lawy e rr f al service 30 year s 30 ye a r s bar briefs q 2018 dec 14.pdf · “top tax tips for...

A Publication of the Santa Cruz County Bar Association and Lawyer Referral Service First Quarter 2018

BAR BRIEFS30 Years 30 Years1988 bull Lawyer Referral Service bull 2018

In This IssueJudge Morse Retires But She Doesnrsquot Slow Down

LRS 30th Anniversary Reflections from Our Longest Serving LRS Member

Catching Up with the County Cannabis Licensing Manager

Member Spotlight Shines on Stephen Grant

Plus Event Calendar CLRA Report State Bar Split Mock Trial Attorney Recruitment

Second Mortgage Dangers and More

Judge Heather Morse

2Santa Cruz County Bar Association January February March 2018

340 Soquel Avenue Suite 209Santa Cruz California 95062tel 831-423-5031 fax 831-423-6202email sccbarsbcglobalnetwwwsantacruzbarorgwwwlawyerreferralsantacruzorg

President Burleigh Cooper 423-5031Past President Nathan Benjamin 600-8405Secretary Nancy de la Pena 454-2032Treasurer James Eschen 466-0753Directors At Large Angela Hoyt 479-6217 Eric John Nelson 588-4818 Andrew Janecki 459-0427 Ashley Wheelock 471-7170

Executive Director Lolly Belanger 423-5031Editor Burleigh Cooper 423-5031Newsletter LayoutDesign Evelyn Volpa 685-3314

Bar Briefs is published four times each year by the Santa Cruz County Bar As-sociation Inc (SCCBA) The opinions expressed herein do not necessarily represent the opinions of the SCCBA its officers directors members or the editor

Editorial submissions to Bar Briefs are welcome However we accept no responsibility for the custody or return of materials submitted for publication

All submissions for publication become the exclusive property of SCCBA All rights reserved

Advertising rates and policies are made available by the SCCBA Board and Executive Director Acceptance of advertisments for publication does not constitute an endorsement or recom-mendation of products or services advertised

Copyright copy 2018 SCCBA

Santa Cruz CountyBar Association

Calendar 03

Presidentrsquos Message 06

Articles

Judge Morse Retires 08

LRS 30th Anniversary 10

Cannabis Licensing Manager 13

CRLA Report 15

Member Spotlight 24

Sleeping Giant Second Mortgages 26

Announcement

Mock Trial Seeks Scoring Attorneys 14

Information and Updates

Bench Bar 22

Membership Update 05

State Bar Update 25

EventsPhotos

Judge Morse Celebration 16

September 28 MCLE 18

October 17 MCLE 19

November 9 MCLE 20

December 8 MCLE 21

Pulse Line 28

TABLE OF CONTENTS

ADVERTISERS INDEX

Casagrande Dan - Reverse Mortgage 07Creekside Court Reporting 25Hartsell Olivieri - Shorthand Reporting 07Haussler Lu - Mediation 20JAMS - The Resolution Experts 12Premo Steve - Legal ResearchWriting 07Pulone - Reporting Services 27


Jan

Feb

Wed 10

Thurs 11

Thurs 11

Wed 17

Wed 17

Thurs 8

Thurs 8

Tues 20

Wed 21

SCCBA Real Property SectionAttorneys Pamela Simmons and Bill Purdy discuss ldquoWhite Collar Crime Becomes Merely lsquoBusinessrsquo and Other Recent Mortgage Lending Developmentsrdquo 715 am at the Back Nine Restaurant Cost $2900 (whether or not you eat breakfast) plus an additional $1000 for MCLE credit RSVP to Edward Chun at echunpcg-llpcom Checks made payable to Penrose Chun amp Gorman LLP 1200 Pacific Avenue Suite 260 Santa Cruz CA 95060

SCCBA Hon Jamie Jacobs-May (Ret) presents an MCLE elimination of bias program on ldquoNeuroscience Psychology of Decision-making and Social Persuasionrdquo 1200 ndash 115 pm at the Back Nine Restaurant 555 Hwy 17 Santa Cruz One unit MCLE elimination of bias credit Cost is $35 for members $40 for non-member attorneys $30 for judges and non-attorney members RSVP by January 5 at wwwsantacruzbarorg or contact SCCBA 831-423-5031 or sccbarsbcglobalnet

The Advocates Regular monthly meeting at 530 pm at Lupulo 233 Cathcart St Santa Cruz Questions contact Ajla Husic at ajlahusicgmailcom

SCCBA Estate Planning SectionldquoBonds from A to Zrdquo Todd Christensen will discuss everything you need to know about bonding for Probate Representatives Conservators Guardians Trustees Trusts not under court supervision and Civil matters Back Nine Restaurant 715 am $2900 for breakfast or $8 for coffee only Reservations and advance payment required An additional $10 if you want MCLE credit Questions call or email Emily Buchbinder 831-426-8484 emilybuchbinderlawcom

Bench Bar Meeting1215 pm Dept 5 Santa Cruz Superior Court Send agenda items to andrewjaneckigmailcom

SCCBA Steve Greenburg Phyllis Katz and Michelle Welsh speak on ldquoPublic and Special Education Law Student and Parent Rightsrdquo 1200ndash115 pm Brown Bag Lunch Santa Cruz Courthouse Dept 5 Cost Free $10 for one unit MCLE general credit Register at wwwsantacruzbarorg or contact SCCBA 831-423-5031 or sccbarsbcglobalnet

The Advocates Regular monthly meeting at 530 pm at Surf City Billiards 831 Pacific Ave Santa Cruz Questions contact Ajla Husic at ajlahusicgmailcom

SCCBA Real Property SectionldquoReal Property Law Update Part Irdquo 715 am at the Back Nine Restaurant Cost $2900 (whether or not you eat breakfast) plus an additional $1000 for MCLE credit RSVP to Edward Chun at echunpcg-llpcom Checks made payable to Penrose Chun amp Gorman LLP 1200 Pacific Avenue Suite 260 Santa Cruz CA 95060

SCCBA Estate Planning SectionldquoTop Tax Tips for Making Divorce Less Taxingrdquo Attorney Justin Miller will speak about understanding the tax implications of divorce for estate planners tax and financial advisors and family law attorneys Whether it is dependency exemptions transfers of securities dividing retirement accounts or determining spousal support there are essential tax tips that can assist every practitioner Back Nine Restaurant 715 am $2900 for breakfast or $8 for coffee only Reservations and advance payment required An additional $10 if you want MCLE credit Questions call or email Emily Buchbinder 831-426-8484 emilybuchbinderlawcom

MCLE

MCLE

MCLE

MCLE

MCLE

MCLE


Wed 14

Thurs 15

Thurs 15

Wed 21

MarSCCBA Real Property SectionldquoReal Property Law Update Part IIrdquo 715 am at the Back Nine Restaurant Cost $2900 (whether or not you eat breakfast) plus an additional $1000 for MCLE credit RSVP to Edward Chun at echunpcg-llpcom Checks made payable to Penrose Chun amp Gorman LLP 1200 Pacific Avenue Suite 260 Santa Cruz CA 95060

SCCBA Michelle Galloway Esq presents an MCLE Ethics program ldquoConfidentiality and Privilegerdquo 1200 ndash 115 pm at the Back Nine Restaurant 555 Hwy 17 Santa Cruz One unit MCLE ethics credit Cost is $35 for members $40 for non-member attorneys $30 for judges and non-attorney members RSVP by March 9 at wwwsantacruzbarorg or contact SCCBA 831-423-5031 or sccbarsbcglobalnet

The Advocates Regular monthly meeting at 530 pm at New Bohemia Brewing 1030 41st Ave Santa Cruz Questions contact Ajla Husic at ajlahusicgmailcom

SCCBA Estate Planning SectionldquoRetirement Account Beneficiaries and IRA Trustsrdquo Attorney Elijah Keyes will discuss what the hidden pitfalls of beneficiary designations are what an IRA Trust is and how to use it and creative ways to use retirement accounts Back Nine Restaurant 715 am $2900 for breakfast or $8 for coffee only Reservations and advance payment required An additional $10 if you want MCLE credit Questions call or email Emily Buchbinder 831-426-8484 emilybuchbinderlawcom

MCLE

MCLE

MCLE

Save the Date 2018 Santa Cruz County Bar Association

Annual Meeting amp Installation of Officers

Celebrating 30 Years of LRS

Thursday March 8 2018 500-730 pm Sesnon House

6500 Soquel Dr Aptos

Register at wwwsantacruzbarorgfor-lawyerscalendar-of-events


295 Member 35 New Member

SCCBA amp Special SectionMCLE Programs

27 MCLE Program 793 Tota Attendee

Bar Briefs Newsleer

Member-Only Emails 69 SCCBA Announcement

an Invitation 13 Cour Notification

39 Pai Ad

9 Contributin Writer

21 Article

20815 WebsitePageviews

13857 SCCBA 6958 LRS

19 Meetings Mixers amp More 12 Advocate Meeting

4 Benc Bar Meeting 1 Advocate Mer

1 Annua Meetin

1 Fal Flin

Santa Cruz County Bar Association amp Lawyer Referral Service 340 Soquel Ave Ste 209 Santa Cruz CA 95062

P 831-423-5031 F 831-423-6202 wwwsantacruzbarorgwwwlawyerreferralsantacruzorg

Your Sant Crz Count BarMembership

2017 By the Numbers

1434 I-PersoAppointment

210 Spanis-LanguagAppointment

85 TelephonConsultation

$450000+ i attorne fee

5423 Incomin PhonCall

Lawyer Referral Sevice 35 Lawyer

2 Staff 14 Intern


by Burleigh Cooper Esq

Presidentrsquos Message

Phew we made it we survived 2017 I hope Wersquoll see

Focusing on the positive as we head into the new year and bearing in mind the mission statement of the Santa Cruz County Bar Association [SCCBA] regarding the promotion of ldquomeaningful access to justice for all personsrdquo Irsquom thrilled to announce the 30th Anniversary of the Lawyer Referral Service of Santa Cruz County [LRS]

Starting in 2016 the SCCBA Board of Directors and staff made a concerted effort to increase access to justice for the Spanish-speaking population of Santa Cruz County To date these efforts have involved the hiring of a part-time Spanish-speaking LRS employee managing an ever growing team of Spanish-speaking interns adding four new LRS attorneys who can serve Spanish-speaking clients and launching directed social media advertisements These efforts have yielded tremendous ongoing growth in the number of Spanish language referrals to local attorneys with the noted 100 increase above and beyond 2016

The observed data strongly suggests a continuing growth opportunity and with that in mind I would like to extent a sincere thank you to the SCCBA Board of Directors SCCBA Executive Director Lolly Belanger SCCBA administrative assistant Bridget Brown LRS referral panel attorneys and the Santa Cruz County Courts for their ongoing support commitment and effort to increasing meaningful access to justice for all residents of Santa Cruz County

What is the Lawyer Referral Service of Santa Cruz County

Certified by the State Bar of California since 1988 and sponsored by the Santa Cruz County Bar Association the Lawyer Referral Service of Santa Cruz County [LRS] is the oldest largest and most respected legal referral service in Santa Cruz County LRS meets the American Bar Association referral service standards and is the only local non-profit lawyer referral service certified by the State Bar of California

How does the Lawyer Referral Service Work

Persons seeking legal counsel via LRS may request an appointment by phone or by completing an online Appointment Request form at wwwlawyerreferralsantacruzorg A trained non-attorney LRS staff member will then obtain the necessary information to schedule an initial 30-minute appointment with a lawyer who best matches that personrsquos needs For this service LRS charges an administration fee of $50 which includes the above-referenced 30 - minute consult

If the lawyer and potential client agree that additional services beyond the 30-minute consult are appropriate they may enter into whatever attorney-client agreement they wish less a percentage referral fee payable to LRS at the conclusion of the matter

How does LRS ensure the quality of services provided to Santa Cruz County residents

Each person who is referred to a local attorney by and through LRS is asked to submit a completed questionnaire [ie client survey] regarding the general nature and quality of representation provided These questionnaires are reviewed annually by the SCCBA Board of Directors who then jointly address issues arising therefrom in accordance with the LRS bylaws

Continued next page


Why join the LRS attorney referral panel

At present the LRS consists of two staff persons and 14 interns In 2017 LRS received 5045 phone call inquiries resulting in 44 attorney telephone consults 1347 in-person attorney appointments and 201 Spanish language attorney appointments In 2017 alone the 35 LRS panel attorneys earned over $450000 in attorney fees

How does one join the LRS attorney referral panel

Each LRS referral panel attorney must be in good standing with the State Bar of California and meet certain criteria with respect to general qualification standards subject matter expertise and legal malpractice insurance Please see the Santa Cruz County Bar Association website wwwsantacruzbarorg for additional eligibility information and criteria

I hope you will take the time to consider joining the LRS attorney referral panel particularly if you or your office is able to serve Spanish-speaking residents of Santa Cruz County

Happy New Year May the rule of law prevail in 2018

ldquoThe mission of the Santa Cruz County Bar Association is to diligently promote meaningful access to justice for all persons to provide educational and social opportunities for all of its members and to ensure leadership on major issues affecting the profession including the preservation of the independence of the legal profession and the judiciaryrdquo

Presidentrsquos Message continued

2017 BEST OFSANTA CRUZ AWARD2017

NMLS 561104

8314232900dcasagranderfslendscomwwwReverseManDancom

Dan Casagrande NMLS ID 561104 Synergy One Lending Inc dba Retirement Funding Solutions NMLS 1025894 Licensed by the Department of Business Oversight under the California Residential Mortgage Lending Act ndash California License 4131356 Borrower must maintain property as primary residence and remain current on property taxes and insurance These materials are not from HUD or FHA and the document was not approved by HUD FHA or any Government Agency

THANKS AGAIN SANTA CRUZI have the honor of being named the Best of Santa Cruz ReverseMortgage Lender for the thirdconsecutive year

Helping hundreds of home owners in my 10+ year career is my passion and pleasure

To learn more about reverse mortgages just give me a call

Local Reverse Mortgage ExpertDan Casagrande MBA

NMLS 561104

Now with 2 offices to serve the Santa Cruz MontereySalinas Carmel Gilroy Hollister amp San Jose Area

Hartsell amp Olivieri Certified Shorthand ReporterswwwHartsell-OliviericomReporterssbcglobalnet

40 Ragsdale Drive Suite 160 621-A Water StreetMonterey CA 93940 Santa Cruz CA 95060831-655-5911 831-423-5911

Fax 831-423-7189


By Burleigh Cooper Esq

As a preliminary observation Judge Morse may be newly-retired however during our November 13 interview at the Watsonville Courthouse it remains clear she retains every ounce of the energy infectious enthusiasm and focus that led to the formation of the Mental Health Court Watsonville Civic Plaza and Watsonville Juvenile Community Court Also clear is that she will remain an active community voice particularly with respect to juvenile and mental health issues for years to come

After graduating Del Mar High School in San Jose Judge Morse attended the University of Washington Seattle graduating in 1976 (BA) with a major in sociology and minor in society amp justice Following her return to San Jose upon graduating the prospect of spending the summer of 1976 mulling over the future at her parents beach house in Rio Del Mar became a (short lived) reality In Rio Del Mar she found herself living next door to Don Grunsky occasionally serving as crew on his Hobie Cat sailboat

After a little parental post-college j-o-b prodding Judge Morse found herself down at the County of Santa Cruz office reviewing open positions In 1976 she applied for the position of Deputy Clerk of Court scraped by the typing portion of the exam and soon found herself working the traffic counter Unsurprisingly this led to a series

When The Phone RingsAn interview with Judge Heather Morse (Ret)

of ldquointerestingrdquo counter interactions and a growing desire to experience ldquoany-thing elserdquo

She then worked as County of Santa Cruz Juvenile Probation Officer from 1977 to 1978 alongside Jim Duffy another new hire in the probation department who encouraged her to consider law school As it turns out others were encouraging her as well including her husband (Mike Lillis) Don Grunsky and an insurance adjuster evaluating damage to her parents property

After graduating the University of San Francisco School of Law in 1981 she hung a shingle taking limited civil criminal defense and debt collection cases She quickly matriculated into the County of Monterey District Attorneyrsquos Office under the ldquofantasticrdquo mentorship of Dean Flippo and Bill Curtis where she remained through 1984 Thereafter she worked for the County of Santa Cruz District Attorneyrsquos Office under Art Danner from 1984 until she was appointed to the bench by Governor George Deukmejian in 1989 after Judicial Nominee Evaluation (JNE) review

During her nine year tenure as an Assistant District Attorney she managed to give birth to her daughter in 1987 while bringing over 100 cases to jury trial - including murder and high-profile cases - as a member of the Special Prosecutors Office along with Michael Barton

She recalls attending her first ldquojudges meetingrdquo at Tinyrsquos Restaurant on


41st avenue and credits Judge Robert Atack for early judicial mentoring particularly with respect to calendar and caseload management

In addition to her judicial duties Judge Morse participated on the Judicial Council of the State of California for three years including the Policy and Legislation Committee with Justice Baxter the

Rules and Procedures Committee with Norm Epstein the Technology Committee with Justice Chen and the Trial Court Litigation Management Committee with Justice Huffman This was preceded by 10 years teaching Court Administration for Presiding Judges with CJER working on the Security and Budget Workgroups the CJER Judicial Education Governing Board Uniform Civil Rules and Fees Workgroup and the Trial Court Coordination and merger of the Municipal and Superior Courts She also worked on the Judicial Council Mental Health Task Force and the Independence of the Judiciary Task Force to realign Judicial Campaign Finance Regulations with Supervisor McPherson Watching California Supreme Court Chief Justice Ronald George manage Judicial Council meetings was ldquoenlighteningrdquo and otherwise useful during her subsequent tenure as Presiding Judge and Judicial Council Member

Her tireless work in creating the Mental Health Court is well-known and ongoing The increased use of methamphetamine has and continues to create new challenges requiring ongoing education and collaboration between the courts law enforcement mental health professionals and the community at large - particularly regarding pre-arrest intervention post-arrest diversion counseling and alternatives to incarceration

Part and parcel to this community-based approach is providing education and outreach support to young offenders by and through the Watsonville Juvenile Community Court which earned a Ralph N Klepps Award for Improvement

in the Administration of the Courts recognizing innovators committed to improving access to justice by solving common problems

In the same vein Judge Morse oversaw the implementation of additional practical solutions including ensuring juvenile courts were available in Watsonville to increase parental participation ensuring domestic violence restraining orders could be heard in Watsonville entry

screening to the courts and installation of a holding cage to secure prisoners in transport to and from the Watsonville Courthouse All of these lessons were put to use during the near 20 year process of planning funding and building the Watsonville Civic Plaza and Watsonville Courthouse which commenced following the 1989 earthquake and were dedicated in 2008

She credits her faith and belief that power should be used to the benefit of the community as guiding lights throughout her impressive 29 years on the bench as the first woman judge and longest tenured judge in Santa Cruz County Having just completed Formula open-wheel racing lessons at Laguna Seca she looks forward to travel to exotic places visiting National Parks and another trip to Disneyland unless serving as a fill-in assignment judge ldquowhen the phone ringsrdquo


LRS 30th AnniversaryInterview with Jeff Bosshard

By Eric John Nelson Esq

This year marks the 30th anniversary of our Lawyer Referral Service (LRS) which was certified by the State Bar of California in 1988 The Lawyer Referral Service is sponsored by our Santa Cruz County Bar Association The mission of our bar association is to ldquodiligently promote meaningful access to justice for all persons to provide educational and social opportunities for all its members and to ensure leadership on major issues affecting the profession including the preservation of the independence of the legal profession and the judiciaryrdquo Collectively as a bar association the Lawyer Referral Service is our front line in promoting meaningful access to justice for all

Commemorating our 30-year anniversary we interviewed attorney Jeff Bosshard who is the Lawyer Referral Servicersquos longest standing panelist In fact Jeff was a director of the bar association in the mid 80rsquos when our local lawyer referral service was conceived Jeff was born and raised in Los Angeles County He attended public schools then went to Stanford University on a full tuition scholarship At Stanford he took Computer Science courses and went to work on the Apollo Program while studying for Master in Business Administration Of his business courses Jeff found the business law course the most engaging which lead him to change course and go to law school earning his Juris Doctor degrees at UCLA

Jeff went into law to ldquopromote freedom civil and constitutional rightsrdquo He recognizes that lawyers are in a unique position to help people According to Jeff the beauty of what the Lawyer Referral Service offers is that it is ldquopersonalndashndashone person at a time giving them what you can in thirty minutesrdquo

Jeff was first inspired by the concept and need for a lawyer referral service through his work as an anti-poverty lawyer at Legal Aid services in Southern California There he learned first-hand that there is a large portion of the community who do not qualify as low income for the purposes of legal aid but cannot otherwise afford needed legal representation or counsel

He points out that most people confront the law in their everyday lives offering as an example young adults who take on their first job car payment or credit card As such in addition to being an LRS panelist he has spoken with local high school students about legal issues they may confront and offers a low-cost service for people in need of non-complex wills Jeff continues his work with the Host Lions Club raising money for childrenrsquos groups and those with hearing and visual impairments mdash groups he says are ldquolike LRSrdquo

It is clear that through his practice Jeff lives up to the aspirations contained in Rule 61 of our Professional Rules of Conduct which directs that a ldquolawyer should aspire to renderrdquo

pro bono publico legal services to persons of limited means or to organizations that support them and that these services should be rendered at no or low cost The Rule also encourages lawyers to participate in activities that improve the law the legal system or the legal profession

Jeff believes that people generally become lawyers to make money be of service and promote social change He admits that early on he was motivated to be a Lawyer Referral Service panelist because it was a good way to meet potential clients Taking on LRS referred clients can be

Former SCCBA President John Burton presented Jeff Bosshard with an award certificate honor-ing decades of LRS service in 2014


lucrative Jeff points out that his work with LRS has also been a rewarding and integral part of the service aspect of his career Jeff agreed to do this interview in hopes that it would promote social change to the degree that it might ldquoget more people involved helping the communityrdquo

Jeff has an office in the Rio Del mar area where his practice focuses on probate and estate planning When asked about hobbies Jeff referred to himself as a ldquocamper hiker lawyerrdquo in that order

The Lawyer Referral Service greatly appreciates the dedicated attorney panelists like Jeff who offer their time and experience to promote access to justice one person at a time Improving our services and scope of impact requires continuous brainstorming action steps and support from the legal community Most recently the Lawyer Referral Service has bolstered their bilingual staff in an effort to provide better services to our Spanish speaking communityndashndashitrsquos working We graciously thank our staff current panelists and our legal community for their continuous support as we commemorate our 30th anniversary

James Moore King EsqJuly 301943 - November 11 2017

As we celebrate the 30th anniversary of LRS we are sad to report the passing of Jim King a longtime SCCBA and LRS member who died in November in Arcata Jim started with LRS in 2011 and continued to provide phone consultations to clients after he moved to Arcata in 2016 Jim counseled almost 400 LRS clients during his time with the organization

Jim earned his JD from Santa Clara University in 1970 He practiced in Santa Cruz for more than 40 years focusing on workerrsquos compensation and employment law In addition to his service with LRS Jim volunteered on many local boards including the Santa Cruz Westside Community Health Center the Santa Cruz County Democratic Central Committee the Police Review Board the Air Quality Review Board and the Homeless Services Center

Jim is survived by his wife Sharon King stepson and daughter-in-law Elijah and Chelsea Gladden stepson Joshua Gladden grandchildren Stella Gavin Lila Beatrice and Isabel Gladden sister-in-law Jane Edelman and brother-in-law Larry Edelman cousins James Meg and Jack Wehrum and many many friends

Jim will be buried at the Northern California Veterans Cemetery in a private ceremony for family A Catholic Mass will be held at 11 am on Wednesday January 24 at Holy Cross Church 126 High Street Santa Cruz Afterwards there will be a gathering in the church hall to celebrate his life All are invited

Lawyer Referral Service - Mid-Year Discounted Membership Offer Join Lawyer Referral Service now and save 50 off membership rates through June 30 2018

In 2017 LRS scheduled over 100 appointments each month and generated more than $450000 in attorney fees We are in special need of attorneys who can help Spanish-speaking clients We also need practitioners in the areas of bankruptcy insurance medical malpractice cannabis law IP and traffic law Call us at 831-425-4755 or email us at infolawyerreferralsantacruzorg for more information



Some people were never meant to be lawyers Like Robin Bolster-Grant they can be impassioned and intelligent But like Bolster-Grant they have other things get in the way For the past year she has been the County of Santa Cruzrsquos cannabis licensing manager preparing for the changes that will overtake the county when the production of recreational marijuana becomes legal

Robin had a varied life before she got her diploma from Monterey College of Law last year and passed the bar in February She was on track to become an ensign in the United States Navy when her superiors at Annapolis discovered love letters she had written to someone of the ldquowrong genderrdquo The experience gave Robin an interest in civil-rights law keeping other people from experiencing what she experienced because of her sexual orientation However her father became too ill to run his contracting business so she moved back home to Pasadena where she did everything she could for the business without a contractorrsquos license

Robin took another stab at a college degree at Davis but after a couple of years she found herself running a bookstore instead of studying In the early 1990s she got restless again and moved to San Francisco where she planned to open up another bookstore Instead she again went back to school finally getting a degree in environmental policy and planning from California State University East Bay

Shortly after graduation love brought Robin to Santa Cruz to be with her now-wife Susan Robin got a job with the county Planning Department which saw her competence She started off as a planning technician the person your contractor meets at the counter to begin the process of getting a permit She moved to resources planning ensuring that projects complied with environmental regulation From there she reviewed discretionary projects including coastal permits and subdivisions

After six or seven years as a development review planner Robin entered code compliance acting as a liaison for property owners seeking to navigate the permitting system When property owners challenged the Departmentrsquos decisions she prepared the cases and went to administrative hearings She prepared cases involving particularly obstreperous owners for County Counsel Before long she was managing that department

Preparing cases for admini-strative hearings has a lawyerly feel to it that Robin liked In 2012 she entered MCL thinking that she would hang out a shingle as an environmental lawyer when she came out the other side But in 2016 Proposition 64 got in the way when California voters voted to legalize recreational marijuana Suddenly counties throughout California had to bring what had been an unlawful agricultural industry within its zoning system The County set up a cannabis licensing manager After five months it hired Robin for the role

Robin had plenty of experience with marijuana operations in the planning department Disgruntled residents frequently turned in their neighbors Most grow operations were unlawful and so were the roads used to bring product off the properties (including the grading even the structures where the owners lived and worked) Legalization of marijuana requires among other things changing the perspective of people who followed laws regarding land use no more than they followed those regarding controlled substances

Legalization means developing a licensing system to limit the impacts of commercial marijuana growing on rural communities and the county at large The proposed county ordinance will have requirements for set backs odor control and security Grading will be regulated

Robin has had to produce an environmental impact report for the changes in marijuana production She has had to evaluate evidence from surveys law enforcement and code enforcement to determine the extent of a still-unlawful activity By some counts the county has some 10000 grows of which 750 have registered for marijuana permits Those that do not ldquowill be a code-enforcement issuerdquo

Only growers with a history of cultivation will receive permits which will be nontransferable Californiarsquos marijuana surplus means the state has no need of a ready supply Part of creating a licensing system is balancing controls on marijuana production with the expected tax gains of producing marijuana

Robin insists her job is important no matter what onersquos personal beliefs about marijuana use ldquoWhatever people feel about cannabis the more we can bring people into compliance the betterrdquo Everyone has a stake in teaching people to grow marijuana in a way that preserves what brought us all to Santa Cruz

SCCBA Member andCannabis Licensing Manager

Robin Bolster-GrantBy James Eschen Esq


The annual High School Mock Trial competition takes place at the Santa Cruz courthouse in February 2018 The competition is hot again this year as Aptos High returns to defend its first-place title only to be challenged by other teams who are mere points away from claiming a win The winning team will represent Santa Cruz County at the state competition in March 2018

Competition nights are February 7

Round 1 500 - 700 Round 2 730 - 930 February 21 Round 3 500 - 700 Round 4 730 - 930 February 28 Semi Final 500 - 700 Final 730 - 930

The Santa Cruz County Trial Lawyers Association supports this program which is presented by the Santa Cruz County Office of Education and managed by the Constitutional Rights Foundation Over 8000 students throughout California participate in this program Through performance-based education high school students further their knowledge of our judicial system history and the content and conduct of our legal system Students also learn communication skills and team cooperation while developing their analytical abilities public speaking skills and confidence

If you are interested in being a scoring attorney for any round of the February 2018 competition please contact Pamela Mathiesen at 831-429-0181 pambeckmathiesencom Mock Trial has modified rules and scoring criteria which can be different than actual trial Therefore all scoring attorneys (and Judges) even those who have done this before will have to participate in a brief but painless review of the mock trial rules plus the dos and donrsquots of scoring for mock trial competition

Please consider becoming a scoring attorney for the 2018 mock trial competition

Santa Cruz County Trial Lawyers Association Seeks Scoring Attorneys for High School Mock Trial Competition

2018 SCCBA Membership Renewal Reminder If you have not already done so please take a few moments to renew your

Santa Cruz County Bar membership using the link below httpwwwsantacruzbarorgfor-lawyerssccba-membership-application

Donrsquot miss out on member-only emails event announcements member directory networking Bar Briefs discounted MCLEs and more


Our Santa Cruz County Bar Association supplies a board member to the board of California Rural Legal Assistance Inc as required by the by-laws of CRLA and as approved by the Legal Services Commission the federal agency charged with monitoring and distributing federal funds to legal assistance agencies

In 2001 our local legal aid independently a recipient of LSC funds was urged by LSC to merge with CRLA the non-profit law firm with 17 offices from the Mexican border to Marysville including nearby offices in Salinas That merger came to pass and our Bar board asked for a volunteer to go to the CRLA board yours truly stepped up and I have served now for 16 years currently Vice-President of the CRLA board

CRLA statewide assisted 49529 individuals in 2016 focusing on five main areas housing employmentlabor rural health public benefits and education Much of their work is in educating low income folk on their rights

CRLA REPORTby Brian Murtha Esq

Gretchen Regenhardt is the Regional Director of Central CoastNorth out of the Watsonville office covering all of Santa Cruz and San Benito counties and collaborating with other organizations eg UCSC Phyllis Katz formerly in the Watsonville office is now the Directing Attorney for the Salinas office

CRLA conducts several annual fund-raising events throughout California with major productions in San Diego Los Angeles and San Francisco The San Francisco event for 2017 was held on November 16 at the beautiful City Club of San Francisco Three persons were honored there for their importance to CRLA values Joseacute Arias ndash a dairy worker for 27 years who sued his employer for overtime pay etc and also on behalf of his co-workershellipeleven years later a 9th Circuit Court ruling supported this patient and committed worker Willie Hernandez Vice President and Deputy General Counsel Hewlett Packard Enterprise ndash who has been involved with motivating low income high school students by teaching them competitive debate and with the Santa Clara County La Raza Lawyers Association and last but not least was our own

California Assemblyperson Mark Stone who as chair of the Assembly Judiciary Committee was instrumental in guiding California to increase support for access to justice for the poor

I had the privilege and honor of introducing attorney Mark to the assemblage noting his work as a County Supervisor and on the Coastal Commission before he went to the Assembly I commented on Markrsquos connection to so many organizations in Santa Cruz County sought after by many as a speaker for meetings ndash a true citizen politician Mark spoke on the importance of low income not being an impediment to fairness and justice

Santa Cruz is fortunate to have both CRLA and Mark Stone in our community

Pictured from left CRLA Executive Director Joseacute Padilla Assemblymember Mark Stone and CRLA Vice-President Brian Murtha




ldquoLaw Practice Stressors Balancing a Personal and

Professional Liferdquo

September 28 2017

SCCBA MCLE

Speakers Craig Needhan Esq and Anne Kepner Esq


ldquoAdvocating for the Environment in Todayrsquos Political Environmentrdquo

October 17 2017

SCCBA MCLE

Speaker Sam Farr with SCCBA Board President Burleigh Cooper


ldquoWinning Appeals in the Trial Courts Tips for the Civil Litigatorrdquo

November 9 2017

SCCBA MCLE

HOOKED BY CHEMICAL DEPENDENCY

FREE YOURSELF

For Lawyers of CaliforniaA California Non-profit Corporation

THE OTHER BAR

TOLL-FREE CONFIDENTIAL HOTLINE800-222-0767

Speaker Joel Franklin Esq


ldquoUpdate on National Health Care Lawsrdquo

December 8 2017

SCCBA MCLE

SCCBA President Burleigh Cooper with speaker Tim Greaney Esq


Bench Bar Reportby Andrew Janecki EsqSCCBA Director at Large

The last BenchBar meeting of 2017 occurred on October 25 The first meeting of 2018 is scheduled for January 17 at Santa Cruz Superior Court

In attendance at the October meeting were the Honorable Judges Baskett Burdick Guy Gallagher Marigonda and Volkmann Court Staff representatives included Alex Calvo Sasha Morgan and Tim Newman Various representatives of the local Bar Association and private counsel were present

The initial discussion focused on last-minute preparations for Judge Morsersquos retirement party which was subsequently held on Thursday November 2 2017 at the Scotts Valley Hilton By all accounts Judge Morsersquos party was a rousing success with well over 250 people attending to show their respect and appreciation for Judge Morsersquos many years of service with the Santa Cruz County Superior Court

The discussion then turned to the issue of budget cuts and it was reported that as of January 1 2018 the Superior Court would no longer be providing court reporters in Civil proceedings Parties and litigants are welcome to bring their own licensed and certified court reporters to civil court proceedings Judge Burdick indicated that advance notice to the Superior Court of a partyrsquos intention to bring their own court reporter was not required other than having the reporter show up a couple minutes early to allow the Judge to announce their presence on the record prior to the beginning of the Hearing Alex Calvo then spoke to the group expressing some frustration with the fact that all of the County courtrooms were equipped with audio recording equipment but that until the legislature changes current law use of this equipment is prohibited When asked how the Bar Association could help on this issue Alex Calvo suggested lobbying our local legislators to change the law to allow electronic recordings in Civil cases On a related issue state funding cuts were also cited as the reason that now-Judge Baskettrsquos former Commissioner position will not be filed

On a more positive note Alex Calvo reported that as of the date of the meeting there was no civil case back-log with effective use of Judicial Mediation being cited as the primary reason Both Judge Burdick and Judge Gallagher praised the Judicial Mediation process as helping to resolve pending cases but also expressed some frustration with last-minute cancelations Given that these mediations are scheduled 60 days in advance parties are encouraged to give the Court as much notice as possible should they reach a settlement or otherwise decide to forgo mediation prior to the scheduled date

The October Bench-Bar meeting also briefly revisited the new procedure regarding Tentative Rulings in Civil cases Sasha Morgan again confirmed that Judicial signatures would still be available after a contested hearing and that the new procedure only affects Orders Judgements and Defaults Earlier concerns that motions for default awaiting judicial signatures would give defaulters additional time was also addressed by Ms Morgan who indicated that such issues have not appeared and assured the meeting attendees that the efiling process can easily distinguish when each litigant files their pleadings There was a question about the ldquo1-hourrdquo window to request a hearing following the issuance of a tentative ruling but it was pointed out that the 1-hour window is standard procedure statewide Parties are encouraged to factor the likely issuance of a tentative ruling the day before the hearing into their schedule and plan accordingly Following the issuance of a tentative ruling timely requests for a hearing via telephone andor email are both acceptable


Judicial Assignment changes effective January 1 2018

SANTA CRUZ BRANCH Department 1 Judge Ariadne Symons - Misdemeanor Department 2 Judge Kim Baskett - MisdemeanorSIP-PACT Department 3 Judge Timothy Volkmann - FelonyAppellate Division PJ Department 4 Vacant (Visiting Judge) - MisdemeanorVehicle Code Department 5 Judge Paul Burdick - Civil Law amp MotionMediationCEQAAppellate Division Department 6 Judge Stephen Siegel - FelonyAppellate Division Department 7 Judge John Salazar - FelonyVeterans Court Department 10 Judge John Gallagher - CivilProbateMediation Department 11 Judge Denine Guy - Behavioral Health Court (Fri PM only)

FELTON BRANCH J uvenile Judge Denine Guy - Delinquency (Tues PM and Fri AM only)

WATSONVILLE BRANCH Department A Judge Rebecca Connolly - Juvenile DependencySmall Claims MC (Thu PM) Department B Judge Denine Guy - Juvenile DelinquencyMisdemeanor (Wed AM only) Department C Judge Jeff Almquist - Family Law Department D Judge Paul Marigonda - Family LawFL Pro PerDV RO (Thu AM)Fam Pres Ct (Wed PM) Department D Commissioner Jana Kast-Davids - DCSS (Tues amp Wed)

Tm Newman Director of Criminal and Traffic Operations announced that mandatory e-filing of all criminal filings ndash motions responses etc - will begin in January of 2018

Finally the 2018 new and amended local rules and forms can be found at httpwwwsantacruzcourtorgforms-filinglocal-rules The public is encouraged to review and comment on the proposed new rules

The next Bench Bar meeting dates for 2018 are January 17 April 25 July 25 and October 24 Please mark your calendar and plan to attend

SAVE THE DATE 9th Annual Scrabble Tournament

Saturday March 24 from 830mdash1230 Santa Cruz Law Library

Details to Follow


Starting Gate an LA Education After college at Cal State Northridge and a year abroad in Italy when his father was teaching in Florence Stephen then started law school at what is now Whittier College He graduated in 1976 passed the bar and launched straight into a solo practice out of a cubby in a theatrical

agentrsquos office winning his first jury trial 90 days after his swearing-in He remains grateful to his Corporations professor for the good advice ldquowise men make profits pigs get slaughteredrdquo

Santa Cruz Convert Stephen had fallen in love with Santa Cruz during trips up to see his brother at UCSC On Halloween of 1979 he moved here permanently waving an unsentimental goodbye to Los Angeles Here he met David Baskin and the two opened an office together in 1980 Stephen had been practicing a mix of torts contracts amp family law but by the late 80rsquos he focused in exclusively on family law

The Long Career Stephen entered a long stable practice period in his new office (though he never stopped moving see below) For over 30 years Stephen and David ran a robust successful law firm at 730 Mission Street with Dennis Lippitt on board for over 20 of them Stephen had learned early that preparation wins cases and a little later that clients do not always tell you the truth Irwin Joseph practiced with them for a little more than 5 years

The firm went big in 2010 That year David Baskin retired and his son Caleb took over as Stephenrsquos partner Caleb had bold growth plans that started with a move to the spacious 331 Soquel Ave building Stephen and Caleb courted talented attorneys including Calebrsquos wife Rebecca Fowler

By Emily DuBois Esq

Nathan Benjamin Courtney Leibrock Michelle Anderson and Kristin Long who was making a move from the District Attorneyrsquos office to private practice and a talented staff to support them all When Caleb took disability retirement three years later the big firm experiment ended and the members again went their separate ways Stephen asked Kristin to continue as his associate and they moved to their current shared offices with Burton amp Cooper LLP where Stephenrsquos son Sidney joined them

In addition to his family-law practice Stephen has served for more than 25 years as judge pro temp for settlement conferences civil litigation and the Department of Child Support Services calendar He has been an evidentiary special master for Santa Cruz and Monterey counties for even longer His first service in that capacity was to review potentially privileged evidence in the case of a Scotts Valley attorney accused of indecent exposure to children Ask Stephen what he found in the garage of the attorneyrsquos house some time evidently criminal attorneys are not the only ones with wild stories

Stephenrsquos Avocations Stephen has always showed up for tests of strength skill speed and focus

In his youth he was an avid tennis player and surfer After a few years in frigid Santa Cruz waters he swapped surfing for basketball and its huge community of league players and pick-up games Probably highest on his list are his twin loves - wheels and motors During college he was an amateur road racer driving a 1959 Austin Healy Sprite and securing a national racing license In the 80rsquos he started racing motorcycles and got a pro racing license there too He ate it all up until it ate him on the eve of his 44th birthday he came off a Sears Point curve at 90 mph and hit a wall of hay bales losing the use of his right arm for a full year This meant he had to write the Family Law Specialization exam six weeks later left-handed That consequence was easier than seeing his wife Duffyrsquos eyes when she walked into his hospital room with their infant and toddler sons in tow He retired from racing took up golf and stayed married

Member SpotlightStephen G Grant Law and Motion


Married but Moving In his 50rsquos Stephenrsquos two sons started taking Taekwondo Two years into it he joined the adult class so then 10-year-old Sid could get in and by age 59 Stephen had his black belt At the urging of his disgruntled back he retired from that sport at 65 and braved back surgery in 2015 Steve is now a cycling enthusiast His enviable collection of bikes includes his everyday road bike an S-Works Tarmac a favorite of Tour de France winners He and his back are considering an e-bike next to extend his range

Stephenrsquos 10 Year PlanGoal 1 Live that long Now that Baskin amp Grant has settled into a thriving small firm again this 40+ year career attorney plans to retire while hersquos ahead Stephen will ease himself out of the office in 2018 as Kristin transitions from seasoned associate to managing partner and as their newest associate Tom Stinson comes on board Once he launches you will find Stephen cycling fishing roasting his own coffee beans brewing beer (home grown hops and all) traveling and enjoying ever more time in motion 2425 Porter Street Suite 9 Soquel CA 95073

8314265767 d 8314269585 f 8889095767 toll freeinfocreeksidecourtreportingcom creeksidecourtreportingcom

Enroll now with Creekside e-filing

for personalized local service

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Visit our portal at wwwcreekside-efilecom

TanyaMiragliaandLisaMcMillan

WHAT THE STATE BAR IS SPLITTING UP WITH THE SECTIONS

By Eleanor Southers Esq

As many of you are aware the California State Bar as of January 1 2018 will be separated into two entities The State Bar will continue with discipline MCLE oversight and Bar Exam control and supervision The 16 Sections of the State Bar are forming a new entity which will be called California Lawyers Association (CLA) It is a 501 (c)(6) non-profit organization and is presently in the last stages of creation

As you can imagine the whole process is quite complicated and has been ongoing for many months I have been privileged to be on the Communication and Marketing Team of the Transition Committee and we have been tasked with making all California lawyers aware of the changes

One of the perks of the new organization is that the sections will no longer be under the Bagley-Keene requirements which has hampered direct communication within the sections Additionally all of the sections can now contact the California Legislature and gain access to their assembly person This will also allow the sections to more easily work with each other when appropriate to provide all members with better access to the information materials and programs that enrich the membersrsquo experience For example the Solo and Small Firm Section is presently discussing partnering with the Business Section for a future program

There will be a website up and running soon which will include FAQs In the meantime I am glad to answer any inquiries and can be reached at 831 466-9132 or esouthersaolcom


Sleeping Giant Second MortgagesBy William Purdy Esq Law Office of Simmons amp Purdy

There is a silent slaughter among homeowners going on nationwide Here in California the culling is particularly noticeable because the value of real estate has rebounded to 2006 levels and beyond in many areas of the state Waves of foreclosures have now started lapping on the financial beach just as the federal government declares that everything is coming up roses for the economy These foreclosures are kin to the FIRST WAVE that devastated the nation Both were triggered by the largest financial fraud in US history (A massive systemic fraud the US taxpayer was obliged to finance while being victimized) This wave of foreclosures involves the ldquoSleeping Giant Second Mortgagesrdquo on millions of homes across the country

ldquoI Thought It Went Awayrdquo

For more than half a decade the gigantic financial fraud carried out by Wall Street and the lending industry jack-hammered real estate prices to such low levels that second mortgages had no chance of receiving a penny if they foreclosed Worse still if they foreclosed they would be saddled with paying a first mortgage that was no longer fully secured by the value of the real estate In the icy financial winter that followed many second mortgages holders took the ldquolong naprdquo

Second lenders stopped calling the homeowner They stopped sending the homeowner ANY notices relative to their second mortgage(s) They hibernated Here in California many seconds mortgage holders went even further They told homeowners (typically over the phone) that the lender had ldquocharged the loan off their booksrdquo Then the lenders coupled this with a form 1099-C (Sometimes a 1099-A or my personal favorite the form 1099-MISC which is an absolute outrage Wersquoll talk about form 1099(s) issues by the lending industry in another article soon)

What was a homeowner to think ldquoThey didnrsquot callrdquohellipldquoThey didnrsquot writerdquohellipldquoThey charged it offrdquohellipThey sent out a form 1099 for debt cancellation Homeowners by the millions concluded ldquoIt Went Awayrdquo But it didnrsquot

A Second Mortgage isnrsquot a Puppy that Follows You Home You arenrsquotrsquo getting a ldquofreerdquo loan that you donrsquot have to repay because the lender needs to show you who holds the note or because MERS is illegal Donrsquot waste your time on this nonsense In California the horrible truth is that EVEN the issuance of a CORRECT form 1099-C DOES NOT in and of itself mean the debt has been cancelled in the sense

mandated by Section 108 of the Internal Revenue Code It can simply mean a particular lender has written the debt of their books In all probability it means the debt was sold to someone else to collect (They virtually always end up in the hands of another creditor)

If there is a recorded deed of trust or mortgage instrument and there virtually always is the loan is a secured loan A loan secured

by real estate is just about the best form of long term debt anyone can hold DEPENDING ON THE VALUE OF THE REAL ESTATE So when the value of real estate began to go up decisively these

secured second mortgages begin to ldquobloomrdquo like California Poppies in spring

Before the Second Mortgage Wakes Up You Need To

When a second mortgage holder comes out of hibernation they are typically ravenous Like a grizzly bear with an empty stomach they will initiate foreclosure and eat your home with little ado It is a very good bet the lender is well versed as to the current value of the real estate and will feel quite confident that they can obtain the yield necessary to make the process worth their while Actually itrsquos much better if you ldquowake uprdquo before the second mortgage holder does The reason is that you almost always have better options if you face this problem as early as you can

There are still rare cases in which the current value of the property is less than the first mortgage In this event it is possible that a Chapter 13 bankruptcy can be used to


strip off the second and discharge it for virtually pennies-on-the-dollar while the homeowner retains the house If the house still has a very depressed value the homeowners may be able to well and truly negotiate a reduced settlement figure and permanently cancel the debt (In which case a tax form1099-C should be expected for the tax year in which the note is cancelled in exchange for the reduced payoff)

There may be other moves a homeowner can make like perhaps using a bankruptcy to catch up all the missed payments on a sleeping second I hate this one but in the case of folks who can afford the payments and who want to keep the home this may be viable Sometimes itrsquos time to sell the house I like my homeowners to sell their homes at premium prices long before some ldquosnarling secondrdquo files a Notice of Default (NOD) artificially depressing the value of the real estate

Avoid a Notice of Default if You Can

If at all possible donrsquot let a second mortgage holder get to the point where they have filed a Notice of Default before you take action You are then on the defensive and your options dwindle with each passing day Worse yet lenders will deliberately engage you in fruitless ldquoverbalrdquo dialogue to try to draw out the time until they can sell your property Irsquove seen this type of violation of the duty of good faith and fair dealing by lenders over and over again Almost none of it will be in writing and itrsquos hard to prove in court

Especially donrsquot wait until a date has been set to sell your property In California the non-judicial foreclosure train has left the station once an NOD has been filed There are only three general methods to ldquostop or slowrdquo this train Each method has its benefits and burdens Often one or more of the methods are practically impossible for the homeowner to utilize You need to start early There are no EASY ANSWERS But there are more options and better answers the sooner you shake off your winter slumber and sneak up on the sleeping giant in its lair

1-888-280-6649Fax 831-457-6078 depospulonecom

Schedule online at wwwpulonecom

California CSR owned amp operated

1414 Soquel Avenue Suite 222 bull Santa Cruz California 95062and

1550 The Alameda Suite 150 bull San Jose California 95126

Experienced CSRs for Depos Court and Captioning

Specialists in High-Tech Medical and Expert Testimony

Realtime and Video Online Streaming

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Certified Videographers and Interpreters

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Online Transcript and Exhibit Access

Document Depository and Scanning Services

Certified Tape Transcription by CSRs

Available for US or International Travel

GLOBAL REPORTING amp VIDEOCONFERENCING NATIONWIDE CONFERENCE ROOMS


Please comment on the potential benefits andor detriments of the upcoming change in Cali-fornia law with respect to marijuana effective January 1 2018 pursuant to the passage of SB 94 [Medicinal and Adult-Use Cannabis Regulation and Safety Act]

A few months ago I recovered what was estimated to be $30000000 worth of medical cannabis for a local business These folks have a license to do home delivery but it took time for me to get the charges dropped and to secure the return of the product While waiting at the Sheriffrsquos station a sheriff who has been engaged in the anti-cannabis efforts in the county for years mentioned that he had recently been in Colorado with his family He was relaxing in a Denver park and commented to a local on the parkrsquos beauty how much he had been admiring the city its green spaces and apparently strong economy ldquoYesrdquo the local replied ldquothe marijuana taxes and the jobs created have made a huge dif-ference hererdquo The local talked about how they now have money for schools law enforcement and drug programs It obviously made an impression

After that conversation I had a chance to check into the current situation myself in both Colorado and Washington Visiting both states I noted that no one is thinking their laws are extraordinary at all The ldquonewrdquo relationship with adult use of cannabis doesnrsquot feel ldquonewrdquo anymore That will happen here too

Benefits and detriments 25 years ago I learned about the medical benefits of cannabis by meeting observing and ul-timately representing the WoMenrsquos Alliance for Medical Marijuana (WAMM) Then in 1996 despite the dire warn-ings from many medical cannabis made cannabis practical-ly legal in California

Now at last we are increasingly free from the terrible results of the years of the war on cannabis prison and a felony con-viction for people using a drug that has been known to ben-efit people for over 4000 years without one overdose death

Taxes Absolutely a big deal Santa Cruz County recent-ly paid one million dollars for an environmental review to assess the best way forward for our county This indepen-dent body concluded that if we are ldquopermissiverdquo in our ap-proach and include those people who have registered with the county showing they want to be regulated and pay taxes like other ag business people we will generate not only mil-lions in taxes but likely 600 good paying jobs Monterey

County enjoyed $3 million in the cultivation taxes alone last year and believe they will enjoy $7 million this year Our Board of Supervisors will soon decide our Countyrsquos path forwardhellip hopefully they will adapt the suggested permissive approach

Detriments Driving under the influence is a significant issue The Colorado and Washington history regarding DUIs is still being sorted out Cannabis can be found in onersquos blood long after it has lost its mind-altering qual-ities Most of the blood tests from drivers in accidents where cannabis has been found also had other drugs es-pecially alcohol in their system Experts have largely con-cluded that most people who are high on cannabis alone have some degree of impairment but are successful at counteracting it by being more careful instead of speeding up like folks who have been drinking

Early use by teens is another important consideration I was privileged to participate with Lt Gov Newsomrsquos Blue Ribbon Commission on Cannabis Law and Pol-icy This issue was very important to the Commission and many ideas were promoted and incorporated into the statersquos new laws We absolutely need to learn from the mistakes made regarding tobacco and alcohol ndash for example advertisements and representations directed at children must be outlawed After attorneys busted big tobaccorsquos scurrilous but successful ad campaigns directed at kids there was a reduction of teen usage

The good news is that the recognition about smart ap-proaches has led to early success teen use of cannabis has remained flat in both Colorado and Washington since legal-ization of adult use Irsquod be happy to share Commission ma-terials and have a number of recent studies including US government studies regarding teen use and driving under the influence of marijuana benricelawgmailcom

The Governor and Legislature have created a strong framework for our ldquonewrdquo cannabis laws Now itrsquos up to our local jurisdictions to determine the details you know what they say about the details

-Ben Rice Esq

We had only one response to the Pulse Line question this quarter but as you will see it provides quite a thoughtful and in depth consideration of the question


340 Soquel Avenue Suite 209Santa Cruz California 95062tel 831-423-5031 fax 831-423-6202email sccbarsbcglobalnetwwwsantacruzbarorgwwwlawyerreferralsantacruzorg

President Burleigh Cooper 423-5031Past President Nathan Benjamin 600-8405Secretary Nancy de la Pena 454-2032Treasurer James Eschen 466-0753Directors At Large Angela Hoyt 479-6217 Eric John Nelson 588-4818 Andrew Janecki 459-0427 Ashley Wheelock 471-7170

Executive Director Lolly Belanger 423-5031Editor Burleigh Cooper 423-5031Newsletter LayoutDesign Evelyn Volpa 685-3314

Bar Briefs is published four times each year by the Santa Cruz County Bar As-sociation Inc (SCCBA) The opinions expressed herein do not necessarily represent the opinions of the SCCBA its officers directors members or the editor

Editorial submissions to Bar Briefs are welcome However we accept no responsibility for the custody or return of materials submitted for publication

All submissions for publication become the exclusive property of SCCBA All rights reserved

Advertising rates and policies are made available by the SCCBA Board and Executive Director Acceptance of advertisments for publication does not constitute an endorsement or recom-mendation of products or services advertised

Copyright copy 2018 SCCBA

Santa Cruz CountyBar Association

Calendar 03

Presidentrsquos Message 06

Articles

Judge Morse Retires 08

LRS 30th Anniversary 10

Cannabis Licensing Manager 13

CRLA Report 15

Member Spotlight 24

Sleeping Giant Second Mortgages 26

Announcement

Mock Trial Seeks Scoring Attorneys 14

Information and Updates

Bench Bar 22

Membership Update 05

State Bar Update 25

EventsPhotos

Judge Morse Celebration 16

September 28 MCLE 18

October 17 MCLE 19

November 9 MCLE 20

December 8 MCLE 21

Pulse Line 28

TABLE OF CONTENTS

ADVERTISERS INDEX

Casagrande Dan - Reverse Mortgage 07Creekside Court Reporting 25Hartsell Olivieri - Shorthand Reporting 07Haussler Lu - Mediation 20JAMS - The Resolution Experts 12Premo Steve - Legal ResearchWriting 07Pulone - Reporting Services 27


Jan

Feb

Wed 10

Thurs 11

Thurs 11

Wed 17

Wed 17

Thurs 8

Thurs 8

Tues 20

Wed 21










MCLE

MCLE

MCLE

MCLE

MCLE

MCLE


Wed 14

Thurs 15

Thurs 15

Wed 21





MCLE

MCLE

MCLE











Bar Briefs Newsleer



39 Pai Ad


21 Article





1 Annua Meetin

1 Fal Flin




2017 By the Numbers







2 Staff 14 Intern















Continued next page











NMLS 561104







NMLS 561104




Fax 831-423-7189























































































September 28 2017

SCCBA MCLE




October 17 2017

SCCBA MCLE




November 9 2017

SCCBA MCLE


FREE YOURSELF


THE OTHER BAR





December 8 2017

SCCBA MCLE




















Details to Follow







By Emily DuBois Esq







































































-Ben Rice Esq



Jan

Feb

Wed 10

Thurs 11

Thurs 11

Wed 17

Wed 17

Thurs 8

Thurs 8

Tues 20

Wed 21










MCLE

MCLE

MCLE

MCLE

MCLE

MCLE


Wed 14

Thurs 15

Thurs 15

Wed 21





MCLE

MCLE

MCLE











Bar Briefs Newsleer



39 Pai Ad


21 Article





1 Annua Meetin

1 Fal Flin




2017 By the Numbers







2 Staff 14 Intern















Continued next page











NMLS 561104







NMLS 561104




Fax 831-423-7189























































































September 28 2017

SCCBA MCLE




October 17 2017

SCCBA MCLE




November 9 2017

SCCBA MCLE


FREE YOURSELF


THE OTHER BAR





December 8 2017

SCCBA MCLE




















Details to Follow







By Emily DuBois Esq







































































-Ben Rice Esq



Wed 14

Thurs 15

Thurs 15

Wed 21





MCLE

MCLE

MCLE











Bar Briefs Newsleer



39 Pai Ad


21 Article





1 Annua Meetin

1 Fal Flin




2017 By the Numbers







2 Staff 14 Intern















Continued next page











NMLS 561104







NMLS 561104




Fax 831-423-7189























































































September 28 2017

SCCBA MCLE




October 17 2017

SCCBA MCLE




November 9 2017

SCCBA MCLE


FREE YOURSELF


THE OTHER BAR





December 8 2017

SCCBA MCLE




















Details to Follow







By Emily DuBois Esq







































































-Ben Rice Esq






Bar Briefs Newsleer



39 Pai Ad


21 Article





1 Annua Meetin

1 Fal Flin




2017 By the Numbers







2 Staff 14 Intern















Continued next page











NMLS 561104







NMLS 561104




Fax 831-423-7189























































































September 28 2017

SCCBA MCLE




October 17 2017

SCCBA MCLE




November 9 2017

SCCBA MCLE


FREE YOURSELF


THE OTHER BAR





December 8 2017

SCCBA MCLE




















Details to Follow







By Emily DuBois Esq







































































-Ben Rice Esq
















Continued next page











NMLS 561104







NMLS 561104




Fax 831-423-7189























































































September 28 2017

SCCBA MCLE




October 17 2017

SCCBA MCLE




November 9 2017

SCCBA MCLE


FREE YOURSELF


THE OTHER BAR





December 8 2017

SCCBA MCLE




















Details to Follow







By Emily DuBois Esq







































































-Ben Rice Esq












NMLS 561104







NMLS 561104




Fax 831-423-7189























































































September 28 2017

SCCBA MCLE




October 17 2017

SCCBA MCLE




November 9 2017

SCCBA MCLE


FREE YOURSELF


THE OTHER BAR





December 8 2017

SCCBA MCLE




















Details to Follow







By Emily DuBois Esq







































































-Ben Rice Esq
























































































September 28 2017

SCCBA MCLE




October 17 2017

SCCBA MCLE




November 9 2017

SCCBA MCLE


FREE YOURSELF


THE OTHER BAR





December 8 2017

SCCBA MCLE




















Details to Follow







By Emily DuBois Esq







































































-Ben Rice Esq




October 17 2017

SCCBA MCLE




November 9 2017

SCCBA MCLE


FREE YOURSELF


THE OTHER BAR





December 8 2017

SCCBA MCLE




















Details to Follow







By Emily DuBois Esq







































































-Ben Rice Esq




November 9 2017

SCCBA MCLE


FREE YOURSELF


THE OTHER BAR





December 8 2017

SCCBA MCLE




















Details to Follow







By Emily DuBois Esq







































































-Ben Rice Esq




December 8 2017

SCCBA MCLE




















Details to Follow







By Emily DuBois Esq







































































-Ben Rice Esq




















Details to Follow







By Emily DuBois Esq







































































-Ben Rice Esq








By Emily DuBois Esq







































































-Ben Rice Esq



































































-Ben Rice Esq


lawy e rr f al service 30 year s 30 ye a r s bar briefs q 2018 dec 14.pdf · “top tax tips for...

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