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REAL ESTATE ARBITRATOR Over 30 years experience as a real estate lawyer dealing with industrial, commercial,office and shopping centers including purchases, sales, leasing, ground leasing, financing, development, joint ventures, construction, brokerage, title insurance, easementsand protective covenants. 18 years as counsel to the forms committee of the American Industrial Real EstateAssociation, publishers of the AIR ease and purchase forms. Real estate law and ADR lecturer on CA State Bar sponsored programs, the extensionArthur Mazirowdivisions of UCLA, UCI, UCSB and various educational and realty organizations. AAA Commercial Panel Member.Tel 310-255-6114 Fax 310-391-4042 Email am@ffslaw.com3415 S. Sepulveda Blvd, Los Angeles CA 90034LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OFTHE LOS ANGELES COUNTY BAR ASSOCIATION261 S. Figueroa Street, Suite 300, Los Angeles, CA 90012-2503Telephone 213/627-2727Visit us on the Internet at www.lacba.orgASSOCIATION OFFICERS:PresidentROBIN MEADOWPresident-ElectJOHN J. COLLINSSenior Vice PresidentEDITH R. MATTHAIVice President/TreasurerCHARLES E. MICHAELSAssistant Vice PresidentBERNARD E. LESAGEAssistant Vice PresidentDANETTE E. MEYERSAssistant Vice PresidentGRETCHEN M. NELSONThe National Institute for Trial AdvocacyBuilding Trial Skills ProgramJanuary 2n10, 2004 Loyola Law SchoolNITA's Building Trial Skills program is the keyto advancing your trial skills training.To register or for more information call: 800-225-6482NITA is a State Bar of California MCLE approved provider.National Institute for Trial AdvocacyNotre Dame Law School P.O. Box 6500 Notre Dame, IN 46556-6500Fax: 574-271-8375 E-mail: nita.1@nd.edu www.nita.orgExecutive DirectorRICHARD WALCHAssociate Executive Director/General CounselW. CLARK BROWNBOARD OF TRUSTEESDAVID B. BABBELINDA D. BARKERSCOTT W. CARLSONLUCI-ELLEN M. CHUNKATESSA CHARLES DAVISKERRY J. DOCKSTADERGARY A. FARWELLDEBRA S. FRANKRICHARD B. GOETZCRISTINA E. PEREZ GONZALEZRITA GUNASEKARANSTEPHEN T. HOLZERBRUCE G. IWASAKISAMANTHA PHILLIPS JESSNERHERBERT KATZJEFF KICHAVENDENA A. KLEEMANJOEL W.H. KLEINBERGPHILIP H. LAMLAWRENCE E. LEONEELAINE W. MANDELJAMES C. MARTINJUDITH SEEDS MILLERJENNIFER F. NOVAKCYNTHIA F. PASTERNAKAMY M. PELLMANWINSTON A. PETERSMARGARET P. STEVENSKIYOKO TATSUIKATHLEEN J. TUTTLESCOTT E. WHEELERAFFILIATED BAR ASSOCIATIONSBEVERLY HILLS BAR ASSOCIATIONBLACK WOMEN LAWYERS ASSOCIATION OF LOS ANGELES, INC.CENTURY CITY BAR ASSOCIATIONCONSUMER ATTORNEYS ASSOCIATION OF LOS ANGELESCULVER/MARINA BAR ASSOCIATIONEASTERN BAR ASSOCIATION OF LOS ANGELES COUNTYGLENDALE BAR ASSOCIATIONITALIAN AMERICAN LAWYERS ASSOCIATIONJAPANESE AMERICAN BAR ASSOCIATION OF GREATER LOS ANGELESJOHN M. LANGSTON BAR ASSOCIATIONKOREAN AMERICAN BAR ASSOCIATION OF SOUTHERN CALIFORNIALAWYERS’ CLUB OF LOS ANGELES COUNTYLESBIAN AND GAY LAWYERS ASSOCIATION OF LOS ANGELESLONG BEACH BAR ASSOCIATIONMEXICAN AMERICAN BAR ASSOCIATIONPASADENA BAR ASSOCIATIONSAN FERNANDO VALLEY BAR ASSOCIATIONSAN GABRIEL VALLEY BAR ASSOCIATIONSANTA MONICA BAR ASSOCIATIONSOUTH ASIAN BAR ASSOCIATION OF SOUTHERN CALIFORNIASOUTH BAY BAR ASSOCIATION OF LOS ANGELES COUNTY, INC.SOUTHEAST DISTRICT BAR ASSOCIATIONSOUTHERN CALIFORNIA CHINESE LAWYERS ASSOCIATIONWHITTIER BAR ASSOCIATIONWOMEN LAWYERS ASSOCIATION OF LOS ANGELES6 LOS ANGELES LAWYER / NOVEMBER 2003

Is A Malpractice Insurance CrisisLooming In Your Horizon?Are You Ready?Over 15 11 carriers have withdrawn from the California market. Will your carrier be next?The changes in the marketplace are troubling. It is an unknown future.Non-renewals are commonplace. Some carriers can’t securesufficient reinsurance to operate their professional liability programs.A major carrier was recently declared insolvent. Other carriers have beendowngraded by A.M. Best. Severe underwriting restrictionsare now being imposed. Rates are not certain.It’s all very unsettling.Be prepared. Be informed.Lawyers’ Mutual Policyholders are . . . . . and have been for the past 25 yearsSecure Your Future.Insure With Lawyers’ Mutual.Investigate Lawyers’ Mutual.Call us directly at (800) 252-2045.Find us at www.lawyersmutual.comEmail us at lmic@lawyersmutual.comLAWYERS’ MUTUAL INSURANCE COMPANY 3110 West Empire Avenue, Burbank, CA 91504

frominvisibleFURNITURthechairBy Jerry AbelesEcan be seen. Upscale,downscale, and in between.Office furniture for discerningtastes at peerless prices.The invisible priceis always right.We’ve got it.Nationwide.The finest traditional furnitureat non-traditional prices!invisiblefurniture.com818 757-1444Legislative Intent.You probably seldomneed it.But when the need does arise,it can be crucial to winningyour case.Tracking down sources of information can bea frustrating and time consuming process.When legislative history is important to yourcase it can be very cost effective to engage ourprofessional expertise to research the historyand intent of the statutes or administrativeenactments at issue in your case.When you call, you can explain whatyou need, or tell me your situation and I canmake suggestions on possible approaches.You can draw on my years of experience, soyou will know what is likely to be availableon your topic. You will get a precise quotefor the cost of the project. When youauthorize us to proceed, the report will be inyour office on the date you specify.JAN RAYMONDLEGISLATIVE HISTORY & INTENTToll Free (888) 676-1947Fax (530) 750-0190 E-mail: jan@naj.net.www.naj.netState Bar #887038 LOS ANGELES LAWYER / NOVEMBER 2003admissions recently blessed by the U.S.erhaps the most frequently asked quesSupreme Court. The magazine’s methodoltion I receive as chair of the magaogy, though, long predated the one employedzine’s Editorial Board is: “How do Iby the University of Michigan Law Schoolget my picture on the cover of Los Angelesthat was reviewed by the Court. We believe,Lawyer?” It should be no surprise how vain thethough cannot confirm, that the Supremeattorneys in this town are, especially thoseCourt was so enamored with our cover selecwho are interested in writing an article. Thetion process that it used it as aquestion, though, is certainlyJerry Abeles is abasis for admissions programslegitimate (and one that I, in alitigation partner inthroughout the country.rare moment of vanity, askedthe Los Angeles ofThe cover is ultimatelymany years ago when I joinedfice of Friedemannselected by the magazine’s prothe Editorial Board).O’Brien Goldberg &fessional staff, based on all theOn a percentage basis, it isZarian LLP. He is thecriteria. We, the volunteer memmore difficult to find one’s facechair of the 2003-04bers of the Editorial Board, foron the cover of this magazineLos Angeles Lawyergood or for ill, play no role inthan it is for a college student toEditorial Board.selecting the cover. If you do notget into one of this countr y’sbelieve me, feel free to tr y toelite law schools. We publish 11bribe your way onto the cover.issues each year, which containThere is only one way to guarantee anapproximately 70 substantive articles fromappearance on the cover, and that is towhich a cover article is selected. The cover ofbecome the president of the Association. Ifthe July/August issue always features thebeing on the magazine’s cover is truly yourincoming president of the Los Angeles Countygoal, now is the time to become an activeBar Association, which leaves only 10 covmember in the Association and start the longers for which nearly 70 authors vie each year.climb up the ladder.The magazine’s goal is to feature attorThere are also a few ways to guaranteeneys who represent the diverse membershipthat you will not grace our cover. No memberof the Association. An attorney from one of thenation’s largest firms may be on the cover one of the magazine’s Editorial Board can appearon the cover, even if we fit all the criteria andmonth, while a sole practitioner could gracesubmit an insightful article that would havethe cover the next. Attorneys with 35 years ofreceived cover placement had it been writtenexperience are as likely to appear as thoseby an attorney who is not a member of thewho graduated from law school within theboard. Nor can attorneys who do not practicepast five years. A broad-based, diverse pracin Los Angeles County—unless they aretice gives an author no more chance for covermembers of the Association. Nonattorneysplacement than an attorney with a niche spegenerally do not make the cover, though a fewcialty. We seek to highlight the variety of sub(notably actors Alan Alda and Mel Brooksstantive law areas in which the Association’sand rappers 2 Live Crew) sneak onto themembership practices. Periodically, race andcover of the annual Entertainment Law issue.gender are factored into the equation.And under no circumstance can a law firm’sThe articles appearing in each issue alsopublic relations team “buy” or “ensure” placeplay a role in the selection of the cover. Thement on the cover.cover article is one that we hope will haveThe cover selection process is neither artwide appeal to our readers, the members ofnor science and certainly cannot be gamed.the County Bar. Most preferable is an articleAs with graduate school admissions, whilethat will be of interest even to attorneys whocertain facts (a well-written article that hasdo not practice in the field reflected by thebroad interest) can weigh in an author’s favor,article.those facts cannot guarantee that the author’sIn short, the approach is holistic, embracface will land in 22,000 mailboxes. ing a wide range of factors, most of which arebeyond each author’s control. In many ways,the magazine’s cover selection process iscomparable to the approach to law schoolP

See what you’ve been missing.Introducing the Matthew Bender Practice Guide.The revolutionary new way to build your case.Start your research in the pages of Matthew Bender Practice Guide: California Pretrial Civil Procedureand California Civil Discovery. There, you’ll easily find the quick and complete analyses you need, whether you havea single question or a complex research project. You’ll get strategy pointers from authorities in the field as well asa vast collection of checklists and forms to streamline your research. And because you use online services to getdaily updates for cases, news, and other sources, you’ll find online search tipsright in the pages of your practice guides. Once connected to lexis.com , theDiscover ainnovations of the LexisNexis Total Research System make it easy to accessnew world ofa library of critical sources such as Deering’s California Annotated Codes,print and onlineintegration, onlyCalifornia Forms of Pleading & Practice, and the California Official Reports.from LexisNexis .It’s a smarter way to work—and it fits on your desk, with room to spare.For more information, call 877.810.5324 and mention code 202649Check out these titles and more at www.lexisnexis.com/bookstoreLexisNexis and the Knowledge Burst logo are trademarks and lexis.com is a registered trademark of Reed Elsevier Properties Inc., used under license.It’s How You Know is a trademark of LexisNexis, a division of Reed Elsevier Inc. Matthew Bender is a registered trademark of Matthew Bender Properties Inc. 2003 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.AL6346

barristerstipsBy Luci-Ellen ChunKeeping Track of Trial DeadlinesSpending some time to calendar the countdownto trial helps attorneys focus on each stepn the past, civil cases could take five years to get to trial. At thetime of this writing, however, the trial delay reduction program setsthe goal that 90 percent of general civil cases must be completedwithin one year after filing, 98 percent within 18 months, and 100 percent within 24 months after filing. Following this mandate, it is possible to chart a time line for a hypothetical civil case. The time lineassumes that no extensions or exceptions apply, and each day listedis the last day on which the action may be completed.On day one, the complaint is filed. On this day it is worth your timeto mark your calendar. Deadlines will approach quickly. Check thedeadlines for discovery in California Code of Civil Procedure Sections2019 et seq. and mark the deadlines as they apply to your case. Underthe California Rules of Court, the summons and complaint must beserved and the proof of service (POS) must be filed with the courtby day 60. If the POS is not filed on time, the court can issue an orderto show cause, and the attorney who missed the deadline will haveto explain why the POS was not filed on time. Also during the first twomonths, discovery is scheduled or has begun.The Internet can be of great assistance in keeping a case onschedule. Association members can access interactive Judicial Councilforms and obtain information on where to file at the Association’s Website (www.lacba.org). The site also offers a searchable superior courtcivil register, profiles of jurists, superior court calendars, hours,phone numbers, maps, and parking information. California code sections can be found at the California legislative information site atwww.leginfo.ca.gov/calaw.html. In addition, Judicial Council forms andthe California Rules of Court can be found at the Judicial Council Website at www.courtinfo.ca.gov.Under the rules of court, by day 90 responsive pleadings must befiled. If the defendant has not responded to the complaint, the plaintiff can request an entry of default at day 100. By day 135 (approximately four months), the plaintiff must send the notice of case management conference to the defendant. In addition, both sides must fillout and file Judicial Council Form CM-110, which is the case management statement. By day 150 (15 days after the notice), the partiesshould meet and confer, with counsel prepared to discuss each itemon the case management statement.By day 180, the court must hold the initial case management conference. At the conference, the attorney must appear personally(unless excused by the court) and should be prepared to discuss thestatus of the case. The court will then issue a case managementorder, which will provide additional deadlines. The deadlines that theattorney will need to add to the calendar may include the trial date andthe dates for status and settlement conferences. If a jury trial isdemanded, the attorney should be sure to pay the fees on time. ByI10 LOS ANGELES LAWYER / NOVEMBER 2003day 210, the court may refer the case to judicial arbitration underGovernment Code Section 68616(g).At this time, the progression to trial begins to accelerate. Day 230is the last day on which counsel may file (and serve by personal service) a motion for summary judgment. Notice of the motion and supporting papers must be served at least 75 days before the hearing, withthe motion to be heard no later than 30 days before the trial. The attorney should therefore calendar extra time to correct or supplement themotion before the hearing date. Day 245 is the deadline to stipulateto mediation.An opposition to a motion for summary judgment must be filed atleast 14 days before the hearing date (day 291), and counsel shouldfile before this deadline if service is not via personal service. The replyis due at least 5 days before the hearing. The discovery “cut off” andthe hearing on the motion for summary judgment (day 305) followquickly thereafter. Then, on day 320, counsel should be ready for ahearing on discovery motions and to exchange witness lists, exhibitlists, and trial briefs. Five days later the final status conference occurs,and on day 335 the trial begins.Proposed New RulesIn January, a consortium of attorneys expressed concern to ChiefJustice Ronald George over the application of the trial delay reductionprogram—and in particular, the percentage goals in Standard 9 of theCalifornia Rules of Court. In February, the Judicial Council appointeda Blue Ribbon Panel to make recommendations, which it did in July.In October (before the publication of this article), the CaliforniaJudicial Council is expected to decide on the proposals, which areintended to make civil case managementprocedures more flexible. The proposedchanges should allow courts to focus onthe facts of each case and observe theCode of Civil Procedure when settingdeadlines for discovery.However, whether these proposedchanges are implemented or not, counsel should be sure to review applicablestatutes and rules. Numerous deadlineswill occur besides those that appear onthe basic time line. There will be depoLuci-Ellen Chun issitions, status conferences, and attemptspresident-elect of theat settlement. In addition, it is quite likelyBarristers.that occasions will arise on which service proves defective or supplemental oramended documents need to be filed.

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practicetipsBy John I. Gordon and Xuhua HuangThe New Climate for InternationalInvestment in ChinaKey reforms openservices, venture capital investments, and logistics to supportup China’s financial the next phase of its economicgrowth. These fields are alsoservices, ventureamong California’s traditionallystrong economic drivers. On thecapital, andheels of these reforms, a number of major California-basedlogistics sectorsmultinational companies areactively increasing their investments and commitments withhina’s recent entry into the China. The time is now ripe forWorld Trade Organization well-placed medium- and smaller(WTO), the most impor- sized California enterprises totant economic event in that coun- enter the Chinese market andtry since its economic reforms take advantage of China’s lowbegan more than 20 years ago, wage labor costs, developingsignals its willingness to assume labor skills, reduced restrictionsan important role in the global and red tape, and progressiveeconomy. These developments business climate.Opening the doors wider toare particularly important to LosAngeles. In 2002, China replaced outsiders, while monumental, isJapan as Los Angeles’s top trad- but one side of China’s WTOing par tner, as two-way trade reform efforts. China is certainlyencouraging worldbetween China andJohn I. Gordon pracindustr y and serthe United Statestices in Los Angelesvices to move intoin the Los Angelesand Hong Kong inChina, but theCustoms Districtassociation with therecent Chineserose to 55 billion.PRC law firm King &reforms also supOf that amount, theWood and specializespor t Chinese inimports from Chiin Sino-foreign transdustr y and serna into greateractions. Xuhua Huangvices in movingSouthern Califoris a partner of King &overseas and pronia were 49 bilWood, where hemoting Chineselion, or 32.4 perpractices corporatebrands and goodscent of the region’sfinance law. Wendyabroad. The realtotal value of cusYan assisted in theinteraction andtoms imports, and,research for thisef fect of China’swith 6.1 billionarticle.WTO entr y iswor th of goods,therefore multifacChina became theeted and compreregion’s secondlargest export destination and hensive as China’s economyaccounted for 9.6 percent of the matures and internationalizes byvalue of Los Angeles’s total over- engaging the world as both arecipient and contributor of capseas sales.1Pursuant to its new WTO ital and technology. This rise ofcommitments, China has opened China as a global participant inup the key sectors of financial the world economy, with capitalC12 LOS ANGELES LAWYER / NOVEMBER 2003flowing in and out of the country, is the long-term, revolutionar y ef fect of China’s WTOreforms.The Basic ReformsChina’s fledgling financial services market, for years reservedonly for domestic firms, is nowbeing substantially opened toexperienced foreign providers.In an important legislative steptoward fulfillment of China’sWTO commitments in the capitalmarket sector, the ChinaSecurities Regulatory Commission (CSRC) issued the Regulations for Establishment of Securities Companies with ForeignCapital (henceforth, SecuritiesCompany Regulations) and theRegulations for Establishment ofFund Management Companieswith Foreign Capital (henceforth,Fund Management CompanyRegulations), both of which became effective on July 1, 2002.The two sets of regulationsestablish the basic parametersfor securities companies and fundmanagement companies with foreign capital (SCFCs andFMCFCs, respectively). Thetypes of businesses that SCFCsand FMCFCs may conduct, however, are quite different. SCFCsare allowed to operate a broadscope of businesses, includingthe underwriting of RMB-denominated2 shares (A Shares); theunderwriting and brokering offoreign currency denominatedshares

SOUTH BAY BAR ASSOCIATION OF LOS ANGELES COUNTY, INC. SOUTHEAST DISTRICT BAR ASSOCIATION SOUTHERN CALIFORNIA CHINESE LAWYERS ASSOCIATION WHITTIER BAR ASSOCIATION WOMEN LAWYERS ASSOCIATION OF LOS ANGELES REAL ESTATE ARBITRATOR Over 30 years experience as a real estate lawyer dealing with industrial, commercial,