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Civil Court Judicial Forum: Advanced Discovery and Trial Practice

September 23, 2011 By

One of Lang, Richert & Patch’s senior trial attorneys, William T. McLaughlin II, will be a moderator at program entitled “Civil Court Judicial Forum: Advanced Discovery and Trial Practice.” The forum panel will consist of a number of sitting judges from the Fresno County Superior Court. Mr. McLaughlin has served as the moderator for this forum for the past three years. The forum will cover a broad range of topics including recent developments in state evidentiary law, expert evidence, getting your evidence admitted at trial, and using technology in the courtroom.

Mr. McLaughlin is a Board Certified Civil Trial Advocate and has successfully tried over 50 jury trials. He has received the highest peer review rating (AV) and, for the past 6 years, he has been voted a Northern California ‘Super Lawyer’ (representing the top 5% of lawyers in Northern California). He is Charter Fellow Member of The Litigation Counsel of America and was Past-President/ Board Member of the San Joaquin Chapter of the Association of Business Trial Lawyers (ABTL).

Filed Under: Community, Company News

Ana de Alba receives OneJustice’s Pro-Bono Award

September 23, 2011 By

On July 13 more than 350 attorneys, judges, law students, business, and community leaders were on hand when California Chief Justice Tani Cantil-Sakauye presented Ana de Alba with an award for her tireless work to promote pro-bono in the Central Valley. Ms. de Alba was one of two attorneys state-wide to be recognized at this event.

Ms. de Alba’s acceptance comments brought tears to the eyes of many as she talked about her experiences as the daughter of immigrant farm workers in the Central Valley to explain why she is so passionate about pro-bono. The award was from OneJustice (formerly Public Interest Clearinghouse) and was presented at the organization’s annual Opening Doors to Justice reception in San Francisco. OneJustice provides support to legal services organizations and law students engaged in pro-bono. Its mission is to increase access to legal help for underserved Californians by building infrastructure and partnerships in the legal community.

Ms. de Alba has been an associate at Lang, Richert & Patch since 2007 and works primarily in the area of employment law.

Filed Under: Community, Company News

Reminder! Failure to Comply with Mechanic’s Lien Requirements Has Disastrous Results

September 9, 2011 By

By Matthew W. Quall and Ana de Alba

Any developer, owner, contractor, subcontractor, material supplier, or design professional should be aware of the changes that have been made to California Mechanic’s Lien Law which have taken effect as of January 1, 2011. Failure to properly implement these changes will have drastic consequences as it will render a Mechanic’s Lien unenforceable as a matter of law.

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Filed Under: Business News, Construction

Rene Lastreto II to Speak on Statutory Ag Liens at CCBA Institute

September 6, 2011 By

Lang, Richert & Patch shareholder, Rene Lastreto II will be a faculty member on a program analyzing California Statutory Agricultural Liens and Perishable Agricultural Commodities Act issues at the 25th annual Central California Bankruptcy Institute on September 22 and 23, 2011 at the Radisson Hotel in Fresno, California. The panel discussion will focus on identifying, perfecting and enforcing certain statutory lien and PACA trust rights which have now become one of the primary considerations when evaluating various insolvency issues facing creditors and debtors in the agricultural sector in California.

Mr. Lastreto is certified by the American Board of Certification in Creditor’s Rights Law and has nearly 30 years experience in representing all constituencies in agricultural insolvency and bankruptcy proceedings. He has authored two recent articles which are part of the program materials. One is on the California Dairy Cattle Supply Lien and the other on California Producer’s Liens. For access to those articles click here. He is a frequent speaker at various educational events.

Filed Under: Bankruptcy, Community, Company News

Producer’s Liens: Enforcement Issues

September 1, 2011 By

by René Lastreto II1

I. Nature of the Lien

The Producer’s Lien is a California statutory lien. The lien is upon “any farm product” and upon all processed or manufactured forms of such farm product securing the producer’s labor, care and expense in growing and harvesting the product.2 “Farm products” are essentially all agricultural products of the soil and includes honey and beeswax, oil seeds, poultry, poultry product, livestock product and livestock for immediate slaughter.3 Timber, timber products, milk, milk products and aquacultural products are excluded.4

The lien is in favor of every producer of farm products that sells the product grown by the producer
to any processor under either an express or implied contract.5 A “producer” is a person engaged in the business of growing or producing farm products.6 An Illinois Bankruptcy Court construing California law, In re S.N.A. Nut Co. 197 B.R. 642, 652(B.CT.N.D. Illinois, 1996) has held that a California processor could assert a Producer’s Lien as to products it may grow. In SNA Nut Co., supra the Debtor attempted to defeat the California Producer’s Lien by arguing that since the party asserting the lien (in that case Tulare Nut Company) was also a processor, it was precluded from asserting the lien. The Court denied summary judgment on that issue finding an issue of fact as to the extent of product delivered by Tulare Nut Company to the Debtor that was actually grown byTulare Nut Company. Id.

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  1. Rene Lastreto, II is an owner shareholder at Lang, Richert & Patch, Attorneys at Law, a
    Professional Corporation. He has 30 years of experience in representing all contingencies in the
    loan enforcement process including lenders, bankruptcy trustees, borrowers, equipment lessors
    and others. His practice is in all Courts including the Bankruptcy Courts, Federal Courts and
    California Superior Courts. He is certified in the area of Creditors Rights Law by the American
    Board of Certification. ↩
  2. California Food and Ag Code § 55631. ↩
  3. California Food and Ag Code § 55403. ↩
  4. Id. ↩
  5. California Food and Ag Code § 55631. ↩
  6. California Food and Ag Code § 55408. ↩
Filed Under: Business Law, Business News

Issues in Enforcing California Dairy Cattle Supply Liens

September 1, 2011 By

by René Lastreto II1

I. Introduction

The Dairy Cattle Supply Lien law in California provides for a statutory lien know as a “Dairy Cattle Supply Lien” in favor of those who provide feed or material (a defined term) to aid in the raising or maintaining dairy cattle.2 The Dairy Cattle Supply Lien was added to the Food and Agricultural Code in 1987. Other than very minor amendments to conform with certain provisions the Commercial Code, the law remains as originally drafted. While there are no reported cases construing the law, certain issues have arisen in various bankruptcy cases dealing with enforcement of the lien law. Generally, two of the primary financing constituencies in a dairy bankruptcy case are a traditional lender and grain suppliers. In addition to the substantial defaults facing the traditional lender, grain suppliers often have large balances owed at the time of the petition is filed. Most grain suppliers are sophisticated enough to have filed Dairy Cattle Supply Liens with the Secretary of State.

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  1. Rene Lastreto II is an owner shareholder at Lang, Richert & Patch, Attorneys at Law, a Professional Corporation. He has 30 years of experience in representing all contingencies in the loan enforcement process including lender, bankruptcy trustee, borrowers, equipment lessors and others. His practice is in all Courts including the Bankruptcy Courts, Federal Courts and California Superior Courts. He is certified in the area of Creditors Rights Law by the American Board of Certification. ↩
  2. California Food and Ag Code § 57402. ↩
Filed Under: Business Law, Business News

Lang, Richert & Patch Works With Fresno Community Food Bank

December 13, 2010 By

Lang, Richert & Patch employees and family members volunteered their time at the Fresno Community Food Bank on November 20, 2010 to assist the Community Food Bank in reaching its goal of making 40,000 Holiday Meal Boxes for those in need this holiday season.

The employees and their family members joined other Fresno County Bar Association members in supporting the Fresno County Young Lawyer’s Second Annual Fresno Community Food Bank Volunteer Day. The event was a huge success with many volunteers donating their time to help pack boxes of food for those in need. The meal boxes will feed about 40,000 Fresno, Madera and Kings County families throughout the holiday season.

Lang, Richert & Patch continues to demonstrate its commitment to supporting the Fresno community and the Central Valley through volunteer opportunities and sponsorships.

Lang, Richert and Patch helping at the Food Bank for the holidays

Filed Under: Community, Company News

Lang, Richert & Patch Awarded The Wiley W. Manuel Award For Pro Bono Legal Services

November 13, 2010 By

In 1989, the California State Bar established the Wiley W. Manuel Award for Pro Bono Legal Services. The award was established to honor the memory of Honorable Wiley W. Manuel, a distinguished Associate Justice of the California Supreme Court from 1977 until his death in 1981. The award is presented to attorneys who provide a minimum of 50 hours in pro bono services in one year. Ana de Alba was bestowed this honor at the Central California Legal Services’ 2010 Champions of Justice Fall Reception on Thursday, October 28, 2010, for providing a minimum of 50 hours in voluntary legal services to the poor.

Filed Under: Community, Company News

Lang, Richert & Patch Attorneys Volunteer at the Central Valley Veterans Stand Down 2010

November 1, 2010 By

Managing Partner and Construction Attorney, Mark L. Creede, Employment Law Specialist, Charles T. Taylor, and Commercial and Business Transactions Attorney, Victoria J. Salisch provided voluntary legal services to our local veterans at this year’s Central Valley Veterans Stand Down which took place September 22nd through 24th. The purpose of Operation Stand Down is to assist disadvantaged veterans who are having difficult times. The goal is to assist veterans who are homeless turn their lives around and to thank them for all of the service they have provided to this country. Being the son of a World War II Battle of the Bulge survivor, Purple Heart recipient, and prisoner of war, Mark Creede has a special interest in helping veterans. “Charles, Victoria, and I felt privileged to be able to assist veterans in need, and we and other members of our firm look forward to participating in future Veterans Stand Downs,” Mr. Creede noted. Lang, Richert & Patch is grateful for those who served and was honored to be part of such an important event. Thanks in part to their help, over 80 veterans received advice and counsel regarding various legal issues including housing (eviction defense), general civil litigation, family law, estate planning, public benefits, tax , health, and employment law.

Filed Under: Community, Company News

Lang, Richert & Patch Signs On To Central Valley Pro Bono Challenge

October 19, 2010 By

On October 6, 2010,  California Supreme Court Chief Justice, Ronald George, launched the Central Valley Pro Bono Challenge. The Challenge is a collaboration between Central California Legal Services (“CCLS”), Public Interest Clearinghouse (“PIC”), and Pro Bono Net. Ana de Alba, Pro Bono Coordinator at Lang, Richert & Patch, worked closely with CCLS and PIC in an effort to implement the Challenge which encourages participating attorneys and firms to provide anywhere from 10 to 50 pro bono service hours to CCLS on an annual basis. As part of the Challenge, attorneys are provided a broad range of pro bono opportunities, training, and supervision and free liability and professional malpractice insurance for pro bono services rendered through CCLS.

As the provision of pro bono services is important to Lang, Richert & Patch, it was the first firm in Fresno to sign on to the Challenge and has agreed to provide in the aggregate over 200 pro bono hours in 2011. Lang, Richert and Patch’s commitment to pro bono was recently recognized at the October Fresno County Bar Association luncheon by Chris Schneider, Director of CCLS, and California Supreme Court Chief Justice, Ronald George.

Pictured back row from left to right are Mark L. Creede, Jay M. Kelly, Scott J. Ivy, Val Saldana, Ana de Alba; front row from left to right are California Supreme Court Justice Marvin Baxter, Frank H. Lang, California Supreme Court Chief Justice Ronald George, and Erica Gonzalez. Photo by Howard Watkins.

Filed Under: Community, Company News