Volume 2, Issue 1

In addition to full-text state and federal primary law materials and law reviews, the

library‘s subscription to Westlaw now includes access to California civil trial fil-

ings and to select formbooks and practice guides published by Thomson West. The

law library is pleased to offer access to the following Westlaw files at both the

Main and Branch libraries:

California State and

Federal Civil Trial Court

Filings (CA-FILING-ALL)

This database contains the full-

text of select documents filed in

California state and federal trial

courts since the year 2000.

Pleadings, motions, trial court

memoranda, proposed orders,

non-expert discovery docu-

ments, settlement agreements,

and jury verdict forms can be

retrieved using search tem-

plates, terms and connectors, or natural language searching. Using the search tem-

plates, database users can focus their results on pleadings that feature specific

causes of action, and retrieve points and authorities that support or oppose a vari-

ety of termination, discovery, trial, and post-trial motions. These successfully filed

documents can serve as model forms for drafting pleadings and motions.

Searching by party name or docket number, users can also retrieve and view the

documents filed in a specific case. Results can be further limited by court, judge,

attorney, or date filed.

California Civil Jury Instruction Filings (CA-JIF-CIV)

This file contains the full-text of jury instructions filed in California state and fed-

eral trial court cases since 2002. For each case, proposed and disputed instructions

submitted by both sides are provided, along with the final version of the instruc-

tions read to the jury. Users can retrieve the text of jury instructions given in par-

ticular types of civil actions, or search by docket number or party name to retrieve

all versions of jury instructions submitted in a case of interest. Cont’d on page 2...

Filings, Forms & Secondary Sources on Westlaw

Winter 2010

News From… The Alameda County Law Library

125 12th Street Oakland, CA 94607 (510) 208 -4800

Points of Interest:

Borrowing Privileges:

ANY attorney can ob-

tain a library borrowing

card for a fee of $5.00.

Collection Strengths:

-California practice

guides published by

Rutter Group, CEB, and

Matthew Bender.

-Extensive Taxation,

Bankruptcy & Federal

Practice collections.

Free Electronic Ser-

vices: Westlaw, Lexis,

Shepard’s, OnLaw,

VerdictSearch & Hei-

nOnline.

MCLE: CDs & DVDs

available for rent.

Conference Rooms:

available for rent.

Wi-Fi Hotspot!

MCLE Programs 3

Library Blog 3

Art Exhibit 4

FRCP Forms 4

Book Reviews 6-8

Judicial Research 5

Exemptions 6

Tort Claims 7

Inside this Issue:

Writs of Mandate 9-10

Screenshot of Library’s Westlaw Files

Cont’d from front page….

Legal Encyclopedias: American Law Reports (ALR), American Jurisprudence

(AMJUR), California Jurisprudence (CAJUR)

Full-text searchable, electronic versions of American Law Reports, American Jurispru-

dence, and California Jurisprudence are available through the library‘s Westlaw subscrip-

tion.

West’s California Code Forms with Practice Commentaries (CACF)

Searchable by code section or keyword, the California Code Forms with Practice Com-

mentaries database contains statutory forms associated with the following volumes of the

California code: Business and Professions, Civil, Civil Procedure, Commercial, Corpo-

rations, Education, Elections, Family, Fish and Game, Food and Agricultural, Govern-

ment, Insurance, Probate, Public Utilities, and Revenue and Taxation.

California Transactions Forms- Combined (CTF-ALL)

The California Transactions Forms database contains transactional forms included in the

California Transactions Forms-Business Entities, California Transactions Forms-

Business Transactions, California Transactions Forms-Estate Planning, and California

Transactions Forms-Family Law practice guides published by Thomson West.

California Real Estate Forms (Miller & Starr) (MILCALRE-FRM)

Locate residential and commercial real estate transaction forms related to real

property purchases, sales, leases, financing, and construction contracts pub-

lished in Miller & Starr California Real Estate Forms.

Rutter Group – California Practice Guides: Multibase (TRG-CA)

Users can search the full-text or browse the table of contents of each title in the

California Practice Guide series published by the Rutter Group. These popular

treatises offer attorneys guidance at every stage of the litigation process.

California Civil Practice – Combined (CCP-ALL)

This file contains the full-text of each title in the California Civil Practice series. These litigation guides pro-

vide analysis of relevant primary law, procedural checklists, and form templates.

PAGE 2 VOLUME 2, I SSUE 1

PAGE 3 VOLUME 2, I SSUE 1

The following MCLE programs will be held at the Main Library located at 125 12th Street in Oakland.

Monday, March 15, 2010, 12:30-1:30 p.m. “Social Security Disability and

SSI,” Presented by Richard Gutstadt, Social Security Disability Attorney

(1 Hour MCLE Credit).

Registration Form: http://www.acgov.org/law/SS_flyer_registration.pdf

Tuesday, March 30, 2010, noon-1:00 p.m.“HeinOnline: A

Different Kind of Legal Database,” Presented by Sean Kaneshiro, JD and Ref-

erence Librarian

(1 Hour MCLE Credit).

Registration Form: http://www.acgov.org/law/HeinOnlineProgramFlyer.pdf

Wednesday, April 14, 2010, 12:30 –1:30 p.m. “Proving Mental and Emotional

Injuries,” Presented by John D. Winer, Attorney and Author of Proving Mental

& Emotional Injuries (James Publishing), (1 Hour MCLE Credit).

Registration Form:

http://www.acgov.org/law/ProvingmentalREGISTRATIONFORM.pdf

Tuesday, April 27, 2010, 12:30– 1:30 p.m. “Attorney’s Guide to Efficiently Us-

ing CEB OnLaw,” Presented by Continuing Education of the Bar (1

Hour MCLE Credit). Complimentary lunch provided noon-12:30 p.m.

Registration Form:

http://www.acgov.org/law/CEBOnLawFlyerApril2010.pdf

Tuesday, May 11, 2010, noon-1:00 p.m. 13th Annual Witkin Institute:

“How to Make Winning and Ethical Use of Legislative History,”

Presented by Carolina Rose, JD and President of Legislative Research Inc.

(1 Unit Legal Ethics Credit)

Registration Form: forthcoming

Upcoming MCLE Programs @ the Law Library

The Alameda County Law Library has launched The Advance Sheet, a blog designed to inform library users

and legal researchers of upcoming library events, newly acquired print and electronic resources, useful legal

websites, and recent developments in the law. The blog is updated and maintained by staff librarians at the

Alameda County Law Library.

Follow us at: http://aclawlib.wordpress.com/

NEWSFLASH

Law Library Hosts Juried Art Exhibit

PAGE 4 VOLUME 2, I SSUE 1

Suzanne D‘Arcy, Waiting for the Amtrak

California Art Club at the Bernard E. Witkin Alameda County Law Library

Treasures of the East Bay: Paintings by Local Artists

A Centennial Exhibition of the California Art Club

Exhibit of Juried Works: March 5 – July 9, 2010

The ―Illustrative Civil Rules Forms‖ included in the Federal Rules of Civil Procedure, Appendix of Forms are

now available on the U.S. Courts‘ Website in Microsoft Word compatible rich text format. The purpose of this

series of form templates is articulated in FRCP Rule 84, which reads: ―The forms in the Appendix suffice un-

der these rules and illustrate the simplicity and brevity that these rules contemplate.‖

Included in the list of form templates are forms for summons, several types of motions,

and a variety of complaints, which illustrate the requirements of notice pleading.

The Appendix of Forms can be viewed here: http://www.uscourts.gov/rules/

cvforms2.htm

Where is it Now?: FRCP “Appendix of Forms”

Hoping to gain insight into a judge‘s proclivities, preferences, and possible biases, attorneys and self-

represented litigants scheduled to appear before a judge often seek out sources of biographical information that

discuss the judges formative influences and experiences.

The law library maintains two major sources of judicial biographical information, Daily Journal Judicial Pro-

files, a compilation of judicial profiles that have appeared in the San Francisco Daily Journal and the Los An-

geles Daily Journal, and California Courts & Judges, a two-volume judicial directory published by James

Publishing.

Daily Journal Judicial Profiles

In addition to standard information about education and work history, the judicial profiles

published by the Daily Journal frequently feature information about a judge‘s character

and personal attributes, demeanor in the courtroom, hobbies and interests, pet peeves,

community involvement, high profile cases, and attitude toward pro per litigants. Particu-

larly illuminating are anecdotes from colleagues and the impressions of attorneys who

have argued cases before the judge.

The law library maintains a complete collection of profiles for Northern California Superior Court judges,

California Appellate and Supreme Court justices, California District Court judges, Ninth Circuit justices, and

Ninth Circuit Bankruptcy judges.

California Courts & Judges, James Publishing

Organized alphabetically by last name, California Courts & Judges contains in-depth

profiles of California state and federal trial and appellate judges and justices. In con-

structing the profiles, the authors solicit comments from district attorneys, public de-

fenders, and attorneys who have tried cases before the judge. In the ―Attorneys‘ Com-

ments‖ section of each profile, the attorneys interviewed offer their perceptions con-

cerning the judge‘s temperament/demeanor, intelligence/legal knowledge, handling of

motions and continuances, effectiveness in facilitating settlements, prosecution or de-

fense orientation, and courtroom management style. Profiles of retired judges and jus-

tices from California state, federal and bankruptcy courts are also included.

Web-Based Resources

The websites of the California state appellate courts and federal trial and appellate courts contain a wealth of

factual information about sitting judges and justices that may be of interest to litigants, including their educa-

tional background, previous judicial appointments, professional experience, teaching experience, publications,

memberships, and personal information.

California 1st District Court of Appeal Justice Biographies: http://www.courtinfo.ca.gov/courts/

courtsofappeal/1stDistrict/justices.htm

California Supreme Court Justice Biographies: http://www.courtinfo.ca.gov/courts/supreme/justices.htm

California Northern District Judge Biographies: http://www.ce9.uscourts.gov/district_judges.asp?d=5

California Northern District Magistrate Judge Biographies: http://www.ce9.uscourts.gov/

magistrate_judges.asp?d=5

Ninth Circuit Court Justice Biographies: http://www.ce9.uscourts.gov/ninthcircuit/circuit_judges.html

Research Your Judge in Print and Online

PAGE 5 VOLUME 2, I SSUE 1

PAGE 6 VOLUME 2, I SSUE 1

NEW TITLE!: Asset Protection Strategies & Forms

In this exciting new title from James Publishing, the authors offer attorneys sophisticated estate planning

strategies for legally shielding a client‘s assets from creditors, spouses, lawsuits, and the IRS. Having a sound

asset protection plan in place is critical for anyone at risk of default, divorce, bankruptcy, or adverse judg-

ments, and can also reduce tax liability and preserve assets for future generations.

A variety of asset protection devices are examined, with discussion given to the advantages, disadvantages,

and implications of each:

Domestic asset protection trusts (DAPTS), including discretionary non-self-

settled trusts, dynasty trusts, and intentionally defective grantor trusts (IDGT)

International asset protection trusts (IAPTS)

International life insurance and annuities

Intra-family ownership of real property- how to take title, gifts, premarital and

postnuptial agreements

Business structures, including corporations, family limited partnerships (FLPs),

and limited liability companies (LLCs)

Life insurance, financed insurance, and captive insurance

Incorporating one or more of these devices into a client‘s estate plan, savvy attorneys can structure the owner-

ship of assets to make them unattractive or unreachable to creditors. Form templates and sample clauses are

included for each type of attorney-drafted device. A discussion of the law of fraudulent transfers can help you

to identify and avoid potentially illegal transactions, which may expose the attorney who facilitates the trans-

action to professional discipline and/or civil or criminal penalties. In the last chapter of the text, the authors

offer suggestions for using various asset protection strategies to achieve specific objectives, including protect-

ing a family home, protecting a professional practice, protecting real estate, and protecting wealth.

Asset Protection Strategies & Forms is an excellent resource for estate planning attorneys seeking creative

strategies for protecting their clients‘ assets while minimizing their own liability.

A bibliography of the law library‘s estate planning and probate resources can be found here:

http://www.acgov.org/law/Estate_Planning_Probate_Law_Bibliography.pdf

The California Judicial Council has created a two page alphabetical list of the assets that are exempt from at-

tachment, with citations to governing state or federal code sections. This handy

“Exemptions from the Enforcement of Judgments” reference sheet can be viewed here:

http://courtinfo.ca.gov/forms/fillable/ej155.pdf

The Administrative Office of the Court has prepared a handout listing the

“Current Dollar Amounts Exempt from the Enforcement of Judgment” for various

types of assets: http://www.courtinfo.ca.gov/forms/documents/exemptions.pdf

These lists are extremely useful for individuals attempting to enforce or oppose the enforcement of a judgment.

Assets Exempt from the Enforcement of Judgment

PAGE 7 VOLUME 2, I SSUE 1

Pursuant to the California Government Claims Act (Govt C sec. 810-996.6), before an individual seeking to

recover money or damages from a public entity or public employee may bring suit against the public entity or

public employee, they must first file a claim against that entity.

Many California government entities and agencies make the official claim forms available online. At the law

library, we frequently receive requests for the following claim forms:

California Government Claims Form: http://www.boc.ca.gov/docs/forms/claims/GCClaimForm.pdf

Claim Against Alameda County: http://www.acgov.org/clerk/forms/claimagainstcounty.pdf

Claim Against the City of Oakland: http://www.oaklandcityattorney.org/PDFS/CLAIM.PDF

Claim Against the City of Berkeley: http://www.ci.berkeley.ca.us/uploadedFiles/Attorney/Level_3_-

_General/Claim%20Form%20and%20Instructions.pdf

Claim Against CALTRANS: http://www.dot.ca.gov/dist4/instructions_claim.pdf

Claim Against Bay Area Rapid Transit (BART): http://www.bart.gov/docs/BART_Claim_Insur.pdf

Claim Against the Port of Oakland: http://www.portofoakland.com/pdf/claimform.pdf

The law library has several practice guides containing information about filing claims against the State:

California Government Tort Liability Practice, Continuing Education of the Bar

Handling Claims Against Government Entities, CEB Action Guides

California Forms of Pleading & Practice, Chapter 464: Public Entities & Officers: CA Tort Claims Act

In addition to physical harm, injuries often produce lasting psychological damage that can be difficult for out-

side observers to detect. Significant traumas may induce post-traumatic stress disorder, depressive and anxiety

disorders, and other psychological disorders that can drastically reduce a person‘s

quality of life. Yet plaintiffs and their attorneys often meet with resistance when at-

tempting to recover for mental and emotional injuries, struggling to convince skeptical

defense attorneys, judges, and jurors of the legitimacy of such claims, particularly in

cases when the harm suffered is primarily psychological.

In his comprehensive, two volume practice guide, Proving Mental and Emotional In-

juries, Oakland-based personal injury litigator John D. Winer offers strategies for

overcoming this resistance and maximizing recovery in psychological injury cases. Mr. Winer provides step-

by-step guidance at every stage of the litigation process, from case selection and evaluation, the initial inter-

view, and establishing causation, to retaining psychological experts, initiating the action, propounding and re-

sponding to discovery, and trial techniques. Lengthy discussion is given to theories of recovery for mental and

emotional injuries, the importance of using psychological experts, the risks and benefits of psychological test-

ing, and limiting exposure during discovery. The author also provides sample trial documents, juror question-

naires, opening and closing statements, and direct and cross-examination questions that can serve as useful

model documents.

Proving Mental and Emotional Injuries is an excellent resource for litigators seeking to establish and prove the

legitimacy of mental and emotional injury claims and maximize damages for their clients.

Mr. Winer is scheduled to present a one hour MCLE program at the Main Library in Oakland on Wednesday,

April 14th from 12:30-1:30 p.m.

NEW TITLE!: Proving Mental & Emotional Injuries

California Government Claim Forms on the Web

PAGE 8 VOLUME 2, I SSUE 1

NEW TITLE!: The Lawyer’s Guide to Negotiation

The driving force behind contract formation, settlement talks, mediations, and business deals, negotiating skills

are critical to the successful practice of law. In The Lawyer’s Guide to Negotiation, the

authors offer proven advice and techniques for improving negotiating skills.

The authors contend that before devising a plan of attack, an attorney must have a clear

understanding of a client‘s objectives and priorities, identifying the turning points of the

deal as well as the points the client is willing to concede, if necessary. The role of lever-

age in the negotiation process is examined, and the use of the ―four levers‖- uncertainty,

time (deadlines), opportunity (concessions), and sanction (threat of litigation)- to influ-

ence an opponent‘s actions. The authors stress the importance of identifying your oppo-

nent‘s ―behavioral profile‖ and using this information to dictate your communication

style. The authors also explore the use of tactical devices, including demand letters, con-

cessions, ultimatums, and threats to put pressure on the opponent and compel them to action. Finally, the au-

thors offer strategies for terminating the negotiation on your terms, through successful conclusion/resolution or

withdrawal. Separate chapters on best practices in settlement and business negotiations are also included.

The Lawyer’s Guide to Negotiation is an excellent primer for anyone looking to become a more forceful and

effective negotiator and advance their client‘s objectives by gaining the upper hand in negotiations. The Law-

yer’s Guide to Negotiation is available at the Main Library in Oakland and may be checked-out of the library

by registered borrowers.

Divided into 131 brief chapters, 101+ Practical Solutions for the Family Layer: Sensible Answers to Common

Problems is a compilation of short essays contributed by members of the Family Law Section of the American

Bar Association. Adapted from ―hot tips‖ presented at the ABA Annual Meeting, in each chapter a seasoned

family law practitioner draws on their experiences to offer a piece of advice that family law attorneys can inte-

grate into their own practices to increase their effectiveness. Many of the essays feature sample forms, letters,

agreements, checklists, interview questions, and financial charts that can be adapted by readers.

Essay topics include:

―Dealing with the Chronically Upset Client‖

―Maximizing Billable Time‖

―Creative Use of Mental Health Professionals‖

―Ten Tips Toward a Better Deposition‖

―Don‘t Forget the Hidden ‗Bonus‘ Assets‖

―How to Make Your Premarital Agreements Litigation-Proof‖

―Special Clauses for Marital Settlement Agreements‖

―The Client‘s Direct Examination- The Real Challenge‖

Offering proven strategies for dealing with vexing situations, 101+ Practical Solutions for the Family Lawyer

is an excellent reference for family law attorneys. 101+ Practical Solutions for the Family Lawyer is available

at the Main Library in Oakland and may be checked-out of the library by registered borrowers.

NEW TITLE!: 101+ Practical Solutions for the Family Lawyer

PAGE 9 VOLUME 2, I SSUE 1

Writs of Mandate Demystified

Many patrons come to the Alameda County Law Library seeking assistance with petitions for writs of

mandate. A writ of mandate is an order from a court of superior jurisdiction commanding an inferior tribunal,

corporation, municipal corporation, or individual to perform (or refrain from performing) a particular act that

is required by law. In a mandamus proceeding, a person essentially asks the court to force a government actor

to do, or not to do, some particular thing. The person requesting the writ is called the ―petitioner‖ and the one

against whom the writ is sought is the ―respondent.‖ In California, the rules governing mandamus are codified

in the Code of Civil Procedure (hereafter CCP) sections 1084 to 1097.

Library patrons are often confused about what this type of extraordinary writ is, when it is available or

likely to be granted, and about the procedures for requesting one. For instance, many are unaware that there are

actually two types of writs of mandate available in California: CCP section 1094.5 sets forth the guidelines for

administrative mandamus and section 1085 sets forth ordinary mandamus (sometimes called ―traditional‖

mandamus). This article aims to answer some of these basic questions and to provide a starting point for con-

ducting one‘s own research. This article should not be mistaken for legal advice.

Administrative Mandamus (CCP 1094.5)

Administrative mandamus is a remedy that inquires into the validity of quasi-judicial acts. Quasi-

judicial acts are decisions made by actors who are empowered by the law to hear and weigh evidence in a

manner similar to judicial courts. A court can review a quasi-judicial decision if (1) a hearing is required by

law, (2) evidence is required to be taken, and (3) the decision-maker has the discretion to determine the facts.

(Code Civ. Proc., § 1094.5, subd. (a).)

If a decision is reviewable, the court can inquire into whether (1) the respondent proceeded without or

in excess of jurisdiction, (2) the hearing was fair, or (3) there was prejudicial abuse of discretion. (Code Civ.

Proc., § 1094.5, subd. (b).) The court will make its inquiry under one of two standards of review, either the

―substantial evidence test‖ or the ―independent judgment test.‖ (Code Civ. Proc., § 1094.5, subd. (c).)

Ordinary Mandamus (CCP 1085-1086)

Ordinary mandamus is a remedy to compel the performance of ministerial acts or to inquire into the

validity of quasi-legislative acts. A ministerial act is one in which the government actor is ―required to perform

in a prescribed manner in obedience to the mandate of legal authority, without regard to his own judgement

[sic] or opinion." (Morgan v. City of Los Angeles Board of Pension Commissioners, 85 Cal.App.4th 836, 843.)

The distinction between quasi-judicial and quasi-legislative acts is very important because review in

ordinary mandamus proceedings is very deferential to the respondent. The court will reverse the action only if

it was (1) arbitrary, capricious or entirely lacking in evidentiary support, or (2) if the agency failed to follow

the procedures required by law. (Stauffer Chemical Co. v. Air Resources Board (1982) 128 Cal.App.3d 789,

794.)

As important as the distinction between quasi-judicial and quasi-legislative acts can be, differentiating

between the two can be very difficult as they often share many characteristics. The presence or absence of a

hearing required by law can sometimes be helpful. If an evidentiary hearing is not required by law, the action

is not adjudicatory, precluding the availability of administrative mandamus. (Lightweight Processing Company

v. County of Ventura (1982) 133 Cal.App.3d 1042.)

Availability of Relief

A writ of mandate is available only if the petitioner meets certain legal requirements. Among these are

a beneficial interest in the outcome of the proceeding, the exhaustion of administrative remedies and a timely

petition.

Cont’d on back page….

Library Catalog: http://202.sydneyplus.com/search.asp?mode=search

Recently-Acquired Titles: http://www.acgov.org/law/publictns.htm

Circulation Policies: http://www.acgov.org/law/policies.htm#1

List of Library MCLE Materials: http://www.acgov.org/law/mcle.pdf

Conference Room Rentals: http://www.acgov.org/law/services.htm#4

Legal Databases: http://www.acgov.org/law/services.htm#1

Research Guides/Bibliographies: http://www.acgov.org/law/researchguide.htm

Linking to the Alameda County Law Library

Main Library (Oakland) MWF 8:30 am - 6:00 pm

TuTh 8:30 am - 9:00 pm

Closed Weekends

Branch Library (Hayward) M-F 8:30 am - 5:00 pm

Closed Weekends

Ceasar Chavez Day, March 31, 2010

Memorial Day, May, 31, 2010

*****The Law Library is NOT subject to

Court Furloughs*****

Library Hours Upcoming Library Holidays

cont’d from page 9….

Drafting and Serving a Petition for Writ of Mandate

Many library patrons are surprised to learn that there is no simple fill-in-the-blanks form for a writ of

mandate. A petition for a writ must be drafted on pleading paper, allege facts sufficient to meet the statutory

requirements, and make a prayer for relief. In addition, the petitioner must submit a verification—a declara-

tion under penalty of perjury that the assertions in the petition are true—and possibly other supporting docu-

ments. The petition and other documents must be properly filed and served upon all respondents and real par-

ties in interest.

Library Resources

The following practice guides and legal encyclopedias offer analysis of the differences between admin-

istrative mandamus and ordinary mandate, the requirements for review, and the procedures for initiating writ

proceedings in California:

Handling Administrative Mandamus, Continuing Education of the Bar

California Administrative Mandamus, Continuing Education of the Bar

California Forms of Pleading & Practice, Chapter 358: Mandate & Prohibition

California Forms of Pleading & Practice, Chapter 474: Availability of Judicial Review

California Jurisprudence, Volume 43: Mandamus & Prohibition

West’s California Code Forms, Civil Procedure § 1086, 1094.5

Witkin California Procedure, Volume 8: Extraordinary Writs