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SHCC_Sept-Oct 06 09.21.06.indd


									                                                           SEPT/OCT 2006


                                                          FEATURED MEMBER:
                                                            NICK MONTOYA
                                                     PRESENTS THE POWER
                                                       OF HIS TRADEMARK
                                                               19TH ANNUAL
                                                          JALAPEÑO CLASSIC
                                                          GOLF TOURNAMENT
                                PRESORTED STD.
                                 US POSTAGE
                                   PAID                         COMMUNITY
                                 PERMIT NO. 535
                                 SACRAMENTO               PARTERNSHIP IS KEY

The Mission of the Sacramento His-
panic Chamber of Commerce is (1) to
create, expand and promote business
opportunities for the Hispanic commu-
nity, and (2) to support and advocate
for the interests of the community,
which it serves through advocacy,
education and networking.

                                         4   President’s Message

                                         6   Chair’s Message

                                        ¡QUE TAL!
 D I S T I N C T I O N

                                         9   Upcoming Chamber Events/New and Renewed Members

                                        11   Ambassador of the Month

                                        11   SHCC Member Press Releases

                                        19   The JALAPEÑO Classic Golf Tournament

                                        BUSINESS SECTION
                                        12   Creating Stragtegies to Enhance Your Business Potential
 O F

                                        14   Employment Law: Resonable Accomodations and Disabled Wokers

                                        33   Consider a 401(k) Plan for Your Business

                                        36   Counsel’s Corner: Piercing the Veil of Limited Liability Companies

                                        SPECIAL FEATURES
                                        24   INTEL: Community Partnership is Key
                                        26   Maria Padilla–Angel:
 2 0 0 6

                                             Supporting Education through Macy’s Community Shopping Day
                                        28   Featured Member: Nick Montoya

                                        30   Incorporating Etiquette

                                        SAVE THE DATE
                                        SHCC 35th Annual Business Awards and Recognition Banquet—
                                        February 24th, 2007

                                        SACRAMENTO    HISPANIC    CHAMBER    OF   COMMERCE     |   WWW.SACHCC.ORG   3
        president’s message

The 19th Annual JALAPEÑO Classic Golf Tournament was a total          care about and participate in the SHCC. We also welcome five
success! The winners are Hispanic students wanting to further         new Board members and look forward to their input and action
their education. We would like to thank our sponsors, players,        for our continued success.
volunteers and staff for making it happen.
                                                                      We are now happily in our new offices thanks to the efforts of
*Note: A recent report by the Harvard University Civil Rights Proj-   Benjamin Slater, Bishop Powers, Inc., for his help in securing
ect shows that only 41.1% of Hispanic students attending Sac-         our new home. We also extend our thanks to Office Depot and
ramento City Unified School District high schools graduate with        Rhoda Santamaria, owner, Casa Bella Galleria. Rhoda donated
a diploma on time. These figures reflect the lowest high school         the front office furniture to make your visit to the Chamber of-
graduation rates among the state’s 10 largest school districts.       fice more comfortable. Rhoda is a member who believes the
                                                                      SHCC is instrumental in her success and shows it by making
Next year will be the 20th Anniversary of the JALAPEÑO Classic        generous contributions for our fundraising events. We appreci-
Golf Tournament, an event you won’t want to miss. At the mix-         ate you very much Rhoda.
er hosted by this year’s Tournament Sponsor, Charlie Ramirez
from Johnnie’s Body Shop, some players requested their spots          Community Shopping Day (Fashion and Compassion) will take
for next year’s tournament, as the event always sells out. Who        place on Thursday, October 25. The Sacramento Hispanic Cham-
will be next year’s Tournament Sponsor?                               ber of Commerce is committed to education. We invite you to
                                                                      participate in buying $10 discount tickets with 100 percent of
The Sacramento Hispanic Chamber of Commerce would like to             the proceeds going to the Mayor Joseph Serna, Jr. Scholarship
thank Charlene Girard, with Radisson Hotel, for hosting our sec-      Fund. Our goal is to sell 1,000 tickets! Ten more students may
ond quarter Member to Member Business Mixer/Expo in July.             receive $1,000 toward their continuing education.
Without the generosity of businesses such as the Radisson
we would not be able to present a venue for members to get            Workshops presented in Spanish and English are having suc-
to know each other, and most importantly, to do business with         cess; however, attendance could be better. The presenters
each other. The next time you wish to purchase a product or           volunteer their time to make sure that those in attendance get
service, please look through the membership directory first and       value for the time invested. Check out the website www.sachcc.
see if one of our members offers that product or service. If we       org for updates.
do not have a member who offers a service you are looking for,
please let us know and we will work diligently to recruit such a      Upcoming Events:
member. By working together, our business community will not          The California Hispanic Chamber of Commerce Convention
only survive—but thrive. Remember—Member to Member first.             and Business,
                                                                      September, 28-30
The Sacramento Hispanic Chamber of Commerce has had                   Inaugural Latin Food and Music Festival,
a great year under the leadership of Board Chairman, Jose             September 29 (Evening)
Ramirez, M.D. I have personally seen Dr. Ramirez give tirelessly      Learning to Live in America, September 24
of his time and money to help the Sacramento Hispanic Cham-           Multi-Cultural Business Forum, October 5,
ber of Commerce move forward with its Mission. Under his              featuring ABC News John Quinones;
leadership and the tireless work by other Board Members, the          plus more…
Chamber has grown from 496 members last September to 800
plus members as of August, 2006. The Board members are vol-           See you soon,
unteers and give of their time and resources to an organization
they care about very deeply. We thank them for all they have          Diana M. Borroel
done this year. Some Board members will be leaving their Board        President and CEO
position; however, we hope and anticipate they will continue to

4                                  S A C R A M E N T O   H I S P A N I C   |   S E P T / O C T
                                                                                                     2006 EXECUTIVE COMMITTEE                    EDITORIAL BOARD
The Sacramento Hispanic Chamber of Com-                                                               CHAIR OF THE BOARD OF DIRECTORS            PUBLISHER
merce would like to welcome our newly elected                                                                         José Ramirez, M.D.         Diana M. Borroel
                                                                                                                         Family Medicine         Sacramento Hispanic
Board Members.
                                                                                                                                                 Chamber of Commerce
                                                                                                                            PRESIDENT/CEO        916.486.7700
Patricia Bustos-Robinson, Comcast, Yolanda                                                                                   Diana M. Borroel
Contreras, Placer Title Company, Rachel Gon-                                                                                           SHCC      EDITORIAL COMMITTEE CHAIR
                                                                                                                                                 Nahid Vassef
zales Garcia, RGG Enterprises, Inc., Maria Car-
                                                                                                               CHAIR-ELECT OF THE BOARD          Prepaid Legal
men Meeks, MCM Consulting and John Obre-                                                                                       Paul Galindo      916.628.1889
gon, New York Life Insurance Company                                                                                Galindo Communications
                                                                                                                                                 PRODUCTION MANAGER | EDITOR
                                                                                                      2007/08 CHAIR-ELECT OF THE BOARD           Valentin Carrillo
We’d also like to welcome Peter Drozdoff from
                                                                                                                            Griselda Barajas     ValTek Enterprises
SureWest Communications who was recently ap-                                                                    Griselda’s Catering Services     916.968.7083
pointed by the Board of Directors to fill a recently
resigned seat.                                                                                                  PAST CHAIR OF THE BOARD          CONTRIBUTING WRITERS
                                                                                                               Kenneth A. Macias, D.P.A, CPA     Mike Garcia
                                                                                                                Macias, Gini, & Company, LLP     916.541.6609
To find out more about our Board Members
please visit our website                                                                                        TREASURER         Karen McCord
                                                                                                                          Benjamin F. Slater     Hill McCord Communications, LLC.
                                                                                                        Bishop Powers Commercial Real Estate     916.502.0268

                                                      N EW LY E L E C T E D B O A R D M E M B E RS                              SECRETARY        SECTION WRITERS
                                                                                                                              Norma Barajas      Al Punto…To The Point
                                                                                                          Texas Mexican Restaurant & Catering    Norma Andrade
                                                                                                                                                 A.G. Edwards & Sons
                                                                                                        VICE-CHAIR, BUSINESS ADVOCACY            916.927.4444
                                                                                                                             Andrea Rosa
                                                                                                                      The Rosa Law Group         Counsel’s Corner
                                                                                                                                                 Lenor Y. Eicdican, ESQ
                                                                                                      VICE-CHAIR, COMMUNITY RELATIONS            Mark E. Peterson
                                                                                                                             Noreen Diaz         Diepenbrock Harrison
                                                                                                                      Travis Credit Union        916.446.4469
                                  Patricia Bustos-
                                  Robinson,                                                                VICE–CHAIR, MEMBER SERVICES           Incorporating Etiquette
                                                                                                                                Nahid Vassef     Izabelle Ponce Simmons
                                  Comcast                                                                        Pre-Paid Legal Services, Inc.   Madam Izabelle’s School of Etiquette
                                                                                                                        GENERAL COUNSEL
                                                                                                                          Lawrence B. Garcia     ¡QUE TAL!
                                                                                                                    The Diepenbrock Law Firm     Ruby Maciel
                                                                                                                                                 Sacramento Hispanic
                                                                                                                     BOARD OF DIRECTORS          Chamber of Commerce
                                                                                                                        Amparo Perez-Cook        916.486.7700
                                                                                                                          Aztec Media, Inc.
                                                                                                                                                 ADVISORY COMMITTEE
                                                                                                                                Nick Montoya     Norma Barajas
                                                                                                                             Intel Corporation   Texas Mexican Restaurant & Catering
                                                                                                                                Fernando Ortiz
                                  Yolanda                                                                        Elevator Controls Corporation   PROOF READING
                                                                                                                                                 Benjamin Slater
                                  Contreras,                                                                               Randall E. Reynoso    Bishop Powers Commercial Real Estate
                                  Placer Title                                                                              Placer Sierra Bank   916.290.9251

                                  Company                                                                                      John J. Rueda     DESIGN & PRINTING
                                                                                                                  Law Office of John J. Rueda     Kellie Melby
                                                                                                                                                 Commerce Printing Services
                                                                                                                                   Ana Rojas     916.442.8100
                                                                                                                               Opening Doors
                                                                                                                                                 DIGITAL PHOTOGRAPHY
                                                                                                                                Ophelia Riego    Black Diamond Photo
                                                                                                                      Riego Insurance Agency     Carlos Velasco
                                                                                                                         Carolina Rojas-Gore
                                                                                                                       Univision 19 KUVS-TV      ADVERTISING
                                                                                                                                                 Valentin Carrillo
                                                                                                                            Robert Budiman       ValTek Enterprises
                                  Rachel                                                                             Newcastle Ventures LLC      916.968.7083
                                  Garcia,                                                                         CHAIRMAN OF THE BOARD
                                  RGG                                                                                              Sam Perez
                                                                                                     Rodriguez, Perez, Delgado & Company LLP
                                  Enterprises, Inc.
                                                                                                                       MANAGEMENT/STAFF          SACRAMENTO HISPANIC
                                                                                                                                  Celia Cortez   CHAMBER OF COMMERCE
                                                                                                                  Director of Programs/Events    NEW LOCATION—Please update your records
                                                                                                                                                 1491 River Drive, Suite 101
                                                                                                                                  Cassy Matu     Sacramento, CA 95815

                                                                                                                                Ruby Maciel      Interested in submitting story ideas?
                                                                                                             Membership Services Coordinator     Send us an email at

                                                                                                                            Michele Valencia
                                                                                                             Membership Sales Representative
                                                                                                                              Faviola Ramirez
                                  Carmen Meeks,                                                                       Administrative Assistant
        chair’s message

Amidst the challenges that were beset before us, we moved            organizations were honored for their valuable achievements. This
on and rose above our problems taking on a positive direction        successful event was attended by over a one thousand guests,
steadily. Let me take this opportune time to say that it is deeply   exceeding the previous year’s figures for both attendance and
humbling and a great privilege for me to have served as Chair-       revenue. Be that as it may, we tried to raise the bar even higher
man of the Board for this year. Challenging as it may seem, I        for next year.
must say that we can all look back on the proud past accomplish-
ments of those who led before us, and it is a time to reflect and     The chamber’s commitment to educational excellence began in
celebrate our present achievements, as we all look forward to a      1996. On May 12, 2006, we awarded over 40 scholarships to
brighter future of tomorrow.                                         deserving students. In order to realize our commitment to higher
                                                                     education, committee members have been actively involved for
Membership Means Business is our slogan and our members              many years in fundraising activities. Many donors have gener-
can attest how the SHCC opens doors for business opportuni-          ously contributed this year and we look forward that you will con-
ties. Our membership dynamically continues to grow. As early as      tinue to support this worthy cause. The proceeds of the 19th
November 2005, we had gained 32 new members. Through the             JALAPEÑO Classic Golf Tournament will partly support the aca-
concerted efforts of our Board of Directors, we expect over 800      demic scholarship program for high school students aspiring for
active membership.                                                   higher education.

If we are to move forward and enhance our image, we must de-         The insurmountable achievements of this chamber are directly
velop new ideas and approaches to further the objectives and         related to the unconditional commitment of past and current
mission of our organization. Our organization must continually       board members, its staff, and its generous supporters.
grow to better serve and represent the needs of those who are
engaged in business, regardless of their size and stability.         In accepting the trust and the duties that most naturally come
                                                                     with the office of a Chairman, I was ever mindful of the fact that
Our scheduled quarterly Mixer/Business Expo combination launched     the members of our organization expected quality leadership for
our first event on January 25, 2006 at the Hilton Arden West Hotel.   which I dutifully fulfilled. With the combined efforts of our mem-
The well-attended and successful event made an impact to the busi-   bers and staff, we were able to stand the test of time by accom-
ness leaders and entrepreneurs of the community.                     plishing the goals we set at the beginning of the year beyond the
                                                                     standards, which made our Chamber one of the strongest and
This year, we have added the Latino Real Estate Forum, spear-        fastest growing organizations serving the people in the business
headed by Chair Elect Paul Galindo, as part of our ongoing edu-      industry.
cational and informational workshops to benefit members.
                                                                     Moreover, I would like to take this opportunity to express my
In addition to our existing collaboration with other business or-    profound gratitude to our 2006 partners of distinction, corporate
ganizations, the SHCC was a co-sponsor of the California State       and community supporters, board of directors, staff, members,
Chamber of Commerce on two occasions: President Vicente              volunteers, Asian Chamber of Commerce, Black Chamber of
Fox’s International Trade Breakfast Meeting and the Luncheon         Commerce, and California Hispanic Chamber of Commerce for
Meeting with the Ambassador of Peru that was held in Sacra-          making our year a resounding success. It is through the power
mento last June and July 2006.                                       of shared partnership that we will all prosper and succeed in our
In keeping with the theme for this year “Negocios con Corazón”
(Businesses with Heart), the 34th Annual Business Awards and         Sincerely your 2005/2006 Chairman of the Board,
Recognition Banquet was held at the Sacramento Convention
Center on February 25, 2006. A group of diverse individuals and      Dr. Jose M. Ramirez, M.D.

6                                 S A C R A M E N T O   H I S P A N I C   |   S E P T / O C T
our love is one of
paper and ink

                                                                      322 north 12 th street
                                                                     sacramento, ca 95814
                                                                             t 916.442.8100
                                                                             f 916.448.2727

P U B L I C AT I O N S µ D I R E C TO R I E s µ d i r e c t m a i l µ M A N UA L S µ A N D M O R E
                                                                                                                             ¡que tal!

chamber events
 27th Annual Convention & Expo for the                  Spanish Speaking Business Networking Mixer           Sacramento World Music and
 California Hispanic Chambers of Commerce               Host:     Washington Mutual                          Dance Festival—Prelude
 Dates:     September 28th, 29th, & 30th, 2006          Date:     Wednesday, October 18, 2006                Date:     October 25, 2006
 Location: Hyatt Regency                                Time:     8:30am—10:30am                             Location: Memorial Auditorium
            1209 L Street, Sacramento                   Location: Stockton Business Information Center                 Sacramento
 Contact: California Hispanic Chambers                            4990 Stockton Blvd.                        Time:     6:00 pm
            of Commerce                                           Sacramento                                 Cost:     Evening Gala:
            (916) 444-2221 |                                                                             $150 / person
                                                        Latino Real Estate Forum                             Contact: Gary R. Simon
 Inaugural Latin Food &Music Festival                   Date:     Thursday, October 19, 2006                           916-808-7739
 Date:     September 29, 2006                           Topic:    Appraisals
 Time:     6:30-10:00pm                                 Time:     9:00am—11:00am                             For more information on these and other com-
 Cost:     $75                                          Location: 1401 Florin Road                           munity events please visit the Chamber web
 Location: California Museum of History,                For more information please contact                  site
           Women & Arts                                 Yolanda Contreras at 916.736.1420

 3rd Annual Multi Cultural Business Forum               Business Networking Expo & Mixer
 Date:     October 5, 2006                              Host:     Hyatt Regency
 Location: Sheraton Grand Hotel                                   Sacramento
           1230 J Street                                Date:     October 25, 2006
           Sacramento                                   Time:     6:00pm—8:00 pm
 Contact:            Location: 1209 L St.

New Members — Nuevo Miembros

Michael P. Thomas              Norma Zesati                      Lisa Serna-Mayorga              Klaudia Cataldo Gonzales       Mary Lewis
Accelerated HR                 Irma’s Cleaning                   St. Hope Public Schools         Executive Business             Lewis Deli Corner
Solutions Group                9817 Summer Glen Way              3400 Third Ave.                 Maintenance                    951 Arden Way Ste. A
3103 Schooner Dr.              Elk Grove, CA 95758               Sacramento, CA 95817            5931 Stanley Ave. Ste 6        Sacramento, CA 95815
Ste. 110                       (916) 690-8981                    (916) 649-7900                  Carmichael, CA 95608           (916) 929-7444
El Dorado Hills, CA 95762                                        (916) 452-7177                  (916) 484-3838                 (916) 929-7244
(916) 384-8803                 Arturo Manzo Jr.                          (916) 484-3854              Keller Williams Realty                                            Andrew Martin
                               PO Box 813                        Jake Stewart                                                   626 I St., Ste 705
Julio Castro                   Walnut Grove, CA 95690            State Farm Insurance            Kathy Tescher                  Sacramento, CA 95814
Castro Property &              (916) 806-8073                    10901 Folsom Blvd. Ste D        Franklin Boulevard             (916) 442-4831
Commercial Insurance           (916) 405-5701                    Rancho Cordova, CA 95670        Business Association
Agency                                                           (916) 852-8070                  2831 Fruitridge Rd. Ste E      Alecia Chasten
2775 Cottage Way Ste. 32       Rosie Dirmeyer                    (916) 852-8071                  Sacramento, CA 95820           MoneyTree Capital Group
Sacramento, CA 95825           Keller Williams Realty                 (916) 455-2124                 5325 Elkhorn Blvd., Ste 281
(916) 482-9600                 8319 Sirocco Crt.                                                 (916) 455-5712                 Sacramento, CA 95842
(916) 482-9611                 Elk Grove, CA 95758               Pedro Carrillo                                                 (916) 344-6828              (916) 204-7179                    Urban Associates, Inc.          Michael Bulnes                 (916) 348-8593
                               (916) 691-2251                    550 S. Hope St. #1765           California Decorative
Richard Casias                                                   Los Angeles, CA 90071           Concrete
Delta Collaboration            Eric Guerra                       (213) 327-0858                  4354 Town Center Blvd.,        Alex Alcantar
Associates, Inc.               Office of                          (213) 236-9614                  #114-137                       News 10 ABC
417 Mace Boulevard             Senator Gilbert Cedillo               El Dorado Hills, CA 95762      400 Broadway
Ste. J-284                     7721 College Town Dr. #6                                          (916) 220-6913                 Sacramento, CA 95833
Davis, CA 95618                Sacramento, CA 95826              Kathy Lopez                     (916) 458-6442                 (916) 321-3225
(530) 758-8128                 (916) 651-4327                    Wells Fargo Mortgage              (916) 441-3054
(800) 878-2125                 (916) 327-8817                    3061 Cloudview Dr.                                   
                                                                 Sacramento, CA 95833            Tiffany Marie L. Manlapid
Eric B. Aguilar                Luis E. Gutierrez                 (916) 213-8638                  FedEx Ground                   Ana Velia Orozco
Golden Home Loans              Solutions Services                (888) 799-9734                  8200 Elder Creek Rd.           Arte y Mexicanerias
8482 Mountain Bell Dr.         11233 Sauk River Crt.                                             Sacramento, CA 95758           2661 Del Monte St.
Elk Grove, CA 95624            Rancho Cordova, CA 95670                                          (916) 388-2750                 West Sacramento, CA
(916) 743-7393                 (916) 494-2360                                                    (916) 388-2753                 95691
                               (916) 635-9744                                                                                   (916) 372-8441
                                                                                                                                (916) 374-8441

                                                    SACRAMENTO           HISPANIC     CHAMBER       OF   COMMERCE      |   WWW.SACHCC.ORG                   9
  ¡que tal!

Renewed Members Miembros Que Han Renovado

Lucila Martinez                David Dillman                   Ted Canty                        Dawn Borgnis                   Lauren R. Hammond
California Lottery             United States Postal            County of Sacramento             American Heart Association     City of Sacramento
600 North 10th Street          Service of Sacramento           4990 Stockton blvd.              2007 O St.                     915 I St., 5th Floor.
Sacramento, CA 95814           2000 Royal Oaks                 Sacramento, CA 95820             Sacramento, CA 95814           Sacramento, CA 95814
(916) 323-3026                 Sacramento, CA 95799            (916) 875-3200                   (916) 446-6505                 (916) 808-7005
(916) 323-7087                 (916) 373-8115                  (916) 875-3302                   (916) 443-2865                 (916) 264-7680              (916) 373-8726        
Dr. A. Nick Gutierrez                                          Wally Navarrette                 Carmela Castellano-Garcia      Roger S. Peterson
Dr. A. Nick Gutiérrez,         Tracy Bryan                     State Farm Insurance &           California Primary             Megaphone
M.P.H. & Associates            Golden State                    Financial Services               Care Association               Communications
2615 Capitol Ave.              Donor Services                  4030 S. Land Park Dr. Ste D      1215 K St., Ste 700            3090 Union Street
Sacramento, CA 95816           1760 Creekside Oaks Dr.         Sacramento, CA 95822             Sacramento, CA 95814           Rocklin, CA 95677
(916) 447-2020                 #160                            (916) 454-5331                   (916) 440-8170                 (916) 624-1894
(916) 447-2910                 Sacramento, CA 95833            (916) 440-8172       
                               (916) 567-1600                                         
Mark Ruiz                      (916) 567-8300                  Deborah Lowe–Muramoto                                           Joe Esparza
McDonald’s                               California Capital FDC           Kathleen Grace                 All-Cal Insurance Agency
801 Riverside Ave. Ste. 206                                    2000 O St., Ste. 250             Grace Consulting               801 Riverside Ave. Ste. 105
Roseville, CA 95678            Dora Ogunnaike                  Sacramento, CA 95814             1712 Tea Place                 Roseville, CA 95678
(916) 797-9350                 Home Loan Experts               (916) 442-1729                   Davis, CA 95616                (916) 784-9070
(916) 797-9352                 990 Bay Terrace Dr.             (916) 442-7852                   (530) 756-5269                 (916) 784-0158
                               Galt, CA 95632              
Ken Davidson                   (209) 747-9689
Office Depot                    (916) 676-4847                  Carol A. Sanchez                 Richard Hernandez              Gerardo V. Calvillo, Jr.
4720 Northgate Blvd.                                           Chevron Corporation              Hyatt Regency Sacramento       Intergrated Design Group
Sacramento, CA 95834           Yolanda Colosio                 1201 K St., Ste. 1910            1209 L St.                     9700 Business Park Dr.
(916) 569-5126                 La Terraza Mexican              Sacramento, CA 95814             Sacramento, CA 95814           Ste 301
(866) 838-4840                 Restaurant                      (916) 441-3638                   (916) 321-3588                 Sacramento, CA 95827
                               1027 2nd St.                    (916) 441-5031                   (916) 321-3589                 (916) 363-7222
Manny Fernandez                Old Sacramento, CA 95814                   (916) 363-0387
River City Development,        (916) 440-0874
LLC                            (916) 440-0875                  Roy M Perez                      Daniel A. Sofia                 Ricardo Granados
PO Box 642                                                     RM Perez & Associates            Calvine High School            Merrill Lynch
Sacramento, CA 95812           Brice Harris                    1215 K St, Ste 1900              8333 Vintage Park Dr.          228 La Purissima Way
(916) 224-3696                 Los Rios Community College      Sacramento, CA 95814             Sacramento, CA 95828           Sacramento, CA 95819
(916) 446-6539                 1919 Spanos Court               (916) 552-2375                   (916) 689-7502                 (800) 677-6204   Sacramento, CA 95825            (916) 552-2324                   (916) 689-7546
                               (916) 568-3021                                                                                  James Morante
                               (916) 568-3023                                                                                  PG&E
                                                                                                                               202 Cousteau Place Ste 150A
                                                                                                                               Davis, CA 95616
                                                                                                                               (530) 757-5202

                                                                                                                               Eric Solis
                                                                                                                               Wachovia Securities, LLC
                                                                                                                               980 9th St, 25th Floor
                                                                                                                               Sacramento, CA 95814
                                                                                                                               (916) 491-6323
                                                                                                                               (916) 443-4789

                                                                                                                               Mee Xiong
                                                                                                                               Waste Management
                                                                                                                               11931 Foundation Place #200
                                                                                                                               Gold River, CA 95670
                                                                                                                               (916) 294-4157
                                                                                                                               (916) 294-9735

                                                                                                                               Thank you for your referrals!
                                                                                                                               Gracias por sus referencias!

                                                                                                                               Nick Montoya
                                                                                                                               Michele Valencia
                                                                                                                               Yolanda Contreras
                                                                                                                               Andrea Rosa
                                                                                                                               Scott Short
                                                                                                                               Dr. Jose Ramirez
                                                                                                                               Brambilas Trucking
                                                                                                                               Phil Serna
                                                                                                                               Manuel Provendor
                                                                                                                               Diana Borroel
                                                                                                                               Nahid Vassef
                                                                                                                               Paul Galindo

10                                     S A C R A M E N T O       H I S P A N I C    |   S E P T / O C T
Brought to you by your Membership Committee

Sacramento Hispanic Business Magazine is proud to       This emphasis on edu-
present the SHCC Ambassador of the Month. Each          cation transcended into                                                                                                                     �������������

issue of Sacramento Hispanic will take a look at our    her career as a bilingual
Ambassador Committee and select one Ambassa-            loan consultant. Angela                                        ��������
                                                                                                                                                                                 ��      � � �� � � �

dor to highlight for their outstanding performance as   firmly believes that edu-
an Ambassador to the SHCC and the Community. In         cation signifies empow-
this issue we will be highlighting Angela Herrera, a    erment, and that the
bilingual Loan Consultant, with Capital Lending and     only way to strengthen
Investments, Inc.                                       the Latino Community is
                                                        through knowledge and
Angela Herrera, born and raised in Sacramento,          unity. She has utilized
California, was raised speaking Spanish at home         her family’s experience
while simultaneously receiving an education in          as a motivation to advo-                                                                                                         ����������
                                                                                                                                                                                          �������� ����

English at St. Ignatius School. She then attended       cate for Latinos, as well                                                                                                        �����������������
Rio Americano High School, and continued her            as educate them on the homeowner experience.                                                                                    �����������       �

education at the University of California, Davis.                                                                                                      �����������
Being that she came from a family of educators,         Angela works closely with the SHCC as an Ambas-                                                                                           �������

her education was always her number one priority.       sador and also serves as Secretary of the non-profit,
She pursued a greater knowing and understand-           Latino Real Estate Forum, which educates industry
ing of her culture through majoring in Spanish and      members on the issues facing Latinos in California.
Latin American History. Her studies took her to         Angela also works with SHCC Chair-Elect, Paul
Granada, Spain and Cuzco, Peru, which furthered         Galindo on a weekly educational show called “Apre-         THE FEATURED MEMBER
her passion for educating the Latino community.         nder a Crecer.”                                            We are currently seeking nominations
                                                                                                                   for our featured member section of the
                                                                                                                   SHCC Magazine. To qualify, please
SHCC MEMBER PRESS RELEASES                                                                                         visit us online at and click
                                                                                                                   on the Sacramento Hispanic link for
                                                            CONGRATULATIONS TO PARR CABINET                        more details.
                                                            OUTLET for their ribbon cutting on Friday, July 7,
                                                            2006 at their location at 1020 Del Paso Rd., Ste       SEND US
                                                            100 Sacramento, CA 95834
                                                                                                                   YOUR STORY IDEAS
                                                                                                                   The Editorial Committee would like
                                                            CONGRATULATIONS TO NORMA ANDRADE
                                                                                                                   to hear from you! If you have a story
                                                            who will be transferring to the Beverly Hills office
                                                                                                                   idea or would like to submit an ar-
                                                            of A.G. Edwards & Sons, Inc effective October 2,
                                                                                                                   ticle, please contact our Production
                                                            2006. She has been a long standing member of           Manager by sending us an email at
                                                            the SHCC as well as a writer for the Sacramento
                                                            Hispanic Business Magazine. We wish her the
FROM LEFT TO RIGHT                                          best of luck.
RUBY MACIEL, JASON CLARK, JEFF COX, ANDY PENUNUNI, FA-                                                             JOIN
                                                                                                                   OUR MAILING LIST!
                                                                                                                   Interested in receiving complementary
                                                                                                                   issues of the Magazine? If so, visit us on-
                                                                                                                   line at and click on the Sac-
                                                                                                                   ramento Hispanic link for more details.

                                                                                                                    SHCC MEMBER AD RATES
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                                                                                                                            full page                                                           $600

                                                                                                                  IN ADVERTISING
                                                                                                                  For information, call Valentin Carrillo
                                                                                                                  at 916.968.7083 or visit
        business section

creating stragtegies
                                   to enhance your
     business potential
                                                                                                     BY TRULA M. LACALLE, PH.D.

Strategic planning is the most important step a business can           the executive team has no sense of pride in or complete commit-
take to address the challenges it faces. Having a clearly devel-       ment to the plan since team members did not fully take up the
oped strategy means having a tool for the business to develop its      challenge of gathering critical information, engaging employees
competitive advantage within the environment. The strategic plan       in a feedback loop, or making difficult future-oriented decisions.
should be based on a thorough analysis of foreseen or predicted        Their over-reliance on the industry expert makes it far too easy
trends and scenarios of possible alternative futures, as well as       to shelve the plan they received and let it gather dust while they
the analysis of internal and external data. The plan must be both      continue business as usual.
creative and critical. Since a well-prepared plan communicates a
coherent, unifying, and integrative pattern of visionary decisions     LEADERSHIP AND MANAGEMENT
that guide daily operations, the strategic plan can be both a tool     DEVELOPMENT OPPORTUNITY
for implementing changes within the organization and a catalyst for    Strategic planning works best when it leverages the benefits of the
potential investors.                                                   planning process itself. In order to do this, the company CEO and
                                                                       all executive team members shoulder full responsibility at every
BENEFITS OF THE STRATEGIC PLANNING PROCESS                             stage of the strategic plan development. Since this is a weighty
Beyond the above-mentioned advantages, strategic planning pro-         and critical process, an executive team can reduce the burden of
vides the benefit of enhancing business growth by developing the        its responsibility by hiring consultants who are industry experts, as
human potential of the organization’s leaders and its employees,       well as consultants who are professionals in strategic planning and
a benefit of strategic planning that is often overlooked. Putting       who will coordinate and facilitate the planning process. Industry
together a strategic plan and reviewing it on an annual basis is a     experts are incorporated into the process of information gathering,
complex endeavor. Developing a strategic plan is a process that        analysis, questioning the data, and offering advice and opinions.
can bring out the best thinking of the people in an organization be-   Professional strategic planning facilitators take an approach that
cause the process is qualitative and idea-driven. It integrates mea-   does not require that they be industry experts in order to provide
surable data with human experiences, intuition, and ideas. It is the   valuable assistance. Their role is to ensure that meeting agendas
planning process itself and its resultant impact on human potential    are appropriate, keep the planning process on task and organized,
that is most valuable to the future strength of an organization.       facilitate meetings and information gathering so that all voices are
                                                                       fairly heard, and maintain records of the decisions made.
Often the value of the strategic planning process goes unrecog-
nized because of the belief that all that is needed in order to suc-   When the process of strategic planning is successful, leaders
ceed is an excellent written plan. For example, a company may          flourish. In a well-orchestrated strategic planning process, lead-
hire an outside expert to analyze its industry and come up with        ers are given leadership and learning opportunities they might
a strategic plan to be delivered to the executive team. While the      not otherwise have. Within the framework of an optimal planning
expert might be steering the executive team in the right direction,    process, they are able to create, clarify, and communicate their

12                                 S A C R A M E N T O    H I S P A N I C   |   S E P T / O C T
overall vision for the organization. They hone their leadership skills by                                                  Concrete Specialist
incorporating their executive team’s knowledge and ideas, along with
the opinions of a range of professional external experts and internal
advisors who contribute to the gathering of essential data. This or-
chestrated planning environment allows leaders to toss about ideas,
test hypotheses, be provocative within the safe parameters of brain-
storming, and participate in a way in which not everyone is looking to
them for all the right answers.

Strategic planning creates an environment that stimulates managers
and supervisors to think and focuses them on the path ahead. Manag-
ers and supervisors are in a better position to provide ideas and solu-
tions when they know the organizational vision. Once a strategic plan
is in place, they are better able to see that departmental decisions
must fold neatly into the big picture. With a clear plan for the future,            Professional and Quality work
they are able to achieve a long-term sustainable advantage in each
of the company’s business practices by responding appropriately to
                                                                                         you can Depend on!
the opportunities and threats in the company’s environment, because
they understand the strengths and weaknesses of the organization.
They engage in continuous learning as they problem-solve ways to                                     We specialize in all types of concrete finishes,
reach objectives stated in the strategic plan. A solutions-seeking at-                               colors, patterns, patio, pool decks, driveways,
titude among managers and supervisors spreads to employees, and                                       foundation, slab, and custom design work.
the organization, as a whole, becomes a learning organization.
                                                                                                           Visit our website to see our work
Strategic planning creates a more positive corporate culture when                  Office: 916.752.6676
employees know that strategic, long-term planning is taking place and              Fax: 916.331.5381
                                                                                   Email:                                                Lic. 845977
that the process is inclusive of many sources, including information
that employees provide. The process allows for a dialogue among
the stakeholders that improves understanding of the organization’s
vision. The process fosters employees’ belief in the strategic plan
and a sense of belonging to the organization as a whole. With a stra-
tegic plan in place, employees have a greater sense of security and
trust, even though, for various reasons, they may not be privy to all
contents of the plan. As a result of the planning process, employees
have a better alignment with organizational values and goals. The bot-
tom line is that employees want to be assured that their leaders have
thought carefully about where the company is going and why it is
                                                                                                     A Special Thanks to the
going there.                                                                                             Sponsors of the

A well-devised strategic planning process supports the development                                                 Inaugural
of a corporate culture that motivates employees. Most employees                                                   Latin Food &
want to feel they are part of meaningful work, part of something big-
ger than themselves, and that they are participants in making a dream
                                                                                                                  Music Festival
                                                                                                                   “Latin Food for the Soul & Music for the Heart”

come true. Employees are more motivated when goals are clear,
                                                                                                                    See you there
within reach, interesting, and maybe even exciting. When the work is
difficult and times are tough, bridging the gap between today’s reality                                   September 29, 2006
                                                                                                          VIP Reception: 5:30pm - 6:30pm
and the organization’s intent for the future is critical. Employees need                                    Festival: 6:30pm - 10:00pm
to know that the company has a plan to deal with current difficulties
and that they are an integral part of the company being able to fulfill                         Tickets:
                                                                                                                                    To take place at the
                                                                                                                                    California Museum
its plan. Every time the company succeeds in achieving intended ob-                   $75 in Advance                           For History, Women, & The Arts
                                                                                                                               1020 “O” Street • Sacramento, CA 95814
jectives, employees realize that the long-term vision will become a                  $100 at the Door
                                                                                                                                Friday, September 29, 2006
reality—and they want to stick around to see it happen.
                                                                                       Register online at
                TRULA M. LACALLE, PH.D. is President, Bella Interna-               or call the SHCC at 916.486.7700 for more information.
                tional, Inc. an organizational development and management
                firm. Ms. LaCalle also serves as a Board of Director for the          Presented by:         Sponsored by:
                                                                                                                                                Join us for the
                SHCC. For more please visit or call (888)                                                      27th Annual State Convention & Business Expo
                                                                                                                               September 28-30, 2006 • Sacramento, California
                522-2553.                                                                                                                “Building Business Capital”
                                                                                                                                 For more info visit or call 916.444.2221

                                                   SACRAMENTO         HISPANIC   CHAMBER        OF     COMMERCE            |   WWW.SACHCC.ORG                                       13
        business section

employment law:
and disabled workers                                                                                          BY ANDREA ROSA, ESQ.

Recently, I was at a party having a good       about the employer’s responsibility to             Federal and state laws make it easier for
time, when my best friend turned to her        provide a reasonable accommodation, if             disabled workers to be in the workforce
boss and said, “You know, Andrea is an         requested by the employee. I sure hope             by requiring employers to change their
attorney who specializes in employment         the company has a knowledgeable human              attitudes and eliminate stereotypes in
law. Maybe you should ask her what to do       resources person or an attorney that can           deciding who to hire.
with that new employee?”                       properly guide them on the issue; these
                                               legal issues are not easy.                         HOW ABOUT YOU?
Her boss turned sheepishly towards                                                                DO YOU KNOW WHAT THE LAW
me and proceeded to tell me that the           Over the years, I have trained EEO officers,        REQUIRES OF EMPLOYERS?
company had just hired a disabled person       human resources personnel, return to work
in a wheelchair for an accountant position.    coordinators, CEOs, business owners                When it comes to applicants and
She immediately stated that she had some       and many others on how not to rely on              employees with disabilities, California law
doubts he could do the job in his condition    prejudice and stereotypes when making              requires two things of employers:
because he would not be able to pick up        hiring and firing decisions concerning the
boxes. I gave her my business card and         disabled. Inevitably, at these trainings I hear    1. Employers must provide a reasonable
told her to call me Monday morning, when       all sorts of excuses why a certain disabled        accommodation to those job applicants
I would be in the right state of mind to       candidate is wrong for the job.                    and employees who, because of their
answer the question. Unfortunately, I did                                                         disability, are unable to perform the
not hear from the individual from the party.   For example, if the person is a wheelchair         essential functions of their job.
Had she called, I would have advised her       user, most decision makers believe he
                                               or she will be too much of a problem, or           2. Employers must engage in a timely,
                                               the accommodations will be too costly.             good faith interactive process with job
  Do you have an employment law question?
                                               Likewise, if the candidate is dyslexic,            applicants or employees in need of a
  If so e-mail your questions/comments to      employers believe he would have problems           reasonable accommodation.
  the Editor at         with email, would not grasp complex
                                               ideas, and will depend on others.

14                                  S A C R A M E N T O   H I S P A N I C   |   S E P T / O C T
                                                                                                       business section

If a person with a disability applies for a job with your company and she/he
can perform all of the essential functions of the job, except for those that the
disability prevents her from performing, the state disability laws require that
you provide her with a reasonable accommodation. The accommodation is
an adjustment or modification provided by you to allow her to enjoy equal
employment opportunities as individuals without disabilities.

Not all people with disabilities (or even all people with the same disability)
will require the same accommodation. Some examples of reasonable
accommodations include:
• a deaf applicant may need a sign language interpreter during the job
• an employee with diabetes may need regularly scheduled breaks
  during the workday to eat properly and monitor blood sugar and
  insulin levels
• a blind employee may need someone to read information posted on a
  bulletin board

Once a job applicant or employee requests a reasonable accommodation,
employers must engage in a timely, good faith interactive process.
California incorporates the guidelines developed by the Equal Employment
Opportunity Commission in defining an “interactive process”.

The guidelines include talking to the individual to find out what are his/
her job-related limitations and how a reasonable accommodation can
help them do their jobs. Then the employer must identify potential
accommodations and assess their effectiveness.
                                                                                           JOSE M. RAMIREZ, M.D.
An employer should never ignore a request for an accommodation.
You should immediately acknowledge the request and get back to the
employee within a reasonable amount of time.

WHAT IS A DISABILITY?                                                                                                   “We are a Family
Before an applicant or employee is accommodated, he or she must                                                         Medical Clinic
establish that they have a disability as defined under the law. However,
                                                                                                                        dedicated to
many employers choose to make any reasonable accommodation for an
employee with an accommodation request. The purpose for this may
                                                                                                                        meeting the needs
be because of the difficulty of determining whether a medical condition                                                  of our under served
meets the criteria of a disability according to the law. In addition, it’s just                                         community.”
good employee relations and shows that an employer cares to make
accommodations for employees with medical issues. Making overall,
general accommodations for medical problems also shows proof of
an employer’s attempt to comply with the law, in case a decision is
ever challenged. Of course, by doing this, employers may be setting
themselves up for accommodating anyone with medical problems and                                                        Board Certified Family Practice
not just disabilities.
                                                                                                                        Licensed Civil Surgeon
                                                                                                                        Immigration Physicals and
                 ANDREA ROSA, is an attorney and the founder and principal man-                                         Medical Services
                 ager of The Rosa Law Group. She has over 20 years experience
                 as an attorney counseling employers and employees in all areas                                         7600 Hospital Drive, Suite H
                 of labor and employment law, conducting neutral workplace inves-                                       Sacramento, CA 95823
                 tigations and training in the areas of sexual harassment, disability                                   Phone: 916.689.6160
                 and other forms of discrimination. If you have legal questions re-                                     Fax: 916.689.3711
                 garding disability discrimination and accommodating a person with
                 a disability, call (916) 449-9681 for a free 30-minute consultation                                    Visit us online at
                 or visit her web site at                                            

                                                     SACRAMENTO          HISPANIC       CHAMBER   OF   COMMERCE   |   WWW.SACHCC.ORG                   15
Call today to speak with an Insurance or Real Estate Professional!
                          Se Habla Español
                                                                     Rachel Gonzales Garcia
• Buy • Sell • Refinance • First time Buyer •

              • Commercial Insurance •                                2755 Cottage Way #19-20
                                                                        Sacramento, CA 95825
                  • Home Auto & Life •                                   Direct: (916) 275-7827
                                                                         Office: (916) 489-8141
            • Loan & Real Estate School •                                   Fax: (916) 489-8137
                 Earn while you learn!                                                Lic# 0E14631, #01383692

 Proud Sponsor of the
                             ANNUAL JALAPEÑO
                             CLASSIC GOLF TOURNAMENT



8299 Florin Road, Ste 100
   Sacramento CA 95828

                                                                       A VALTEKE.COM DESIGN
         P. 916.386.6001
         F. 916.386.1059
                                                                                       ¡que tal!

                                                classic golf
                                    combining golf and giving for 19 years


                                     Nineteen years ago—in 1988—the Sacramento Hispanic Chamber of
                                     Commerce (SHCC) organized the first JALAPEÑO Classic Golf Tourna-
                                     ment. Today, this has become one of Northern California’s premier golf
                                     tournaments. However, this event has a much larger goal than simply a day
                                     of fun on the green. Supporters and sponsors of the JALAPEÑO Classic
                                     raise funds for chamber operations and for scholarships to help encourage
                                     Hispanic youth to maximize their potential by furthering their education. The
                                     SHCC Mayor Joe Serna Jr. Scholarship Program is the principal benefac-
                                     tor of the proceeds from the JALAPEÑO Classic which raises thousands
                                     of dollars each year.

  TOURNAMENT                         For over 19 years, the JALAPEÑO Classic has provided an opportunity
  SPONSOR                            for Hispanic business leaders and corporate sponsors to develop potential
  Johnnie’s Body Shop                and long-term business relationships while enjoying a favorite activity. This
                                     year’s event, held August 25, at the Lincoln Hills Golf Club was no excep-
  SILVER SPONSORS                    tion. The day began with a delicious Pozole breakfast courtesy of Griselda’s
  Wells Fargo
                                     Catering, followed by a shotgun start at 7:30 a.m. Every golfer received a
  Griselda’s Catering
  US Bank
                                     shirt, a tee bag, a delicious gourmet lunch plus the chance to participate in a
  Washington Mutual                  raffle with great prizes, a silent auction, even a chance to win a vacation get
  Galindo Communications             a way that included airfare! Radio station V101.1 broadcast the excitement
  Roseville Toyota                   live from the golf course.
  Merril Lynch
  Jose Ramirez, MD
                                     When asked what she enjoyed about the tournament, Norma Barajas of
  Martel Medical Eye Center
                                     Texas Mexican Restaurant and Catering, said that it’s being with “great
  SMALL BUSINESS                     company in a relaxed atmosphere that allows you to go beyond friendship
  SPONSORS                           to business networking.” Robert Martinez, Vice President of the Latino
  MGT of America, Inc                Junior Golf Association, agrees and said that “Any day golfing is a good
  Enterprise Rent A Car              day!” He is also impressed by the “excellent support that the tournament
  Bimbo Bakeries USA                 provides.” Robert brings young people to the tournament because he feels
                                     that “golf teaches life skills for school and eventually college.”
  Comcast                     SACRAMENTO   HISPANIC   CHAMBER     OF   COMMERCE    |   WWW.SACHCC.ORG           19
There were also a plenty of volunteers who helped the SHCC           their hard work. In an expression of appreciation, Diana pre-
staff keep the day running smoothly. Cecily Dussell, 15 ½-           sented a check to the Latino Junior Golfers Association for all
years old, has volunteered every year for the past three years.      the organization does for young people in the community.
Formerly a member of the Latino Junior Golf Association, Ce-
cily says that she has “fun helping with the Power Drive and         After these presentations, Charlie Ramirez and his daughter Mon-
Prize Hole contests and meeting everyone.”                           ica drew names for the raffle prizes like golf bags, even a trip to
After the fun on the green was complete, it was time for the         Hawaii! Themed baskets with items from Music Circus tickets to
luncheon, raffle and silent auction and special presentations.       nuts were up for bid in the silent. There was even an autographed
Paul Galindo emceed the luncheon and kept the good mood of           jersey from Francisco Garcia of the Sacramento Kings.
the audience with his warmth and sense of humor.
                                                                     Several Mayor Joe Serna, Jr. scholarship recipients volun-
During the luncheon, SHCC President/CEO Diana Borroel pre-           teered their time at the event. Second year scholarship recipi-
sented a check for $9,735.00 to St. Joseph’s. Principal Patri-       ent Alex Cardenas was:”excited to see everyone and grateful
cia Peterson and Sister Aster accepted the gift on behalf of         to receive the scholarship for a 2nd year.” “It’s great to see all
the school and in their appreciative remarks said” This will go      of the support for students,” he said. This award is helping
a long way towards helping those who could not otherwise af-         Alex in his second year of pursuing a degree in Business/Com-
ford a quality education.” Dr. Ramirez thanked them for being        munications. First year scholarship recipient Karen Angel was
an “educational entity that is educating the entire community.       also impressed, saying “I didn’t realize there were so many
We are honored to present this money.”                               people involved—it’s awesome!” Another first year scholar-
                                                                     ship recipient, Cassandra Noriega, was glad to part of this “in-
During the luncheon, Dr. Ramirez spoke to the audience about         teresting new experience.”
how their contributions are going toward education. He also          This event was also an opportunity for the people who so gen-
said that he was deeply touched and grateful for the support         erously support education to meet some of the students who
shown to this cause. “We need an educated workforce so that          are able to pursue their educational goals because of their help.
we don’t lag behind.” He thanked the tournament sponsors,            SHCC President/CEO Diana Borroel sums it up perfectly, “A
SHCC President Diana Borroel and the SHCC staff for all of           person has more focus on the golf course when the end re-
their efforts to make the event a success.                           sult leads to a path of success for a student.” The JALAPEÑO
                                                                     Classic Golf Tournament continues to be a perfect combination
Paul Galindo, Chair of the JALAPEÑO Committee, thanked               of good times and good will.
and introduced tournament sponsor Charlie Ramirez, owner of
Johnnie’s Body Shop and his daughter Monica for their sup-
port. Next Diana Borroel thanked everyone for their support          KAREN MCCORD is the owner of Hill McCord Communications, LLC.
whether they sponsored a booth, a foursome or volunteered            Services include creating, writing, editing and designing both web and
their help. She also thanked the SHCC staff—Celia Cortez,            print-based marketing and business collateral. For more information,
Ruby Maciel, Mary Carmen Martinez and Faviola Ramirez for            please contact her at or at 916.502.0268.


20                               S A C R A M E N T O   H I S P A N I C   |   S E P T / O C T
CA State Lottery
Martel Eye Medical
Southwest Airlines
State Farm Insurance
Western Health Advantage
Elevator Controls
Sacramento Business Journal
Ray Morgan Company
SIA Professionals

Barton Beers
Black Diamond Photo
Griselda’s Catering
Interactive Golf Games
Proper Magazine
Signature Press
Univision 19 & Telefutura 64
ValTek Enterprises
SIA Professional Services
Commerce Printing

Macias Gini
Prudential CA Realty

Bustos Media
CA State Fair
Cache Creek Casino Resort
Capital Lending & Investments
Discover California
Disneyland Resort
Great America
Harrah’s Lake Tahoe
Kraft Real Estate
Lee’s Collision Repair
Lincoln Hills Golf Club
Macias Gini
Maloof Entertainmen
Metro PCS
Oakland Raiders
Sacramento Zoo
San Francisco 49ers
Sierra Central
Six Flags Marine World
State Farm Insurance
Travis Credit Union
Washington Mutual
Wells Fargo

                                SACRAMENTO   HISPANIC   CHAMBER   OF   COMMERCE   |   WWW.SACHCC.ORG   21
22   S A C R A M E N T O   H I S P A N I C   |   S E P T / O C T

     Representing Clients Since 1988 in:
          • Business Structures and Negotiations
          • Access to Capital/Venture Capital and Financing
          • Employment Matters
          • Litigation

     General Counsel , United States Hispanic Chamber of Commerce
     2004 - present
                                                                             MELINDA GUZMAN
     Chair, California Hispanic Chamber of Commerce
     2001 - 2005
                                                                                                                  A VALTEKE.COM DESIGN

                                                                            A QUOTE FROM A CLIENT:
     Sacramento Hispanic Chamber of Commerce “Business Woman of the Year”
     1999, 2005
                                                                            “Aggressive, enthusiastic,
                                                                             prepared approach”

     California Real Estate Broker, License No. 01517816
     Attorney License in California and Washington, D.C.

� � � � � � � � ��
     � � � � � � � ��������������������������                                                     916.448.0448
              � � � ��������������������
             �� � � � � � �� � �
  � � � � � � � � � � � �� � � ��                                                     
         special features

                                             partnership is key
At Intel Corporation, we succeed in ways that honor our values           Intel Involved is also responsible for managing Intel’s annual Com-
by respecting individuals, communities and the planet. Our stand-        munity Giving Campaign with the United Way. In 2005, Intel was the
ing as a responsible corporate citizen is important to us, and we        regions’ largest private company donor to the United Way Califor-
employ systems processes and people to manage it. We make en-            nia Capital Region campaign with $1.6 million in contributions.
ergy efficient products to not only meet customer needs, but also
because they can reduce our environmental footprint. We make             Intel Involved Sacramento Area Highlights:
promoting education a priority not only because it is the key to a       • More than 17,000 pounds of food donated to the Sacramento
better, more capable world, but also because the success of our            Food Bank for the Thanksgiving Food Drive. 5,000+ pounds do-
company depends upon informed consumers and educated work-                 nated in spring food drive.
force. And we help build stronger communities around the world           • Adopt 125+ families during the holiday Adopt a Family program
not only because it is our responsibility. But also because it helps       through Salvation Army
our employees take pride in Intel an in their communities.               • 400+ backpacks filled with supplies donated on the 1st day of
                                                                           school to a local elementary school yearly.
One of our key corporate values, displayed on Intel posters and          • Employees volunteer at: National Engineers Week (teach-
employee badges all over the world, is to be “an asset to our              ing engineering lessons at local schools), Rebuilding Together
communities worldwide.” Intel employees contribute thousands of            Day (rebuilding Sacramento area homes), Junior Achievement
volunteer hours each year through the “Intel Involved” program in          (teaching lessons to local school students), the Business of
support of local education, community service projects and envi-           Reading—School Program (volunteers read to students), PC
ronmental programs. In 2005 Intel employees contributed more               Pals e-mail mentoring program, plus dozens of other activities
than 56,000 hours of volunteer time in the Sacramento regional             throughout the year.
community. Through Intel Involved, more than 2,000 Folsom based
employees (more than 35% of its campus population) volunteered           Intel contributes more than $500,000 yearly in grants to area
for a variety of regional education, charity and community activities.   schools in an effort to fuel science and technology programs.
                                                                         Grant winners include Sacramento City Unified, Folsom Cordova
Intel Involved features several key programs, including the Volun-       Unified and Grant Union High School.
teer matching Grant Program. This effort involves Intel employees
who volunteer at regional schools, for every 20 hours an employ-         Intel is proud to be an active community leader on so many
ee volunteers, Intel contributes $200 to the school. In 2005 Intel       fronts and looks forward to continuing to serve in this role for
contributed more that $525,000 to Sacramento area schools.               years to come.

24                                  S A C R A M E N T O     H I S P A N I C   |   S E P T / O C T
        special features

      supporting education
 through macy’s community
              shopping day

A very interesting woman who lends a spirited amount of
encouragement to Latinas is right here in our own backyard. As
a Vice President/General Manager of Macy’s Downtown Plaza,
Maria Padilla-Angel is a very successful Latina in management at
Macy’s. Ms. Padilla-Angel attributes her success to being mentored
by many in her life: her father, Jesus Padilla; older brother, (now
deceased) Martin Padilla and her boss, Jack Chestnut, who has
mentored her professionally over the years.

Being a first generation Mexican-American, Ms. Padilla-Angel           everything at Macy’s. In addition, shoppers will enjoy a day of food
learned the value of hard work as a child while working the citrus    and beverage samples, promotional gifts and the opportunity to
fields and having to awaken at 5:00 a.m. during the summer.            win a $1,000 shopping spree! Participating organizations will
However, because education was an important priority in her           receive 100% of the proceeds—all we have to do is sell the tickets
family, she pursued and received a B.A. degree in Marketing/          at $10.00 each! This is a great opportunity for the Sacramento
Accounting from California State University, Sacramento. She          Hispanic Chamber of Commerce and the Education Scholarship
applied her education in the retail sector working for Macy’s the     Committee to raise needed funds for our community scholars. If
past 20 years and is now Vice President/General Manager. As a         we each buy a ticket and sell some to our amigos, familia, or even
wife and mother of two children—Alexis and Julian—Ms. Padilla-        a stranger; we could raise $10,000 or more and provide 10 more
Angel knows the importance that mentoring and education have          scholarships to deserving students. REMEMBER THE GOAL IS
on the community. She hopes to support more Hispanics with            1,000 TICKETS TO BE SOLD. If you can help, please contact
career advancement with Macy’s..                                      Ruby Maciel at 916-486-7700 or email

Because Macy’s is committed to the serving the Sacramento             Please join us on October 26, 2006 at Macy’s Downtown Plaza for
community, the store will host a Community Shopping Day on            the Community Shopping Day. Fashion with Compassion!
October 26, 2006 at Macy’s Downtown Plaza. The purpose of             Sincerely,
this Community Shopping Day is to raise money for local non-
profit organizations through the sale of $10.00 tickets. Each ticket   Noreen A. Diaz
entitles the bearer to an exclusive 15 to 20% discount on almost      Chair of the SHCC Education Committee

26                                 S A C R A M E N T O   H I S P A N I C   |   S E P T / O C T
      special features

chamber board member

                                                              helping many get projects
                                                        unstuck and back on track
New book presents the power of his trademark ‘Magic Megaphone’ process
                                                                                           BY MIKE GARCIA

                                    When a company or group gets stuck try-            Montoya said the process helps people
                                    ing to come up with an important project           understand the basics of what will help
                                    plan, a consultant is often hired at a cost        carry their project through to comple-
                                    of several thousand dollars. If it decides         tion or help their products sell. The book
                                    to plod through the process itself, the            by Montoya and Peterson is titled THE
                                    company or group may end up with a mis-            MAGIC MEGAPHONE: how to get your
                                    sion statement several paragraphs long             projects unstuck and back on track in
                                    that takes forever to finalize or a project        under 60 minutes.
                                    plan that is less than optimum.
                                                                                       The Magic Megaphone consists of five
                                    “It’s not easy being a project manager in          simple steps (making up the letters of
                                    today’s corporate world,” said Nick Mon-           the word “magic”):
                                    toya, Director of the Folsom Excellence
                                    Program at Intel Corporation and a mem-            • Motivate and inspire your team
                                    ber of the Sacramento Hispanic Chamber             • Accelerate project success
                                     of Commerce’s Board of Directors.                 • Get everyone on the same page
                                                                                       • Identify key targets and stakeholders
                                               A process developed by                  • Create a mission that is simple and direct
                                               Montoya (which he has writ-
                                              ten about in partnership with            During his 25 years at Intel, Montoya has
                                             Rocklin business writer Roger             conducted more than 200 Magic Mega-
                                           S. Peterson) called the “Magic              phone sessions with colleagues. He has
                                          Megaphone” can help get projects             also shared the process with many other
                                         “unstuck” in only one hour.                   businesses and organizations.

                                       Montoya, who is the first person in his         “There was always a lot of interest in the
                                     family to graduate from college, spent            program, and it really has started to pick up
                                    three years in Japan and one year in Ma-           over the last two years,” said Montoya.
                                    laysia practicing the principles taught in
                                    The Magic Megaphone. He said it was                Peterson said that he was hired at Intel
                                    15 years ago that he developed the                 four years ago and witnessed Montoya
                                    “magic megaphone” process.                         give a presentation on the Magic Mega-
                                                                                       phone process.

28                       S A C R A M E N T O   H I S P A N I C   |   S E P T / O C T
“I said to him, ‘Nick, this is an awesome     site at, and
process! I think you should do a book on      will soon be available on In
this,’” said Peterson.                        the future it should also be available at
                                              major bookstores like Borders, Barnes &
So Montoya and Peterson collaborated          Noble and Waldenbooks, said Montoya.
to bring the Magic Megaphone process          The cost for the book is $21.95.
to as many people as possible and get
the book written and published. They          Montoya and Peterson formed a compa-
said the principles taught in the book can    ny, Megaphone Communications, which
be applied by anyone, for both business       houses the publishing for future Magic
and personal projects.                        Megaphone books and where one can
                                              find consulting, coaching and seminar
“The case studies and examples in our         services.
book can be applied by project manag-
ers, anyone involved in business projects     Montoya and Peterson are planning a
or who has a business goal,” said Mon-        book signing event to benefit the Sacra-
toya. “It can be for big or small organi-     mento Hispanic Chamber of Commerce’s
zations, big or small projects. The Magic     annual scholarship fund. It is set for 6
Megaphone applies to any goal or any          p.m. on Friday, October 13 at Cantina
project in any walk of life.”                 del Rio, 106 J Street in Old Sacramen-
                                              to. Montoya’s daughter, Giana, a pro-
“It is not limited to any specific audience   fessional Salsa dancer, will perform at
and is for everybody,” said Peterson.         the event. Ten percent of the book sales
                                              that night will go toward the Chamber’s
Montoya said he and Peterson are ex-          scholarship fund.
panding the scope of the Magic Mega-
phone to include religious leaders, law-      Montoya is serving his third year of a
yers, coaches, public relations profes-       three-year term on the Board of Direc-
sionals and Latino business owners,           tors for the Sacramento Hispanic Cham-
among others.                                 ber of Commerce. He has been married
                                              to his wife, Cathy, for 23 years and they
The Sacramento Hispanic Chamber of            are very proud of their three daughters:
Commerce used the Magic Megaphone             Giana, 21, Elisa, 17, and Lia, 15. Mon-
to help manage membership sales and           toya enjoys Latin dancing and one of his
services, breaking all membership re-         many interests is Paso Fino horses.
cords. As a result, Montoya is in demand
to share the Magic Megaphone for every
                                                Book Signing to benefit the SHCC
chamber initiative, event and project.
                                                Mayor Joe Serna, Jr. Scholarship Pro-
                                                gram. 10% of Books sales at this event
“By applying the Magic Megaphone pro-           will be donated the SHCC Education
cess, you can relieve that stress and           Committee. Come support your fel-
frustration of being stuck and get back         low member and our SHCC Education
on track,” said Montoya. “In the book we
have beautiful examples to help people          Cantina Del Rio, 106 J Street
get ‘unstuck.’”                                 Old Sacramento, CA

Montoya said that the initial publishing        October 13, 2006 | Starts at 6pm
run, beginning September 25, will be
                                                Bring the family and enjoy an evening                     MIKE GARCIA is a contribut-
2,500 copies of The Magic Megaphone.            out at Cantina Del Rio                                    ing writer for Sacramento His-
The 128-page book is available exclu-                                                                     panic. He can be contacted at
sively on the Megaphone Publishing web-         Book price is 21.95 plus tax.                             michaelgarcia@hotmail.comor
                                                                                                          (916) 541-6609.

                                              SACRAMENTO      HISPANIC    CHAMBER    OF   COMMERCE   |   WWW.SACHCC.ORG             29
      special features

                                                      IZABELLE PONCE SIMMONS

 Business Meetings:
 Role of the Chairman and Participants
 We as Hispanic-Americans doing business with Latinos from         In deciding whom to invite, the size of the meeting depends on
 south of the border and with Americans (Anglo-Saxons) must        the purpose, so use the two-step process. First, put down the
 always remember the rules of etiquette when it comes to           names of those whose jobs or responsibilities could be affected
 punctuality and timeliness.                                       by the meeting as well as those who will make important contri-
                                                                   butions. Then, review the list and see whose name you can elim-
 We are known for being late and even joke about M.S.T.            inate. But remember that if you invite most of the department
 (Mexican Standard Time). But when doing business, remem-          heads, you should invite them all. Be sensitive to hierarchy. Do
 ber that the American culture and American businessmen are        not invite a subordinate and fail to invite the department head.
 very much on time. Which brings me to our present business        Or you can call for two meetings and invite half one time and the
 etiquette lesson on Meetings, the Role of the Chairman, the       other half the next.
 Agenda and the Role of the Participant.
                                                                   At many board meetings, seats are assigned and name cards are
 First and foremost the meeting should have a goal. Whether        placed on the table before the meeting begins. Smaller informal
 it be to communicate information, brainstorm, set policy or       meetings will not have name cards. Remain standing and do not
 train new personnel. The Chairman is the person who is re-        sit down until the Chairman directs you to sit. The seat to the
 sponsible for running the meeting, drawing up the agenda          right of the Chairman is for his closest ally or “right-hand man.”
 and deciding who to invite. The Chairman introduces the           The seat to the left, centuries ago, was saved for the king’s
 participants to one another, makes sure the meeting runs          adversary. This assured that the king had control of his enemy’s
 smoothly, plays diplomat, lets everyone have a chance to          sword hand. So the seats closest to the Chairman are still to
 speak and breaks every two hours if the meeting runs long         this day considered the most important seats in the house.
 to give participants an opportunity to use the restroom, get
 fresh coffee, etc.                                                Participants should not be late and should do their homework
                                                                   before arriving. Leave on time, get directions off MapQuest, call
 The Agenda is set in the order of most important business         the secretary beforehand to ask for clarification on the direc-
 first. If for some reason the meeting runs long, the least im-    tions, make sure you have cash for parking and gas up the night
 portant items are postponed till the next meeting. The Agen-      before. A good Chairman will call on younger, inexperienced
 da should be distributed well in advance of the meeting so        participants for fresh ideas and their input. If you are a newer
 that participants can do their homework and offer ideas or        member and uninformed, it is better to listen and not speak up
 solutions to the business at hand.                                unless called on.

30                              S A C R A M E N T O   H I S P A N I C   |   S E P T / O C T
                  We are known for being
                  late and even joke about
                  M.S.T. (Mexican Standard
                  Time). But when doing
                  business, remember that
                  the American culture is
                  very on time.

How to shine at a meeting:
ü Prepare thoroughly.
ü Be on time. (No more than five minutes late.)
ü Stand until asked to sit.
ü If you’re not introduced to others by the Chairman, intro-
duce yourself.
ü If you are a new employee, listen to others before speak-
ü Volunteer when you have a contribution to make.
ü Phrase your ideas as recommendations, not orders.
ü If you must disagree, do so diplomatically.
ü Don’t be afraid to be wrong. No one is right all the time.
ü Work with the group toward a solution.
ü Look at others when they are speaking and not down
at the table. (In some cultures, eye contact is considered
disrespectful, so do your international business etiquette
ü Never let boredom show. (Don’t slump, yawn, fidget or
play with coins, food, your hair or cell phone.)
ü If it was a helpful meeting, let the Chairman know.

                                                SACRAMENTO     HISPANIC   CHAMBER   OF   COMMERCE   |   WWW.SACHCC.ORG   31
                                                                           al the point...

 consider a
                                           401[k] plan
  for your business                                                                                                              B Y: N O R M A A N D R A D E

In the past, employers traditionally offered “de-     This is a provision that can be added to any         One way to increase participation is to hold em-
fined-benefit” plans for their employees—oth-           401(k), however, and should not be viewed as         ployee meetings on the subject. These meetings
erwise known as pensions—to help provide for          a third plan option.                                 are most effective when structured as part of an
their needs after they stopped working. Howev-                                                             enrollment campaign. Following are a few key el-
er, as times have changed, many employers are         Administering a traditional 401(k) requires you      ements to consider for a successful campaign.
now offering a different type of program that fo-     to perform what’s known as nondiscrimination
cuses on a defined contribution, with the 401(k)       testing on an annual basis. What this boils down     For starters, you should schedule your cam-
leading the way as the most popular version.          to is a pair of tests that must be performed to      paign to coincide with annual raise or bonus
While many large corporations have embraced           make sure that both the amounts deferred by          time. This gives employees a timely reminder
the growth of the 401(k) movement, small busi-        employees and the employer matching or profit         just when they have the funds they may need to
ness owners sometimes mistakenly assume               sharing contributions to the plan do not dis-        contribute. In addition, you can hold educational
this type of arrangement won’t be suitable for        criminate in favor of business owners and other      meetings during working hours and make at-
the needs of their closely held business. How-        highly compensated employees. If not enough          tendance mandatory by requiring employees to
ever, these plans can indeed be beneficial for         employees participate in their 401(k), contribu-     sign in. You should make sure to keep meetings
these owners and their employees.                     tions by owners and other executives to their        brief and small, but allow for interactive discus-
                                                      own plans can be limited by these tests.             sion to help employees feel comfortable.
By way of background, employees defer a por-
tion of their salary into a 401(k) plan on a pretax   The safe harbor 401(k), on the other hand,           Helping your employees save for their retire-
basis to help fund their retirement. In addition      eliminates discrimination testing. This arrange-     ment can benefit you as well as them, so take
to employee funds, business owners can also           ment allows highly compensated employees to          the time to find out more about your options
make contributions to these savings vehicles,         maximize their salary deferral contributions—up      with 401(k) savings vehicles.
and they are considered a tax-deductible busi-        to $15,000 per individual in 2006—regardless
ness expense. These contributions can be              of the participation levels of other employees.      NORMA ANDRADE is a Financial Consultant with
                                                                                                           A.G. Edwards & Sons, Inc., member SIPC and fo-
made as a match to employee contributions, as                                                              cuses on estate planning and business planning.
a discretionary profit sharing contribution, or a      After you’ve had a chance to review all the          Ms. Andrade can be reached at 916-927-4444 or
combination of the two.                               details, choosing a retirement savings plan for      via email at
                                                      your company is only half the battle. With a pro-
                                                                                                           A.G. Edwards generally acts as a broker-dealer, but
When considering 401(k) options for your busi-        gram in place, it’s important to make your em-       may act as an investment advisor on designated
ness, there are two primary types—the tradi-          ployees aware of it and encourage their partici-     accounts, and the firm’s obligations will vary with
tional 401(k), and another known as a safe har-       pation. Unfortunately, for a variety of reasons,     the role it plays. When working with clients the firm
bor 401(k). Before we go further and look at          many employees choose not to participate in          generally acts as a broker-dealer unless specifically
                                                                                                           indicated in writing. To better understand the differ-
the difference between the two variations, it’s       a 401(k). Some hindrances include not under-         ences between brokerage and advisory services,
worth noting that, as of the beginning of 2006,       standing plan benefits or investments, or even        please consult Important Information About Your
some plans have also begun offering the abil-         just the fear of being able to meet everyday liv-    Relationships With A.G. Edwards on agedwards.
ity to make salary deferral contributions on an       ing expenses on a smaller paycheck.                  com/disclosures.
after-tax basis—known as a Roth contribution.

                                                      SACRAMENTO        HISPANIC      CHAMBER      OF     COMMERCE      |   WWW.SACHCC.ORG                  33


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         counsel’s corner

piercingthe veil of limited
                                           counsels corner

       liability companies [llc]                                      B Y L E O N O R Y. D I C D I C A N , E S Q . 1 A N D
                                                                                M A R K E . P E T E R S O N 2, D I E P E N B R O C K H A R R I S O N

In previous articles of Counsel’s Corner,         WHEN WILL A COURT                                  ALTER EGO
we have examined the use of the Limited           ASSIGN LIABILITY?                                  According to California law, members of
Liability Company (“LLC”) to own and              In general, California law prevents a mem-         an LLC can be subject to liability under
operate businesses. One of the main               ber of an LLC from being held person-              the “Alter Ego” doctrine. This doctrine is
advantages of the LLC is the benefit of           ally liable for the debts of the business          applied if: (1) there is a unity of interest
limited personal liability of the members         solely for being a member of the LLC.              such that the LLC no longer has a per-
for the debts of the business, without            Of course, members will still be person-           sonality separate from the members; and
the strict requirements of a corporation,         ally liable for their own conduct and for          (2) an inequitable result will follow.
which may be burdensome in many small-            any personal guarantees they may make.
er businesses. However, this protection           However, the law also provides an excep-           When a court is examining the question
from personal liability is not absolute. In       tion to the general rule of no personal li-        of whether the LLC maintains a separate
certain circumstances a court can “pierce         ability. A court can impose liability on the       legal personality, it looks at a number of
the corporate veil” and assign personal           member of an LLC in the same manner                factors. One of the main factors a court
liability to the members of the LLC for the       that it can impose liability on the share-         looks at when dealing with a corporation
business debts of the LLC.                        holder of a corporation. This is called            is the observance of corporate formali-
                                                  “piercing the corporate veil.” Courts will         ties. Unlike corporations, however, LLC’s
  If you have questions concerning the start-     “pierce the corporate veil” in a few spe-          are not required by law to observe the
  up or operation of a business, please e-mail    cial situations.                                   formality of holding annual shareholder/
  them to the Editor at                                                        member meetings. Although not required

36                                     S A C R A M E N T O   H I S P A N I C   |   S E P T / O C T


                                                                                                                                                             WE OFFER
                                                                                                                                                              WE OFFER
                                                                                                                        VOL 2 • #10 Enero
                                                                                                                                VOL 2 • #10 Enero
                                                                                                                                          2006        2006
                                                                                                                                                                GREAT SERVICE
                                                                                                                                                             • • GREAT SERVICE
                                                                                                                                                             • • QUALITY
                                                 VOL 2 • #9 2 • #9 Dic
                                                           Diciembre iembre 200
                                                                                                                                                             • • DISTRIBUTION
                                                                                                                                                             • • PROFESSIONALISM
                                                                                                                                                             • • RESULTS

                                          +El Papa prohibe ibemo mo
                                           +El Papa proh ho hose
                                                 Madona se sie
                                                    Madona se sie
                                                 Claudia Shife
                                                                 nte nteyGay
                                                                            xuales s                                                                         WITH OVER 33YEARS
                                                                                                                                                              WITH OVER YEARS
                                                    Claudia Shife

                                                                                                                                                             EXPERIENCE IN THE
                                                               r esr esta bara
                                                                                                                                                              EXPERIENCE IN THE
                                                                   ta em embarazada da

                                         y Prospero Año Nuevo
Freeway Latino Magazine lesne les desea Feliz y Prospero
                                                         Año Nuevo
   Freeway Latino Magazi desea Feliz
             La        n         05
      +mramyrenso20e 20p an
                             05                                                                                                                              HISPANIC COMMUNITY
                                                                                                                                                              HISPANIC COMMUNITY
                  de d er
          El re ENERO g Vol 2Vol N o2 sao 1 sa
              El re ENERO 2006rincenN
               e nueva a p
          NacNace nuev
                            p     ri ce
                                                                                                                                                             WE KNOW HOW TO GET
                                                                                                                                                              WE KNOW HOW TO GET
                                                                           WAY LATIN
                                                                                  Y LATINO
                                                                                     O LES DE S
                                                                                           LE DESE
                                                                                             SEA UNA UN
                                                                                                   A FELIZ
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                                                                                                                                                             YOUR MESSAGE OUT.
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                                                                                                                DIC 2005 200
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+J-LO:J-LO: álbum totalmenteespañol +tneBriy tnerreCarretera
                                                              | DUELDUEL
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                                 ES PR PREM
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                      SC | B | BM
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                 AERO ERO SC    español
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      BMW M5 M5                                                     Mejor RE 20 En20 l
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         counsel’s corner

to hold these meetings by law, an LLC           Fraud may consist of, among other things,                             DISCLAIMER: This discussion is general in nature
can obligate itself to do so by stating         misrepresentations of the business’s fi-                              and is not intended to and does not create an at-
such a requirement in its articles of orga-     nancial health, misrepresentations as to                              torney/client relationship. This discussion should
                                                                                                                      in no manner be relied upon nor construed as le-
nization or operating document. If a busi-      the performance of the business, or mis-
                                                                                                                      gal advice, particularly since most legal outcomes
ness owner includes such a requirement          representations that someone beside the                               are highly dependent on the facts of a particular
and then fails to keep the requirement, a       entity, such as a member or manager, will                             case or situation. This discussion is provided on
court may determine that failing to hold        stand by the business debt.                                           the condition that it cannot be referred to or quot-
                                                                                                                      ed in any legal proceeding. The reader is strongly
member meetings weighs in favor of ap-
                                                                                                                      urged to consult with a lawyer for legal advice
plying the alter ego doctrine.                  Some specific examples of fraud include:                              and with a financial advisor for financial advice on
                                                (1) distributing funds in violation of the                            these matters.

A second very important factor is wheth-        terms of the articles of organization or                              1
                                                                                                                       MS. DICDICAN is an associate at Diepenbrock
er the members have commingled their            operating agreement; (2) forming the LLC                              Harrison. Her practice involves general business
personal funds with the funds of the LLC.       for the purpose of avoiding contractual li-                           and corporate transactional matters. She received
In many small businesses where an LLC           abilities; or (3) using LLC funds or credit                           her LL.B. from the University of the Philippines
                                                                                                                      and her LL.M. in International Economic Law from
is so useful, business owners often fail        to obtain personal loans.
                                                                                                                      the University of Michigan. She is admitted to
to keep the funds separate or use LLC                                                                                 practice in the states of California and New York.
funds for personal purposes. Courts may         An LLC can be an effective tool for the
use this as an indication that the LLC and      small business, but care must be taken to
                                                                                                                        MR. PETERSON is an associate at Diepenbrock
                                                                                                                      Harrison. He is a member of the Real Estate and
the members are not, in fact, separate          prevent a court from piercing the veil and
                                                                                                                      Business Law Department. He received his J.D.
personalities and may hold the members          holding the owner personally liable for the                           from the University of Michigan.
personally liable for business debts.           debts of the business.

Another factor that may be considered
as to whether the LLC maintains a sepa-
rate personality is whether the LLC was                                                                                               We have special offers for
formed with sufficient capital to enable it                                                                                           members of the Sacramento
                                                                                                                                      Hispanic Chamber of
to meet its foreseeable liabilities. Courts                                                                                           Commerce
have found the business owners person-
                                                                                                                                      As a Chamber member, you
ally liable if there are indications that the                                                                                         and your employees are
business was purposely undercapitalized                                                                                               entitles to:

in order to defraud creditors. Of course,                                                                                             • Free Checking

many businesses, especially small busi-                                                                                               • Six Months Free
                                                                                                                                        Platinum Checking
nesses, do borrow significant amounts in                                                                                               (interest bearing)
the initial phases of the business. So long                                                                                           • Free Checks
as there is a sufficient amount of mem-                                                                                               • Additional Discounts on

bers’ money involved and there is no in-                                                                                                Consumer Loans
dication of fraud, courts are not likely to
pierce the veil and hold members liable.

Courts will also pierce the veil of limited                                                        encourage small business owners
liability in cases where the business has
been used to perpetuate fraud or if a fail-      FDIC Insured |                                                                  like
ure to pierce would promote injustice. It
                                                  Jeff Eichner                      Julia Moore
is in the best interests of the public to         Business Banking Representative   Business Banking Representative
                                                  916-812-9292                      916-567-5374
pierce the veil and disregard the form of
the LLC when the members use the LLC
form to commit fraudulent activities.

38                                  S A C R A M E N T O         H I S P A N I C           |    S E P T / O C T
                                             Think you can’t compete with the big firms?
                                             Think again.
                                               Moreno Trenching, a small contractor from tiny Rio Vista,
                                               thought it didn’t stand a chance against larger, city-based
                                                firms for a $2 million cable replacement contract with
                                                 SMUD. The bid solicitation wound up in the trash.

                                                   Curious about what he saw in the trash pail, project
                                                    manager Dave Green pulled it out to have a look.
                                                    Thinking to himself, “Why not us?” he sent in the
                                                     paperwork. And just like that, Moreno Trenching
                                                      emerged as the winning bidder.

                                        What does this mean for your small business?
                                        If you have the know-how to get the job done, you can compete
                                        for contracts with SMUD. Working with our Community Advisory
                                        Panel*, SMUD finds ways to join your expertise to the resources
                                        you’ll need to tackle the job. Everybody wins.

                                        To get in the game, just click on SMUD Suppliers
                                        at You never know ... one
                                        person’s trash may be another’s treasure.

                                        SMUD - A not-for-profit electric utility,
                                        proudly supports the 27th CHCC
                                        Annual Convention and Business Expo.
*Community Advisory Panel – Local
business advocacy groups working with
SMUD in support of small businesses.

                                                       1108-06 (8.375x10.875)

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