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ISSUE 11 A KERN COUNTY PARALEGAL ASSOCIATION PUBLICATION

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Kern County

Paralegal

Association

P.O. Box 2673

Bakersfield, CA 93303

www.kcpaonline.org

Page 3: President’s Message

Page 4: Community Affairs

Page 12: Calendar of Events

Page 20: Attorney Stick

Page 25: Sustaining Members

Page 26: KCPA 2015-2016 Board

Members

Page 6: July Luncheon Announcement

Page 7: 10 Helpful Tips on Preparing a

Meet and Confer Letter

Page 11: Board Member Spotlight

Page 14: Membership Application

Page 21: Job Postings

Page 22: 6450 Compliance and You

Page 23: Recipes

Page 24: Aflac and CAPA

The Paralegal Post August 2015

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August is already upon us. That came fast!

The Board had its retreat on last month and we have

some exciting events coming up throughout the year

that we hope you’ll be as excited about as we are.

The first is Bowling with the Board and Meeting Your

Team. We’ll be hosting a bowling event on

September 26, 2015 at the Westchester Lanes in

Bakersfield. We’ll be providing more details soon, so

be on the look out! I bet you’re wondering what

team it is you are supposed to be meeting… well,

KCPA also have a team for the 2015 Bakersfield Heart

& Stroke Walk and Lawyers Have Heart 5K Run at

the CSU Bakersfield Amphitheater on October 17,

2015. You can register by going to

BakersfieldHeartWalk.kintera.org and search for

“Kern County Paralegal Association” as the team.

(Please note that it is a team and not a company so

you do need to search for it; it will not be one of the

companies listed.) The link is also posted on

Facebook and our website. There is no charge to

participate in the Heart Walk (untimed), but all

walkers who raise $100 will receive an official Heart

Walk t-shirt. There is a $35.00 charge for the Lawyers

Have Heart Run (timed). We hope you’ll join us! We

have more events in the works for the end of this

year and next year and we hope you’ll join us for

what we have planned.

Please remember that our luncheons have changed to

the Petroleum Club of Bakersfield beginning this

month. We hope you’ll join us for Jeffrey Travis

speaking on “Tiptoeing Through Minefields”: Ten

things to do and not do during discovery in a family

law proceeding on August 13, 2015. (I’ve seen the

PowerPoint on this one—it’ll be entertaining!)

For our Community Affairs opportunity for August,

KCPA is collecting cash donations to benefit The Kern

County 999 Foundation, an organization whose

mission is to recognize and honor Kern County's fallen

peace officers who gave their lives 'In The Line of

Duty' serving the citizens of Kern County, and provide

support to the family members left behind. (Please

make checks payable to KCPA.) Donations will be

accepted at our August luncheon, however, if you are

not able to attend and would still like to donate,

please contact Kristen Foster.

As a few reminders as we begin the new year:

1. Membership Applications are due. Please make

sure to have them to Shontice Yates no later than

September 15, 2015.

2. We have a great Board again this year, please let

us know what you’d like to see from your

association this year and we’ll see what we can

make happen.

3. CAPA is celebrating 40 years next year. The 40

year anniversary present is a ruby—what are your

ideas on a theme for the education conference

next year? (Oh, and rubies are spread out

throughout the newsletter. Cherri Jo Bassler won

a $10 Panera gift card for June’s ladybug find. Can

you find all the rubies? - E-mail me with

how many you find!)

4. Stay Calm. Our hearts are important to us— and

stress does not help, but in our profession, there

is always some level of stress. In conjunction with

our Heart Walk Team, here are Four Ways to Deal

with Stress: www.heart.org/HEARTORG/

GettingHealthy/StressManagement/

FourWaystoDealWithStress/Four-Ways-to-Deal-

with-Stress_UCM_307996_Article.jsp.

Stay Healthy and Stay Happy!

~Makala E. Reha, ACP

http://www.heart.org/HEARTORG/GettingHealthy/StressManagement/FourWaystoDealWithStress/Four-Ways-to-Deal-with-Stress_UCM_307996_Article.jsp




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August

For our Community Affairs opportunity for

August, KCPA is collecting cash donations to

benefit The Kern County 999 Foundation, an

organization whose mission is to recognize and

honor Kern County's fallen peace officers who

gave their lives 'In The Line of Duty' serving the

citizens of Kern County, and provide support to

the family members left behind.

Please make checks payable to KCPA.


September

For September’s community affairs opportunity, KCPA

is organizing a clothing drive to benefit Stella hills

Elementary School. Stella Hills School is proud of the

challenging learning opportunities offered to the

students of their community. However, from time to

time families experience hardships that become barriers

to children learning to their fullest capacity. Donations

of new or gently used clothing, jackets, coats, hoodies,

(including new underwear, training bras, and socks) for

elementary school-aged children may be submitted at

the September MCLE Meeting.

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When a discovery dispute arises between counsel in

California state court, the attorneys are required to

“meet and confer” prior to filing a motion to compel

further discovery responses. (See, California Code of

Civil Procedure §§ 2016.040; 2023.010(i)) The

moving party of a motion to compel who fails to meet

and confer prior to filing the motion will be

sanctioned by the court. (See, California Code of Civil

Procedure § 2023.020)

What does it mean to “meet and confer?” California

Code of Civil Procedure § 2023.010(i) defines

conferring as “in person, by telephone, or by letter

with an opposing party or attorney in a reasonable and

good faith attempt to resolve informally any dispute

concerning discovery.” The case of Obregon v.

Superior Court (1998) 67 Cal.App.4th 424, 431

provides clarification on the requirements to meet and

confer. The Obregon court stated that:

"The Discovery Act requires that, prior to the

initiation of a motion to compel, the moving

party declare that he or she has made a serious

attempt to obtain 'an informal resolution of

each issue.' This rule is designed 'to encourage

the parties to work out their differences

informally so as to avoid the necessity for a

formal order....' This, in turn, will lessen the

burden on the court and reduce the

unnecessary expenditure of resources by

litigants through promotion of informal,

extrajudicial resolution of discovery disputes.

10 Helpful Tips on Preparing a Meet and Confer Letter

By: Barbara Hass, ACP/CAS, Senior Paralegal at Chain | Cohn | Stiles.

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A determination of whether an attempt at

informal resolution is adequate ... involves the

exercise of discretion. The level of effort at

informal resolution which satisfies the

'reasonable and good faith attempt' standard

depends upon the circumstances. In a larger,

more complex discovery context, a greater

effort at informal resolution may be warranted.

In a simpler, or more narrowly focused case, a

more modest effort may suffice. The history of

the litigation, the nature of the interaction

between counsel, the nature of the issues, the

type and scope of discovery requested, the

prospects for success and other similar factors

can be relevant. Judges have broad powers and

responsibility to determine what measure and

procedures are appropriate in varying

circumstances." (Obregon v. Superior Court

(1998) 67 Cal.App.4th 424, 431)

In most circumstances, the effort to meet and confer

will begin with a letter by the attorney who

propounded the discovery to the attorney who

responded to the discovery. The purpose of this letter

is twofold: to begin the meet and confer process with

counsel, and if a motion to compel is required, to

attach the letter to the motion as an exhibit showing

the court that the moving party has made a good faith

effort to meet and confer prior to the filing of the

motion. However, simply sending of a letter stating

that responses are inadequate and demanding a further

response is not a properly prepared meet and confer

letter. Below are 10 tips in preparing a meet and

confer letter.

Tip 1: Don’t Delay: Time is of the essence in

resolving a discovery dispute. Be sure to docket for

the last day to file a motion to compel further

responses to the discovery. California Code of Civil

Procedure §§ 2030.300, 2031.310 and 2033.290

require a motion to compel further responses to be

filed with the court within 45 days of the service of

the verified responses. Therefore, don’t wait until the

40th day to send a meet and confer letter.

Tip 2: Be Professional: At all times, use appropriate

professional language and tone in a meet and confer

letter. It is inappropriate to insult or demean an

opposing attorney in an effort to make a legal point.

Tip 3: Direct the Letter to the Lead Attorney: It is

not uncommon to have two or more attorneys

working on a case, particularly if the case is heavily

litigated. However, when there are multiple attorneys,

there is always a lead attorney. When a discovery

dispute arises, it is respectful to address the meet and

confer letter to the lead attorney, and then list the

other attorney’s name below the lead attorney’s name.

Tip 4: Opening Paragraph: The opening paragraph

should list exactly what discovery is in dispute. I also

set forth the code section that requires the parties to

meet and confer. There should be no confusion from

the onset as to why the letter is being sent. For

example:

I am in receipt of defendant, Acme Company’s

Responses to Form Interrogatories and

Request for Production of Documents

propounded by plaintiff, Sally Smith.

Unfortunately, some of defendant’s discovery

responses are inadequate, and the objections

are not well taken and without merit.

Accordingly, I am writing pursuant to

California Code of Civil Procedure Section

2023.010(i) to request that you further

respond to the discovery outlined below, as

follows:


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Tip 5: Compartmentalize the Letter: A meet and

confer letter is easier to understand if it is

compartmentalized. Following the opening

paragraph, it is helpful if the body of the letter is

separated into sections by discovery, with each

subsection containing a heading by disputed response

number. For example:

Responses to Form Interrogatories

Response to Form Interrogatory No. 4.1:

[Paragraph stating the request, opposing

counsel’s response, and the legal argument

why a further response is warranted.]


[Paragraph stating the request, opposing

counsel’s response, and the legal argument

why a further response is warranted.]

Tip 6: Provide Supporting Argument: For each

response that is in dispute, the meet and confer letter

should provide:

1. A summary of the discovery request (or

verbatim, depending on the attorney’s

preference);

2. A summary of the discovery response or

objection (or verbatim, depending on the

attorney’s preference); and,

3. The legal argument as to why a further

response is warranted.

The reason I prepare a meet and confer letter in this

manner is because I am thinking ahead to the

preparation of the motion to compel and separate

statement of items in dispute. In the event a motion is

required, the legal argument is already prepared. The

example shown below is an argument that I have used

in the past in a meet and confer letter:


Form Interrogatory asks for any photographs,

films, or videotapes depicting any place,

object, or individual concerning the incident

or the plaintiff’s injuries. Defendant objected

to this interrogatories on the grounds that it,

“calls for information protected from

disclosure by the attorney-client privilege,

attorney work-product and/or expert consult

privilege.

The stated objections of attorney client and

work product privileges are without merit. It

is clear that the attorney-client privilege only

attaches to the substance of communications

between a litigant and his or her counsel and

made under circumstances supporting a

reasonable expectation of privacy. That is not

the case here. Nothing in this interrogatory

asks the defendant for any information

regarding the substance of communications

between the defendant and its counsel when

made under circumstances supporting a

reasonable expectation of privacy. Clients

cannot create a privilege for information,

which, by its nature, is non-confidential in

character simply by turning it over to an

attorney “in confidence.” (San Francisco

Unified School Dist. v. Sup.Ct. (1961) 55

Cal.2d 451, 456; Suezaki v. Sup.Ct. (1962) 58

Cal.2d 166, 176.)

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Thus, documents in the public domain, witness

statements, physical evidence and like material

which has an independent existence--i.e.,

materials not created for the purpose of

communicating information between attorney

and client--do not become privileged simply

because they are delivered by the client to the

lawyer. (Wellpoint Health Networks, Inc. v.

Sup.Ct. (1997) 59 Cal.App.4th 110, 119; see

Holm v. Sup.Ct. (1954) 42 Cal.2d 500,

507.) Moreover, information conveyed by a

third person (non-client) to the client's lawyer

is not a protected communication unless the

third person is acting as the client's agent for

that purpose or is a “reasonably necessary”

third party. (Grosslight v. Sup.Ct. (1977) 72

Cal.App.3d 502, 506.)

Furthermore, the attorney work product

doctrine is codified in California Code of

Civil Procedure Sections 2018.020 and

2018.030, which provides in relevant part:

“2018.020. It is the policy of the state to do

both of the following: (a) Preserve the rights

of attorneys to prepare cases for trial with that

degree of privacy necessary to encourage them

to prepare their cases thoroughly and to

investigate not only the favorable but the

unfavorable aspects of those cases. (b) Prevent

attorneys from taking undue advantage of their

adversary's industry and efforts.

2018.030. (a) A writing that reflects an

attorney's impressions, conclusions, opinions,

or legal research or theories is not

discoverable under any circumstances. (b) The

work product of an attorney, other than a

writing described in subdivision (a), is not

discoverable unless the court determines that

denial of discovery will unfairly prejudice the

party seeking discovery in preparing that

party's claim or defense or will result in an

injustice.”

The work product rule in California creates for the attorney a qualified privilege against discovery of general work product and an absolute privilege against disclosure of writings containing the attorney’s impressions, conclusions, opinions or legal theories. (Alaska Exploration, Inc. v. Superior Court (1988) 199 Cal.App.3d 1240, 1250.

The Discovery Act does not define “work product” beyond the provision requiring a greater protection for attorneys’ mental impressions. The definition of “work product” is thus left to case law. Under California case law, the mere fact that attorney “work” has gone into obtaining the material does not make it “work product.” Work product protection extends only to “derivative” materials; those created by or derived from an attorney’s work on behalf of a client that reflects the attorney’s evaluation or interpretation of the law or the facts involved. “Non-derivative” materials are those that are only evidentiary in character. These are not protected even if attorney “work” may have gone into locating and identifying them. Mack v. Su. Ct. (State of California) (1968) 259 CA 2d 7, 10. Photographs, or other visual depictions of physical evidence, even taken by an expert consultant, do not become privileged attorney work product merely because it is requested by, or turned over to counsel. Furthermore, photographs do not fall within the absolute privilege against disclosure of writings containing the attorney’s impressions, conclusions, opinions or legal theories.

Photographs, or other visual depictions of physical evidence, taken by the attorney or the attorney’s expert, may be treated as non-derivative material, and thus discoverable as mere evidence. A photograph is merely a two dimensional representation of a then existing three dimensional reality and is mere evidence subject to production.

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“Document” means a writing as defined in

Evidence Code Section 250 [California Code

of Civil Procedure Section 2016.020(c)].

Evidence Code Section 250 defines "writing"

as:

“…handwriting, typewriting, printing,

photostating, photographing, photocopying,

transmitting by electronic mail or facsimile,

and every other means of recording upon any

tangible thing, any form of communication or

representation, including letters, words,

pictures, sounds, or symbols, or

combinations thereof, and any record

thereby created, regardless of the manner in

which the record has been stored.”

It thus includes photographs and every other

means of recording upon any tangible thing

regardless of the manner in which the record

has been stored. Such evidence should be

disclosed to opposing counsel, and mere

evidence should not be hidden by a party.

Therefore, please further respond to Form

Interrogatory number 12.4 by providing the

information requested, including but not

limited to, the number of photographs or film,

or videotape; the places, objects, or persons

photographed, filmed, or videotaped; the date

the photographs, films, or videotapes were

taken; the name, address, and telephone

number of the individual taking the

photographs, films, or videotapes; and, the

name, address, and telephone number of each

person who has the original or a copy of the

photographs, films, or videotapes.

Tip 7: Conclusion: The conclusion should provide a

date for the opposing attorney to provide a further

response. It is important to provide the opposing

attorney with sufficient time to further respond to the

discovery. The conclusion should also advise the

opposing attorney that a motion to compel will be

filed if the attorney fails to further respond to the

requested discovery. Lastly, the conclusion should

advise the opposing attorney if sanctions are going to

be requested in the motion. For example:

In an effort to alleviate the necessity of placing

a motion before the court, I request that you

serve further responses on or before [Date].

Otherwise, I will be obligated to protect my

client’s interests by serving a motion to

compel. Also, if such a motion is requisite,

you should be aware that monetary and/or

other sanctions will be sought.

Tip 8: The Attorney Signature: A discovery

dispute is between the attorneys, not the paralegal and

the opposing attorney. Therefore, a meet and confer

letter should be signed by the lead attorney.

Tip 9: Keep a Copy of the Signed Letter: Always

keep a copy of the signed meet and confer letter.

Remember that if a motion to compel is required, the

letter will be attached to the motion as an exhibit.

That is why it is important for the letter to be

professional, neat, and properly presented.

Tip 10: Send the Letter by Facsimile and U.S.

Mail: A meet and confer letter should be sent in a

manner whereby the opposing attorney will receive it

the same day the letter is finalized. Therefore, fax the

letter and then mail the original to the recipient.

Kayleen G. Clements has worked as a paralegal in environmental and pharmaceutical

law in Texas. Upon moving to California in 2013, she has worked as a paralegal in both

family and construction defect law. She graduated Magna Cum Laude with a Bachelor of

Arts in Political Science from the University of St. Thomas in Houston, Texas, and has

been working in the legal field off and on for more than 30 years, including insurance

defense, probate, real estate and corporate. Kayleen is thrilled to become a part of the

Kern County Paralegal Association's team.

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Date Location Event

August 13, 2015 The Petroleum Club Jeffrey Travis

September 7, 2015 Kern County Superior

Court Closed

Labor Day

September 10, 2015 The Petroleum Club Larry Peake

September 26, 2015 Westchester Lanes KCPA Bowling

October 8, 2015 The Petroleum Club Matthew McCartney:

October 12, 2015 Kern County Superior

Court Close

Columbus Day

October 17, 2015 CSU Bakersfield

Amphitheater

AHA Heart Walk

November 11, 2015 Kern County Superior

Court Closed

Veteran’s Day


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By Craig Braun


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Full or Part time paralegal position now

available with the Law Office of Michael T.

Whittington. Five years minimum experience in

civil litigation, preferably business or real estate

related. Starting salary commensurate with

experience and skills. Notary preferred, but not

required to begin. Non-legal experience in either

property management, escrow/title or real estate

broker office will also be considered. Bi-lingual

not a requirement, but a huge plus.

Office is located at the corner of Stockdale

Hwy and Old River, convenient to the new

Parkway. Sole practitioner since 1993 with well-

established real estate and business practice.

Approximately 50% litigation and 50%

transactional. Flexible work schedule to

accommodate family needs. Relaxed work

atmosphere. Please send email and resume to

[email protected].

10000 Stockdale Hwy., Ste 380


(661) 664-6899

(661) 664-6799 fax

MTWlawyer.com

Paralegal (Bakersfield)

Immediate opening for Paralegal with ability to perform delegated substantive legal work with an emphasis in construction defect including knowledge of subcontractor files, homeowner files, accounting records, job

cost details, plans and specifications, S.B. 800 documents, tracking tenders, and preparation of matrices and indices. Must possess ability to participate in case planning, development and management; legal research; fact gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical information for input into Excel spreadsheets. Must be proficient in Microsoft Word, Excel, Outlook, Adobe Acrobat and possess excellent written and oral communication skills, be detail oriented, and able to prioritize multiple assignments in a timely manner. Candidate must meet the requirements and be in compliance with California Business Code Section 6450. Competitive salary and benefit package offered. To apply, please email resume to [email protected].

mailto:[email protected]

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23

Apple Cake

Mix By Hand (Cream Together)

2 Eggs

2 Cups Sugar

Stir In

4 Cups Peeled, Cut Up Apples

Stir In The Following:

½ Cup Vegetable Oil

1 Cup Chopped Walnuts

2 Teaspoons Cinnamon

1 Teaspoon Vanilla

2 Teaspoons Baking Soda

¾ Teaspoon Salt

2 Cups Flour

Pour Into A Greased And Floured 13 X 9" Pan

Topping:

Stir Together Until Crumbly:

1 Cup Brown Sugar

¼ Cup Softened Butter

¼ Cup Chopped Walnuts

¼ Cup Flour

Sprinkle Over Unbaked Cake

Bake At 350 For 45 Minutes To One Hour.

Provided to KCPA to prepare a cookbook.


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The Parlegal Post July 2015 The Paralegal Post August 2015

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Advanced Micro Resource

3434 Truxtun Avenue, Suite 180


(661) 377-2934

Attorney’s Certified Services

1731 16th Street


(661) 327-8022

AMS Legal Support Services

31 H Street


(661) 324-8018

Belden Blaine, LLP

5100 California Avenue, Suite 101


(661) 864-7826

Dowling Aaron Incorporated



(661) 716-3000

First Legal Network

1527 19th Street, Suite 214


(855) 378-9433

GKL Corporate/Search Inc.

One Capitol Mall, Suite 660

Sacramento, CA 95814

(800) 446-5455

Keleher’s Certified Shorthand Reporters

3400 Unicorn Road, Suite 101


(661) 393-1856

Kern Legal Services, Inc.

1614 W. Temple Street

Los Angeles, CA 90026

(800) 675-5376

Klein, DeNatale, Goldner, et al.

4550 California Avenue, 2nd Floor


(661) 395-1000

Law Offices of Erica M. Scott

1430 Truxtun Avenue, 5th Floor


(661) 616-1352

Edward J. Thomas



(661) 322-1777

Tejon Ranch Company

P.O. Box 1000

Lebec, CA 93243

(661) 248-3000

Trans-West Special Services, Inc.

8503 Crippen Street


(661) 834-07111

Wood & Randall

900 Truxtun Avenue, Suite 320


(661) 395-0726

Support our Sustaining Members


26

.

2015-2016 KCPA Executive Board

P.O. Box 2673


www.kcpaonline.org

KCPA is one of eleven CAPA

affiliates.

President and CAPA Secondary

MAKALA E. REHA, ACP

(661) 395-1000

[email protected]

Vice President and Treasurer

AMBER BREWER

(661) 395-1000

[email protected]

[email protected]

Secretary

WHITNEY RADCLIFF

(714) 421-2716

[email protected]

Programs/Education Director and

CAPA Primary

SASHA GADBERRY

(661) 395-1000

[email protected]

[email protected]

Newsletter Editor

KAYLEEN CLEMENTS

(661) 322-3051

[email protected]

Webmaster

TROY THOMPSON

[email protected]

Member Services

SHONTICE YATES

(661) 395-1000

[email protected]

Community Affairs

KRISTEN FOSTER

(661) 324-2866

[email protected]

Public Information Officer

KAREN CLEMANS

(661) 395-1000

[email protected]

Student Representative

JULIANN SOMERS

(661) 395-1000

[email protected]
