I hope that all of you are staying safe during COVID, and I hope that we are all through this pandemic soon.
We had our third Board meeting of the year which was a virtual meeting, as have been the past two, on Friday, August 21, 2020 at 2:00PM. At that time, we were fortunate to have Luther Battiste who is the National President, as well as Peter Riley who is the National Foundation President, address the Board and speak to us about national issues and what is going on with National ABOTA and with the Foundation. It was great to hear from both of them, and please note that there will be elections for National ABOTA Vice President that begin on September 14, 2020.
Further note that Chapters should submit their civility award winner names to Jenny Blevins before the first week of November so that CAL-ABOTA can recognize the Chapters' civility award winners if Chapters give such an award this year.
The next National Board Meeting is scheduled for October 3, 2020, and it will be virtual.
The first National Board Meeting for 2021 takes place with Grace Weatherly as the new President from January 21 to January 23, 2021 at the Ritz-Carlton Bacara in Santa Barbara.
Currently, there are 1,653 members of CAL-ABOTA and Chapters should be receiving their portion of the yearly dues that were collected soon if you haven't received those already.
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2020 Trial Lawyer of the Year Nominees:
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California Coast
John H. Howard
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Los Angeles
Linda Miller Savitt
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Orange County
Eric V. Traut
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Sacramento Valley Dominique Pollara
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San Bernardino/Riverside Michael J. Marlatt
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San Francisco
Cynthia McGuinn
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San Joaquin Valley Dennis R. Thelen
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The 2020 award selection was rolled over to next year as we have to pick a Trial Lawyer of the Year in person and the chapters have the choice to re-nominate the same individual or to nominate a new individual if they so choose for 2021.
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Unfortunately, the difficult decision was made to cancel the Hawaiian Conference for 2020 due to COVID-19, which I think was a good decision because of the 14-day quarantine required by Hawaii as of this date and we don't know for how much longer.
Please look for the Hawaii Conference information as to next year. Don Carlson, who will be the incoming President-Elect will give us some more information but we may be attending the Fairmont Kea Lani on Maui on November 2-6, 2021.
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Even though no one is able to get together in person, there are multiple chapters that have held events or are going to hold events.
Orange County will hold a Civility Matters Webinar on September 23, 2020. They will also be conducting one of their extremely popular Teacher's Law School programs utilizing the Zoom format. SEE CIVILITY MATTERS FLYER HERE.
The Los Angeles chapter held a Civility Matters Webinar entitled “Civility Matters Now More Than Ever.” The event was very well attended with hundreds Zooming in. Los Angeles is also holding a virtual Masters-In-Trial program in October/November.
Sacramento Valley reports that they will be holding a Nuts & Bolts All Day MIT program on October 14. The seminar is providing the attendees with some of the hard to get MCLE credits such as substance abuse and diversity. It will be virtually held and many of their leaders will be providing some educational tricks on subjects like evidence and liens.
San Bernardino/Riverside reports that it will be teaming up with a local mediation vendor to host a Civility Matters webinar. There was also a meeting between the Riverside Bench, RCBA, and their chapter to discuss the New Lawyers Academy for their eighth year. There had already been interest shown from prospective students on signing up necessitating the joint meeting.
San Diego held an MCLE event on August 13. The webinar was extremely relevant in today’s day and age as it had LA-ABOTA member, Ricardo Echeverria and U.S. District Court Judge Anthony Battaglia, discussing the topic we all are trying to come to terms with “Dealing with Civil Trials in the COVID World."
The San Francisco chapter reports holding five Civility Matters Programs over the past couple of months. They also have an upcoming MCLE event planned where they have teamed up with one of their sponsors to discuss the topic of “Settling Cases During a Pandemic." Finally, the chapter is not cancelling their MIT which still has plans to be held during the upcoming Fall season. Way to go SF!!
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All of the Chapter leaders attended the recent Board Meeting with their president and former president, as well as incoming president, and it was wonderful to at least chat with them on Zoom. They all gave reports on what they are doing. Chris Wesierski has been fortunate to attend some of the meetings virtually.
The Cal Coast Chapter had a program in May with a local judge talking about the status of the courts. They plan on having three programs in October with civility matters and practice in the time of COVID being topics.
The Los Angeles Chapter held a webinar on June 18 entitled Civility Matters Now More than Ever with the presiding judge from Los Angeles, as well as a number of ABOTA lawyers. There will be a Masters in Trial program in October/November.
The Orange County Chapter is working on a version of ABOTA civility matters for a virtual presentation with the Orange County Superior Court Presiding Judge as a presenter on the program. In addition, the Chapter is presenting on October 22, 2020 a one-hour program entitled, Putting Together An Effective Demand Letter and How To Begin Settlement Discussions in collaboration with the Orange County Trial Lawyers Association. This also will be a Zoom program. The Orange County Chapter is also planning a Teacher's Law School in collaboration with the Orange County Department of Education. This is going to feature prominent speakers and will happen in October. Finally, the Orange County Chapter also will present a James Otis lecture that will be taped as a lecture. The Orange County Chapter is awarding a $5,000 scholarship to one of the local law students and has proceeded with a fellowship program for the year.
The Sacramento Valley Chapter is going to have six different topical subjects such as depositions, summary judgment, race and implicit bias in the practice of law, as well as ethics, liens, evidence in October and looks like it will be a great program. The chapter made donations to the ABOTA Foundation and McGeorge School of Law for the Feed The Students program.
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The San Bernardino/Riverside Chapter is having a Civility Matters webinar on October 15, and will hold a virtual member meeting in the Fall. Their annual Judge’s Night is usually held in October but may be changed due to COVID-19 and the lack of trials, and their Installation Dinner for officers including the Civility Award announcement is set for December 4, but may also be changed.
The San Diego Chapter has been devoting time assisting the Superior Court with a backlog of civil matters. They had a June Chapter Dinner held by Zoom with the Presiding Judge for the District Court providing a 'State of The Court' Address. There is another Chapter dinner set for October 29 with guest speaker, Richard Lederer, and they hope to have a holiday party in December.
The San Francisco Chapter has done multiple events. They have sent the ABOTA National Guide for Conducting Jury Trials to aid presiding judges and assistant presiding judges. They co-sponsored with East Texas a webinar on Who's Zooming Who: Taking Virtual Depositions Aretha Franklin Style. They raised over $7,000 with that fundraiser. They plan to hold a Masters in Trial program via Zoom, as well as a Civility Matters program and they so far have held three different programs by Zoom with bar associations and two with private firms. They expect to complete six Civility Matters programs this year. They are holding a Zoom webinar on how to resolve cases featuring one of their sponsors. They are producing a photo directory of the membership which will be a resource guide as well as fundraiser.
The San Joaquin Valley Chapter held a meeting July 16, 2020. They changed their Chapter Bylaws at that meeting and received a speech by Luther Battiste on the status of National ABOTA and a speech by Chris Wesierski on the status of CAL-ABOTA.
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Unfortunately, there have been a number of individuals who have passed away this year including the following individuals that we would like to recognize from ABOTA:
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JUSTICE WILLIAM RYLAARSDAM
Orange County Chapter
By Barbara Foster, Wife of Justice Rylaarsdam
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On August 3, The Honorable William Frederick Rylaarsdam passed from this world to another quietly at home. Justice Rylaarsdam’s life was a testament to courage, caring, and conviction. Courage in stepping out when things were difficult, caring for others when he knew he could make a difference, and conviction to upholding the law and the constitution.
Throughout his career as an attorney, a judge, and an appellant court justice on the California Court of Appeal, he never lost sight of the value of those around him, the value of being a mentor, and the value of being an immigrant who was blessed with the opportunity to live in the United States of America.
His approach to life, his willingness to mentor others, and his desire to keep learning was a shining light for others to follow.
Unfortunately, with COVID, we are unable to celebrate Justice Rylaarsdam’s life in person. However, in lieu of a celebration, I have established a Justice Rylaarsdam Scholarship Fund at Loyola Law School where he graduated first in his class. As his wife, I ask that you consider making a donation in his honor by following this LINK. Bill was an amazing man and this scholarship will ensure that his legacy will live on through the lives of well-deserving students.
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DONALD S. WALTER
Sacramento Valley Chapter
By Michael J. Conlan and Steven H. Gurnee
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It is with great sadness that we report the death of our dedicated and beloved member and former partner, Donald Steele Walter. Don died at home on Monday, August 17, 2020, after a long and courageous battle with Parkinson’s Disease. Don’s wife, Katherine (Tooper) and his caregiver, Robert, were with him when he died.
Don was born in San Francisco on November 24,1935. He graduated from Berkeley High School and then attended U.C. Berkeley. There he was a member of Sigma Nu Fraternity and became its President. He was a lifetime Bear Backer. It was there he met his future partner Al Gawthrop.
After graduation, Don fulfilled his ROTC obligation with the U.S. Air Force and spent 2 or 3 years stationed in Japan where he learned to speak Japanese. After his discharge, he enrolled in law school at Berkeley’s Bolt Hall from which he graduated in 1963. While there and “hashing” at the Pi Beta Phi house, Don met the love of his life, Tooper, and they were married on December 18,1962. Following graduation and admission to the Bar, Don and Tooper moved to Sacramentowhere Don took his first job as a lawyer with CALTRANS. In 1964, Don began his long and successful career as a defense trial lawyer joining the Sacramento firm of Fitzwilliam, Memering, Stumbos & DeMers. Eleven years later in 1975, he left with several other partners (Dick Bolling, Marion Pothoven, Al Gawthrop, Jerry Peterson, Michael Conlan and Larry Angelo) to establish a new firm widely known as Bolling, Walter & Gawthrop. Although since disbanded, that firm became one of the largest defense firms in the Sacramento Valley.
Don was an exceptional trial lawyer who tried over 100 jury trials. Don became a member of the Sacramento Valley Chapter of ABOTA in 1978, the same year he served as President of the Association of Defense Counsel of Northern California and Nevada (“ADCNC”). Don also helped found and served as President of California Defense Counsel, the political arm of the civil defense bar. Don remained active in and a strong supporter of those organizations throughout his career. Known for his integrity and professionalism, Don was the recipient of the Sacramento Valley ABOTA Chapter’s James Gilwee Civility Award in 1999 and was honored as a “Legend of ABOTA” in 2013. After retiring from active trial work, Don became known as a respected mediator and arbitrator who was instrumental in resolving hundreds of cases.
Don and Tooper had two sons, Michael and Brian, and one grandchild, Brian’s son Zander. He leaves behind many friends as a member of the Sutter Club, Del Paso Country Club, and the Grandfathers Club of Sacramento. As many of you who have traveled with ABOTAwhen Don was on the trip, you will remember that Don loved to sing and dance, knew the words and melodies of many, many songs, and sang them well. He also played the ukulele. He will be missed by all.
Donations can be made to the Parkinson’s Assoc. of Northern California, 1024 Iron Point Road #1046, Folsom, Calif. 95639, 916-357-6641. Panc@panctoday.org.
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BRIAN D. MONAGHAN
San Diego Chapter | CAL-ABOTA 1998 Trial Lawyer of the Year Recipient
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The heart of an Irish warrior has come to rest. With his wife Gerri and his children by his side, Brian Dennis Sean Monaghan left this earth on Saturday, August 29th.Born in a hardscrabble environment in Philadelphia in 1939, Brian's football prowess helped him secure an appointment to the United States Naval Academy, class of 1962. He served several tours aboard destroyers during the Vietnam War and during that time learned an abiding respect for each and every person who served in uniform. Upon his discharge, he entered law school, graduating from Hastings College of Law in 1970. He worked for several years for Luce, Forward in San Diego before forming his own law practice.
His accomplishments as a plaintiffs' attorney are legendary and were reflected in the jury awards granted to his clients. Brian's career achievements were also reflected in the awards given to him by his peers. He received nine Outstanding Trial Lawyer Awards from the Consumer Attorneys of San Diego as well as recognition by that group as the Trial Lawyer of the Year on an unprecedented three separate occasions. In 1998, Brian received the California Trial Lawyer of the Year Award from the American Board of Trial Advocates. That same year he received the Steven Sharp Public Service Award from the 50,000 member American Trial Lawyers Association. READ MORE
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JUSTICE JAMES A. McINTYRE
San Diego Chapter
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Justice James A. McIntyre passed away from pancreatic cancer on Saturday, August 15, 2020. Justice Mc Intyre had been a name partner in the premier trial firm of McInnis Fitzgerald Rees Sharkey & McIntyre and was later appointed to the Superior Court bench followed by the Court of Appeal. He was a member of ABOTA and a Fellow in the American College of Trial Lawyers.
A mentor to many, Justice McIntyre was one of the smartest lawyers and quickest studies known. He was also a genuinely nice person, always with a ready smile and laugh.
Justice McIntyre was diagnosed with Stage 4 pancreatic cancer a mid-August and was hospitalized briefly before being discharged home. His family was with him when he passed.
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DOUGLAS R. REYNOLDS
San Diego Chapter
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The San Diego Chapter is sad to report that they have received word that ABOTA alum Douglas R. Reynolds has passed away. Mr. Reynolds was a graduate of UC Berkeley School of Law, and became a member of the State Bar in 1967.
“Doug Reynolds was a one-of-a-kind brilliant trial lawyer. He was a man of his word, a generous mentor, a renaissance man with many interests outside the law, an avid reader and a loyal friend.” Our condolences to his friends, family and colleagues.
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FRANKLIN (BUD) JOSEPH DIMINO
Orange County Chapter
February 4, 1933 - August 30, 2020
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It is with profound sadness that the family of Franklin (Bud) Joseph Dimino announce his peaceful passing on August 30, 2020, at the age of 87 years, at his longtime home in San Clemente. The paramount priority in Bud's life was "La Famiglia." He was an amazing and devoted husband, father, and grandfather. He is lovingly remembered by his wife of 65 years, Joan; his four children: Lynn ( Dave Hardman), Mark, Glen (Tracy), Robyn (Jeff Dumcum); his eight grandchildren, which were the love of his life; Julia, Jared and Jake Dumcum, Gia and Bella Dimino, and Mireya, Kai, and Kayla Hardman; brother, Bob (Kathy) Dimino; brother-in-law, John Ellison; brother-in-law, Frank Maceli and his wife Marie; as well as numerous nieces, nephews, and cousins. He was predeceased by his infant daughter, Tracy; sister, Joan Ellison; and his parents; Joseph and Anna Dimino.Bud was born in Brooklyn, New York, on February 4, 1933. From modest beginnings, he achieved the American dream through sheer will, sacrifice, and hard work. He received his undergraduate Bachelor of Arts Degree from Queens College in 1955, becoming the first member of his entire family to graduate from college. He joined the ROTC in college and subsequently served the United States Air Force as a pilot achieving the rank of captain. He retired from the United States Air Force Reserves in 1967. He attended the New York University School of Law and obtained his Juris Doctor degree in 1961.
He took and passed the California Bar Examination in 1961. He was sworn in as a member of the California State Bar and the Federal Bar in January 1962. Bud had a prestigious and extensive career as a trial and appellate attorney. He specialized in corporate, banking, real property, insurance, probate, medical, legal, and negligence law. From 1962 to 1968, he was a member of the firm of Parker, Stanbury, McGee, Peckham, and Garrett, and for the latter part of his association was a partner. He was a principal in the firm of Garrett and Dimino, Inc. from 1968 to 1980 and was the senior and managing partner in the firm of Dimino and Card. He was the senior and managing partner in Franklin J. Dimino, Inc. and Associates until his death. He tried cases in both State and Federal Court with recognition of his trial wins. He also achieved the highest AV rating in the Martindale -Hubbell Peer Review. Bud was a member of the Orange County Bar Association, the Los Angeles County Bar Association, the American Bar Association, and the State Bar of California. He was a Diplomat in the American Board of Trial Advocates, a member of the American Judicature Association, a member of the Association of Southern California Defense Counsel, a member of the Association of Trial Lawyers of America, a member of the Orange County Trial Lawyers' Association, a member of the California Trial Lawyers' Association and a member of the Lawyer Pilot's Bar Association. He was a member of the Investigative Committee Panel for District 8 of the State Bar of California in 1978 and 1979. He served as a Judge Pro Tempore in the Orange County Superior Court from 1971 until his death and has commendations for the same. He served as a member of the Professional Practices Committee of the Orange County Bar Association from 1970 through 1990. From 1976 through 1978, Bud was the Chairman of the Subcommittee on Professional Ethics Opinions of the Orange County Bar Association. He was a member of the Panel of Arbitrators of the Orange County Superior Court. He is listed in "Who's Who", "Who's Who in the West", "Who's Who in American Law", "Who's Who in Industry and Finance", and "American Bank Attorneys".On April 18, 1975, Bud was a founder of the Bank of San Clemente. READ MORE
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Thank you and take care,
Christopher P. Wesierski
President, CAL-ABOTA
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