Continued from page 2 He suffered a seven hour seizure, a three day coma, and was told he would never dive again. Jill Potter led the US Women’s Rugby team. Though the team did not advance, she nonetheless competed after breaking her neck at the age of 19, and overcoming cancer in 2014. Equestrian rider and two-time silver medalist William Fox-Pitt from Great Britain was in a coma just nine months ago after a bad fall during a cross-country race. This was his fifth Olympics. Perhaps the most impressive moment of the games was the sportsmanship shown by Kikki Hamblin of New Zealand and Abbey D’Agostino of the U.S. While running the 5000m race, Hamblin tripped and brought down D’Agostino. Rather than leave her fallen competetor, Hamblin helped D’Agostino finish the race. Both were awarded the prestigous Pierre de Coubertin Medal, one of only 17 ever awarded, which is bestowed by the Olympic Committee when there is a showing of true sportsmanship. While the list is impressive, it is not exhaustive. These, along with 11,000 other remarkable athletes each have their own road-to-the-Olympics story to tell. All in all, after 17 days of fierce competition at the highest level, the Games of the XXXI Olympiad came to spectacular conclusion. All in all, the United States brought home an astonishing 121 medals, 46 gold, 37 silver and 38 bronze. This year the Olympic Games was not only impressive, it was a testament of our great nation. We fiercely competed to be the best of the best and we rose to the top with style and grace. Oh say does that star-spangled banner yet wave.

God Bless America. . . . my home sweet home.

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Intellectual Property Practice Group Alert Brexit: What EU Trademark Owners Should Know Voters in the United Kingdom ("UK") recently voted in a referendum to secede from the European Union ("EU"). It is now up to the British government to invoke, or not to invoke, Article 50 of the Treaty of Lisbon to begin the two-year withdrawal process. If the British government does invoke Article 50, the UK will eventually no longer be an EU member state. What does that mean to U.S. owners of EU trademarks? The answer is that as the British government makes a decision on the invocation of Article 50, we will have more definitive information. In the meantime, the UK will remain part of the EU and EU trademarks will remain effective and enforceable in the UK. Assuming that the British secession from the EU (“Brexit”) is put into place by the British government, there will come a time when EU trademarks will no longer be enforceable in the UK, unless the British government makes transitional laws to include the seniority and enforceability of EU trademarks in the UK as of a certain date. Another alternative for the British government would be to set a deadline by which time EU trademarks must be applied for in the UK in order to maintain priority and seniority. Three other European nations that never joined the EU are Norway, Liechtenstein and Iceland. These three countries, however, are part of the European Economic Area (“EEA”). The other part of the EEA is the EU itself. Switzerland is neither an EU nor EEA member, but is part of the European single market, meaning that, at this time, Swiss nationals have the same rights to live and work in the UK as other EEA nationals. As Brexit becomes finalized, it remains to be seen whether the UK will: •Be (or remain) part of the EEA, or not; •End up in the same or similar position to where Switzerland is today, with respect to other European nations; or •Whether the UK just “goes it alone.” For Leech Tishman’s clients who currently own EU trademarks, we are recommending a “wait and see” approach, to evaluate what the British government will do – if anything – over the next two years or so, to implement Brexit. Some clients, just for safety in the present situation of uncertainty, may wish to file UK trademark applications now. For clients making new trademark applications in European countries, we recommend separate applications for the EU, UK, Switzerland, Norway, Lichtenstein, and Iceland. The U.S. is a party to a treaty that makes filing trademark applications in all those countries cost-effective, by way of one application for all the above jurisdictions, in English, and with payment of filing fees in U.S. currency. By: Alan M. Kindred, Esq. Leech Tishman Fuscaldo & Lampl

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September Almanac By Tony Sears

September Sky. All times Pacific Daylight Time (PDT), which is minus seven hours from UTC (Universal Time Coordinated). The September New Moon occurs at 2:03 a.m. on September 1. Since it is the Full Moon closest to the September (Autumnal ) Equinox, the September Full Moon is called the “The Harvest Moon”. Watch the nearly full “Harvest Moon” rise at 6:27 p.m. on September 15 and loom large in the heavens all night, setting in the west at 6:22 a.m. on September 16, as it heads to full Moon status at 12:05 p.m. You can watch the newly full Harvest Moon rise at 7:08 p.m. on September 16, while you are at the 18th Annual Bench Bar BBQ. The September Equinox occurs on Thursday, September 22, 2016 at 7:21 a.m. On September 23, the Sun rises at 90 degrees (dead East) and sets at 270 degrees (dead West). By contrast, on September 1, the Sun rises at 80 degrees (East North East) and sets at 280 degrees (West North West). By the end of September 30, the Sun rises at 93 degrees (East South East) and sets at 267 degrees (West South West). Be extra cautious when driving in an easterly direction in the morning or westerly direction in the evening, as the rising or setting Sun may cause sun blindness issues on streets or highways that run east-west. This effect is quite noticeable on Baseline Road from Rancho Cucamonga to Claremont from 6:15 pm. until Sunset (about 7:20 p.m. in early September and 6:35 p.m. by the end of September). September Garden: One of the greatest things about living in our area is that you can garden year ‘round. Fall is the perfect time to clear out the garden or containers and reload. Arugula, Beets, Spinach, Leeks, Lettuce, Carrots, Turnips, and Bok Choi are all great candidates for the fall garden. There is enough warmth and sunshine to get the plants off to a good start. By the time the weather cools down, the plants will be established and productive. When you use containers fresh soil makes a huge difference. My containers are set up like this: 1. Bottom of container has numerous holes. If container is on a concrete area, I use a drainage tray. If not, a drainage tray is optional. 2. “3/4 gravel” in bottom of container. This gravel is 3/4 of an inch in size, so hence the name. It is not pretty and used for mixing concrete. 3/4 gravel is found in the

building materials section of your local Home Depot or Lowes. It is sold in 50 lb. bags. A couple inches for a small container, a bit more as the container size gets larger. 3/4 gravel promotes excellent drainage and a bit of weight to stabilize the container. 3. Cactus mix. Each container is then filled about 1/3 with cactus mix, which promotes deep strong roots and great drainage. 4. Potting soil. Each container is filled with potting soil to about 3 inches below the rim. I have been using Miracle Gro Moisture Control potting soil with good results. After each crop, I replace the layer of potting soil and leave the cactus mix and gravel. You can spread the used potting soil in your flower beds or under your shrubs as a form of mulch. Here is another tip. You should use “clean” water. Fill your water cans or buckets and let sit for 24 hours so the chlorine in the water evaporates. This is especially important when you are first germinating, especially on warm autumn days. Keep that seed bed damp until there is good germination. Kind attention will yield a fresh salad greens for the Holiday season. A fresh green salad on Thanksgiving Day is quite possible. September Recipe: Zucchini and Corn Lasagna. I modified this classic from Sunset Magazine. It seems like a lot of work, but it is totally worth it. This dish is vegetarian and gluten free. It is very satisfying and a hit with the college kids that hang out at our house. You can also bring this dish to Thanksgiving Potluck. 4 pounds green or yellow zucchini (12 medium), ends trimmed, thinly sliced lengthwise. I use my mandolin, which adds an element of danger. Use that hand guard. You can also use a vegetable slicer. It is important to get the zucchini uniformly sliced. 1 3/4 teaspoons kosher salt, divided 4 tablespoons olive oil, divided 1 cup chopped shallot 3 garlic cloves, chopped 3 cups raw corn kernels (from 3 or 4 ears corn) 2 teaspoon fresh thyme leaves 24 ounces ricotta cheese. The only downside is that ricotta is typically sold in 15 ounce tubs, so you’ll need two tubs. Using two 15 ounces tubs is not good, as it simply too much. 2 cups shredded Parmesan cheese, divided 1 large egg, beaten to blend Continued on page 5

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September Almanac Continued from page 4

September 2016

MARK YOUR CALENDARS! Family Court Judicial Forum

Preparation 1. Line 3 rimmed baking sheets with paper towels and arrange zucchini in a single layer on top. Sprinkle with 1 1/2 tsp. salt and set aside 30 minutes. This process is called “sweating” and is crucial to get the excess water out of the zucchini. You would do the same thing if you were making eggplant Parmesan. If the zucchini is not sweated, then there will be too much water in the dish. Meanwhile, heat a grill to medium (350° to 450°). 2. Heat 2 tbsp. oil in a medium frying pan over medium heat. Add shallot and garlic and cook, stirring constantly, until beginning to brown, about 2 minutes. Add corn and thyme and cook until corn is just hot, 2 to 3 minutes. Transfer to a medium bowl. Stir in ricotta, half of Parmesan, the egg, basil, chives, pepper, and remaining 1/4 tsp. salt. Blend well with a spatula or wooden spoon. 3. Preheat oven to 375°. Press water out of zucchini with more paper towels and remove all paper towels from baking sheets. Brush zucchini all over with remaining 2 tbsp. oil. Grill half of zucchini, turning once, until grill marks appear, 2 to 4 minutes; transfer to rimmed baking sheets as cooked. Repeat with remaining zucchini. 4. Butter bottom of a 9- by 13-in. baking dish with ½ tbsp. butter. Arrange a quarter of zucchini ribbons crosswise in bottom of dish, overlapping slightly. Evenly spread a third of corn-ricotta mixture over zucchini. Repeat process 2 more times, ending with zucchini. Sprinkle remaining Parmesan on top and dot with remaining 1 tbsp. butter. 5. Bake until lasagna turns golden brown, about 45 minutes, rotating dish halfway through for even browning. Let rest 20 minutes before serving. You can make ahead: Through step 4, up to 1 day, covered in plastic wrap and chilled; bake about 55 minutes. Buon Appetito! Tony Sears

The National Business Institute is pleased to offer The Family Court Judicial Forum. The event is scheduled for Friday, October 28, 2016 from 9:00 a.m. to 4:30 p.m. The location will be at the Hilton Garden Inn, in Fontana . The Judicial Forum is presented in a roundtable format offering the attendees an up-close and interactive session with local Family Law Judicial Officers. The agenda will cover a variety of topics with the moderator asking the Judges your questions relating to the topics on the agenda. Local Judicial Officers for this panel include Judge Teresa Bennett, Judge Michael Knish, Judge Arthur Harrison, Judge James Warren, Commissioner Deborah Daniel, Commissioner Michael Torchia, Commissioner Mickie Reed, and Commissioner Belinda Handy. Topics for discussion will be contested custody matters, child support, domestic violence and recent changes in the law, financial and property issues, legal ethics and trial practice tips for Family Law lawyers. This is bound to be an exceptional event. For more information, contact the moderator for this event, Angelique Bonanno, 909-989-7284 or The National Business Institute at www.nbisems.com. Also, please feel free to submit your questions directly to Angelique which will be submitted to the Judicial Officers in advance.

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OFFICE SPACE FOR RENT One office suite for rent. Located in Rancho Cucamonga just steps from the courthouse. Building features ample parking, and access to a park and tennis courts behind the building. Suite 102 - Approximately 1,500 square feet. Four private offices, kitchenette, storage closet and a large reception/work area. Private ground floor entrance. Available February 1, 2016. Rental rate is $1.55 per square foot. Contact Matthew Taylor at (909) 989-7774 for details.

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ATTENTION NEWLY ADMITTED ATTORNEYS If you would like mentoring, please contact the Western San Bernardino County Bar Association at (909) 483-0548 or email at [email protected] and request an attorney mentor. We are here to help you suceed!

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PARTICIPATING VENDORS AND THEIR DISCOUNTS EXCLUSIVELY FOR WSBCBA MEMBERS (Members must present valid WSBCBA Bar Card to Vendor) SIR SPEEDY PRINT/SIGNS/MARKETING 8628 Utica Avenue, Suite 500, Rancho Cucamonga, CA Phone: (909) 980-9922 www.sirspeedycucamonga.com 10% OFF TO WSBCBA MEMBERS Contact: Laura Lundgren, General Manager

BOSCO Legal Services COURT FILING/E-FILING/SKIP TRACING/ RECORD RETRIEVAL/SERVICE OF PROCESS/ ASSET LOCATES/INVESTIGATIONS 10630 Town Center Drive, Suite 102 Rancho Cucamonga, CA 91730 Phone: (877) 353-8281 www.boscolegal.org 10% OFF TO WSBCBA MEMBERS Contact: Joseph Jones, VP of Field Services

RAMS MEDIATIONS/ARBITRATIONS 1710 Plum Lane, Redlands, CA 91374 Phone: (909) 798-4554 www.mediate.com/rams/ 10% OFF TO WSBCBA MEMBERS ON CASES HEARD PRIOR TO 12/31/2016 Contact: Timothy Corcoran

ZAMORAS MOBILE CARWASH & DETAIL 10% off all car washes (regular - Cars $20.00/Trucks $25.00) $20.00 off all details (regular - Cars $120.00/Trucks $140.00) Contact: Salvador Zamoras (909) 963-9259

STARKS REALTY GROUP REAL ESTATE AGENCY 8250 White Oak Avenue, Suite 102 Rancho Cucamonga, CA 91730 (909) 945-0609 25% OFF OF REAL ESTATE COMMISSIONS WHEN STARKS REALTY GROUP FIRST LISTS YOUR HOME EXCLUSIVELY TO WSBCBA MEMBERS ONLY. Contact: Laurel Starks

EMPIRE COURT REPORTING CERTIFIED CALIFORNIA SHORTHAND REPORTERS “Professional Court Reporting With A Personal Touch” 12223 Highland Avenue, Suite 236 Rancho Cucamonga, CA 91739 Phone: (951) 235-5221 Website: www.empirecourt reporters.com 10% OFF ALL DEPOSITIONS AND FREE CONDENSED TRANSCRIPT Contact: Karen Diaz

LEGAL NURSE CONSULTING Div. of Baypro Inc.

Medical/Legal Consulting Services for Attorneys Litigating Personal Injury, Medical Malpractice or other Medically Related Cases “Let our professional knowledge help De-mystify medical issues in your legal cases” SPECIAL INTRODUCTORY OFFER 10 HOURS FREE ON FIRST CASE (An $850 Value) Contact: Barbara Young RN LNC (909) 562-1554 [email protected] website: www.LegalNurseLNC.com

Vendors if you would like to join our “Participating Vendors Discounts” program exclusively for our members, please contact the WSBCBA Executive Director, Deva Mora at (909) 483-0548. This service is free to our members and vendors.

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May 30, 2016

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Western San Bernardino County Bar Association 8409 Utica Avenue • PO Box 624 Rancho Cucamonga, CA 91729 Phone: (909) 483-0548 Fax: (909) 483-0553 Email: [email protected] ~ Website: www.wsbcba.org

PRSTD STD U.S. Postage PAID PI 17 Rancho Cucamonga, CA

GOVERNING BOARD 2015-2016 OFFICERS DIANE M. HARTOG, President DAREN LIPINSKY, President Elect FERNANDO VARGAS, Vice President MATTHEW TAYLOR, Secretary/Treasurer DAVID H. RICKS, Imm. Past President DIRECTORS-AT-LARGE Fernando Bernheim Angelique Bonanno Thomas Dominick David Goldstein Randal Hannah Gilbert Holmes Justin King Dean McVay Heidi Romeo Mitchell Roth Cass Watters Will Wooten

NEWS BULLETIN

EXECUTIVE DIRECTOR Deva Mora

SAVE THE DATES: Bench Bar BBQ 6:00 p.m. - 9:00 p.m. September 16, 2016 Rancho Cucamonga

2016-2017 Installation of Officers Awards Ceremony 5:00 p.m. - 8:30 p.m. October 6, 2016 Ontario, CA

Domestic Violence MCLE Family Law or Criminal Law? 6:00 p.m. - 8:00 p.m. September 22, 2016 University of La Verne College of Law Ontario CA

Attorney/Client Trust Accounts MCLE 12:00 noon - 1:30 p.m. October 20, 2016 WSBCBA Conference Rooms Rancho Cucamogna, CA Toys for Tots Holiday Celebration December 16, 2016 Upland, CA

60 Years of Promoting Success in the Inland Empire