Author: Greg Herring

Erin Schaden’s Appointment to Casa Serena’s Board of Directors

Herring Law Group Applauds Erin Schaden’s Appointment to Casa Serena’s Board of Directors

Santa Barbara’s Casa Serena just named HLG’s Executive Director, Erin Schaden, as its newest of nine Board members. Casa Serena’s mission is to (1) provide effective treatment services and a safe, sober living environment to women seeking recovery from the disease of alcoholism or from substance abuse, (2) introduce them to the philosophy of Alcoholics Anonymous and the “12-step” process and (3) promote community awareness of Casa Serena’s services. It has given thousands of women a firm foundation on which to begin their recovery from alcohol and drug addiction. We support this important organization, and we applaud Erin’s appointment.

Casa Serena opened its doors to alcoholic women in August of 1959 primarily through the efforts of its founder, Mildred Pinheiro. Recovering from alcoholism herself, Mildred wanted to open the home “because there was no place here for a woman alcoholic to go for help.” The home was originally a project of the Santa Barbara Committee on Alcoholism (now the Santa Barbara Council on Alcoholism and Drug Abuse). It organized into a nonprofit corporation in 1973.

At the core of Casa Serena’s successes are now three beautifully cared-for and welcoming homes. The original house on Bath Street is able to accommodate eighteen women. It serves as the initial entry point to Casa Serena’s program. In the early 1990’s the organization purchased a second home nearby on Castillo Street. This, the “Grad House,” is home to an additional eight women.

In 2000 Casa Serena acquired Oliver House, located on the Mesa. Oliver House is licensed for six women and six children. It is the only residential facility in Santa Barbara that will accept both recovering women and their children. With a total capacity of 32 women and six children, it provides caring staff and a simple, yet gracious and dignified, setting in which to live and grow.

Casa Serena:

· Is the only non-denominational program of its kind in Santa Barbara.
· Is the only residential treatment facility for women with children in Santa Barbara County.
· Is the oldest residential recovery program for women in Santa Barbara County.
· Is a comprehensive residential treatment program, licensed by the State of California.

Casa Serena’s staff consists of trained professionals in the treatment of substance abuse. Its clinical team is made up of Marriage/Family Therapists (MFTs) and MFT interns, as well as Certified Alcohol and Drug Counselors and counselor interns. The clinical and program staff have experience in 12-Step recovery. The 12-step process is a social model for treatment of addiction and addictive behaviors.

HLG’s practice often involves clients, opposing parties and related others with substance abuse concerns. Erin is a major asset in those cases. She is a natural fit for Casa Serena’s Board. We thank Erin for her commitment to Casa Serena, as well as to HLG.

Passing of Jim Hennenhoefer

The American Academy of Matrimonial Lawyers (“AAML”) lost a giant on August 21, 2017 when Southern California Chapter Fellow, Jim Hennenhoefer, unexpectedly passed away. Jim’s offices were in Northern San Diego County, but his presence extended throughout the state, the country and even internationally, through his involvement in the International Academy of Family Lawyers (“IAFL”). Jim was a former naval officer, and his proud stature was a hallmark. That, combined with his brilliant mind and kind and generous spirit, made him a great leader, mentor and friend.

Friend and AAML Fellow, Gordon Cruse, made the following tribute: “…[O]ne of Jim’s greatest talents [was] the ability to bring the greatness out in others. … If you would listen to him, he had a very soft touch, and he would encourage that greatness in you to shine. You’d find yourself taking on a project you didn’t think you could do and then you’d find yourself succeeding. Jim helped me to be a far better lawyer, person and friend then I thought possible.”

“There was nothing about Jim I did not like or admire. He was a true gentleman – kind, smart, talented, caring, considerate and generous. I am a better man because of my friend, and I miss him terribly. My life goal is to be more Jim-like. It’s a goal that all who knew Jim will understand. His energy will never end as he shared it with all of us and we will share it with others.”

We completely agree. We will miss Jim’s “scary” presentations, warning all the inexperienced lawyers at our Trial Basics Seminar about the complexities and attendant professional obligations concerning Electronically Stored Information and E-discovery in our practices. We will miss the wild stories of his adventures in the Navy. We will miss his kind, generous and commanding-but-gentle manner. Our thoughts are with his wife, Lea, who is a beautiful person and friend.

Toward Protecting Children, In re Trever P. Provides a Commonsense Interpretation of California’s Invasion of Privacy Act.

Herring Law Group routinely advises our clients to refrain from eavesdropping on spouses, witnesses or others. This includes avoiding reading emails, texts, “snail mail” or any other communications that might be directed to others. These acts can constitute an invasion of privacy, for which financial damages could be ordered. They can also be crimes.

California’s Invasion of Privacy Act makes it a crime to record someone’s conversation secretly, with only a few exceptions. A new published case, In re Trever P., provides a newly-described one. There, the California Court of Appeal unanimously held that the Act allows for the admission of a surreptitious recording by a parent on behalf of a child based on an objectively reasonable belief that the recording will produce evidence of child abuse.

Bob Egelko, of the San Francisco Chronicle, described the Trever P. situation as follows:

“The case dates from June 2015, when the 12-year-old was asked to look after his younger cousin in the child’s home, a trailer in Merced, while his mother was at work.

After the first day of babysitting, according to the mother’s testimony …, the child begged his mother not to leave him with his cousin again, because the older boy told him he would leave him all alone. Concerned the cousin might abandon the child or was ‘being mean to him,’ the mother said she decided to allow a second babysitting session the next day, but hid her cell phone in a cupboard with the recorder turned on to pick up their conversation.

The … recording revealed repeated acts of molestation, ordered by the older boy despite the child’s complaints of pain. A juvenile court judge found the boy guilty of forcible sex crimes and sentenced him to custody and treatment in the state Division of Juvenile Justice.

California has one of the nation’s strictest laws against electronic eavesdropping, requiring consent from both participants to record a confidential conversation. But the law allows one participant to make a secret recording based on a reasonable belief that it will contain evidence related to a violent crime or one of several other specified crimes, such as extortion or bribery. If the recording is judged to be legal, the evidence can be presented in court.

In cases like this one, the court said …, a parent can give such consent for a child who lacks the capacity to do so.

It might be different, [the court added], if a youth was 17 and wanted the information concealed from the parent. But … recording of a conversation related to a serious crime is allowed if, in light of the child’s age and other circumstances, ‘the parent has a good-faith, objectionably reasonable belief that the recording is in the best interest of the child.’”

HLG applauds the ruling as a commonsense interpretation of the Invasion of Privacy Act.

Herring Law Group Welcomes Paralegal Kelsey Sturgeon

Herring Law Group is pleased to welcome Paralegal Kelsey Sturgeon to our team. Kelsey has worked in the law since 2008. She joined HLG after working nine years in Estate Planning and Trust Administration. She eagerly brings her experience and dedication to all clients to her new professional home.

Kelsey received her Bachelor’s Degree in Sociology with a Psychology Minor from CSU Channel Islands, where she graduated Magna Cum Laude. She received a Diploma in Paralegal Studies from the Paralegal Institute at Brighton College and has provided meticulous and thorough work ever since. Kelsey believes in lifetime learning and continually strives for personal and professional growth.

When Kelsey isn’t working, she loves every moment spent with her family and close friends. She embraces life with her husband, Bryan. They love visiting wine country and seeking out records for their vinyl collection. Kelsey lives life to the fullest, making every moment count.

As HLG continues to grow, we look forward to having Kelsey help serve our clients throughout “the 805” and beyond.