Western San Bernardino County Bar Association BAR …wsbcba.org/wp-content/uploads/2013/07/September-Bar-Bulletin.pdf · compete while wearing a hijab. We also saw the first ... Zahra

Volume XVI Issue 9 www.wsbcba.org September 2016

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PPPRESIDENTRESIDENTRESIDENT’’’SSS DDDESKESKESK - By: Diane M. Hartog

Welcome New WSBCBA Members

Brian D. Mitchell, Esq. - Kendall Gkikas &

Mitchell, LLP

Daniel Edwards - ULV - Law Student

Western San Bernardino County Bar AssociationWestern San Bernardino County Bar AssociationWestern San Bernardino County Bar Association

BAR BULLETINBAR BULLETINBAR BULLETIN

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.

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.

PAGE 2 www.wsbcba.org September 2016

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 black-

belt 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

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

2016 Olympic Games

By WSBCBA Director, Angelique Bonanno


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.

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

Intellectual Property Practice Group Alert

Brexit: What EU Trademark Owners Should Know

http://www.lisbon-treaty.org/wcm/the-lisbon-treaty/treaty-on-European-union-and-comments/title-6-final-provisions/137-article-50.html


By Tony Sears

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

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

September

Almanac


September Almanac Continued from page 4

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

MARK YOUR CALENDARS!

Family Court Judicial Forum

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.nbi-

sems.com. Also, please feel free to submit your

questions directly to Angelique which will be

submitted to the Judicial Officers in advance.

http://www.nbi-sems.com

http://www.nbi-sems.com


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!

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.






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

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.

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


(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


Phone: (951) 235-5221

Website: www.empirecourt reporters.com

10% OFF ALL DEPOSITIONS AND FREE

CONDENSED TRANSCRIPT

Contact: Karen Diaz

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Contact: Barbara Young RN LNC (909) 562-1554

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May 8, 2016 May 30, 2016




NEWS BULLETIN

Western San Bernardino County Bar Association

8409 Utica Avenue • PO Box 624


Phone: (909) 483-0548 Fax: (909) 483-0553

Email: [email protected] ~ Website: www.wsbcba.org

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

EXECUTIVE DIRECTOR

Deva Mora

PRSTD STD

U.S. Postage

PAID PI 17

Rancho Cucamonga, CA

60 Years of Promoting Success in the Inland Empire

SAVE THE DATES:

Bench Bar BBQ

6:00 p.m. - 9:00 p.m.

September 16, 2016

Rancho Cucamonga

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

2016-2017 Installation of Officers

Awards Ceremony

5:00 p.m. - 8:30 p.m.

October 6, 2016

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

Documents

Western San Bernardino County Bar Association BAR …wsbcba.org/wp-content/uploads/2013/07/September-Bar-Bulletin.pdf · compete while wearing a hijab. We also saw the first ... Zahra