FOOTHILLS BAR

ASSOCIATION

Newsletter of the Legal Community of San Diego's East County


March, 2005


CALENDAR


Family Law Section Meeting

Tuesday, March 8, 2005

12:00 noon to 1:15 p.m.

Jury Lounge. Ground Floor

El Cajon Superior Court


Estate Planning Section

Thursday, March 10, 2005

12:15 p.m. to 1:15 p.m.

Nancy Ewin's Office

La Mesa


Civil Litigation Section Meeting

Thursday, April 7, 2005

12:00 noon to 1:15 p.m.

BJ's Bar & Grill

Grossmont Center


CONTENTS


From the President. . . . . . . . . . .1

From the Court. . . . . . . . . . . . . .2

From the Editor. . . . . . . . . . . . . 2

East County Lawyering. . . . . . 2-4

Civil Litigation Section. . . . . . . .6

Estate Planning Section. . . . . . . 7

Family Law Section. . . . . . . . . . .7

Pro Tem Schedules. . . . . . . . . . .8

Sections & Committees. . . . . . . 9

Ads and Notices . . . . . . . . . . . . 9



FROM THE PRESIDENT

By Joseph Fox


The new Board of Directors and I met at our Board Retreat on February 15, 2005. At that time we selected the Chairpersons and Board members for our various Committees. If you are interested in serving on any of the these Committees or assisting with any of the events they sponsor, please contact me or any other Board member. We welcome your participation.


The Committee Memberships are:


Civil Litigation:

                                                                               Chair:                          Mark Raftery (619) 589-8800

                                                                               Board Members:         Jerry L. Carmody and Sam Parise


Criminal Law:

                                                                               Chair:                          Daniel Cohen (619) 697-0333

                                                                               Board Member:           Andrea Schneider


Estate Planning:

                                                                               Chair:                          Nancy Ewin (619) 698-1788

                                                                               Board Members:         Joselina Medrano and Miranda Franks


Family Law:

                                                                               Chair:                          Edward Torrence (619) 698-6059

                                                                               Board Members:         Bud Klueck and Judith Klein


Annual Dinner:

                                                                               Chair:                          Joseph Fox (858) 527-0111

                                                                               Board Members:         Jerry L. Carmody, Edward Torrence, and Wells Lyman




con't on page 3



EAST COUNTY LAWYERING

FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division


Reminder: New Hours

for Civil/Small Claims

and Family Law


Beginning Monday, March 7, 2005, Family Law, Civil and Small Claims Business Office Hours Will Be: 8:30 a.m. to 4:30 p.m.


Pro Tem Seminar

Planned for the Spring

This spring the East County Superior Court will be sponsoring an educational seminar for small claims pro tempore judges. The focus of the seminar will include pertinent laws involving the most commonly disputed substantive claims heard in small claims court, including automotive repair issues, landlord-tenant disputes, and construction contract claims.

Albert Balingit, coordinator and staff attorney for the California Department of Consumer Affairs in Sacramento, is scheduled to speak at the event. Further information will be provided upon confirmation of the seminar date regarding additional guest speakers and possible MCLE opportunities for attendees.






COURT HOLIDAYS


The San Diego Superior Court, East County Division will be closed on Thursday, March 31, 2005 for Cesar Chavez Day.


DOMESTIC

VIOLENCE CLINIC


Victims of domestic violence may obtain restraining orders at the DV Restraining Order Clinic at the El Cajon Courthouse. In addition, the Clinic prepares elder abuse restraining orders for seniors and disabled adults. Most of the clients are low income and cannot afford legal representation.


The San Diego Volunteer Lawyer Program and Center for Community Solutions staff the clinic. However, we need volunteers as well, as at times we have to turn away victims. All attorneys, paralegals, law students and any other interested individuals are welcome to volunteer. Please contact Jan Maiden, Staff Attorney for San Diego Volunteer Lawyer Program at (619) 533-6043 or jmaiden@sdvlp.org, or Steve Allen at Center for Community Solutions, at (858) 272-5328 or sallen@ccssd.org.








LAWYERS CLUB

HAPPY HOUR


The East County Lawyers Club will be hosting a Spring Membership Happy Hour on Thursday, April 7, 2005, at the Downtown Café, 182 E. Main Street, El Cajon. Come enjoy appetizers and beverages with your East County colleagues. All new members who register at the Happy Hour will receive membership for the remainder of 2005 through July of 2006. New members who register at the event will also receive a Lawyers Club special prize. We will be raffling some gift baskets to raise funds for the East County Lawyers Club Cuyamaca College Paralegal Scholarship Program.























EAST COUNTY LAWYERING

FROM THE

PRESIDENT

con't from page 1


Community Service:

Chair: Joselina Medrano 562-9999


Court Liaison:

Chair: Joseph Fox (858) 527-0111

Board Member: Miranda Franks


Golf Tournament:

Chair: Dan Bacal 588-2064


Law Day:

Chair: Jerry L. Carmody 667-9600


MCLE:

Chair: Daniel Cohen 697-0333

Board Member: Joselina Medrano


Membership:

Chair: Edward Torrence 698-6059


Publication:

Chair: Catherine Tancredi 579-7876


Special Events:

Chair: Judith Klein 698-1882

Board Member: Jerry L. Carmody


Hard-to-Get-Credits Seminar:

Chair: Judy Marolt 442-1857

Board Members: Judith Klein and Joselina Medrano


I welcome greater participation from the Association’s general membership. Many of these Committees sponsor MCLE programs during the year. Many meet regularly and share new or important legal information. The MCLE programs offer free continuing education credits to our members. I would appreciate your service on these committees and help in planning MCLE and other programs for our members. By volunteering on these Committees, you can assure presentation of MCLE and other programs of interest to you.


Once again, I invite you to attend our monthly Board meetings. We meet at 4:30 p.m. on the third Tuesday of each month. The first meeting will be on March 15, 2005. If you plan to attend please let me know. We hold our meetings in the conference room of Bill Fischbeck and Ron Oberndorfer.


FROM THE

EDITOR

by Catherine Tancredi


Each November, I share my "tricks of the trade" with my article on how to close out the previous year and start anew. However, I have yet to tell all. . . until now.


I will begin this month by writing about billing. It is vitally important to keep track of client's retainers, payments, and balances. It is also important to accurately keep track of time spent on a case.


When I was in practice, I used Timeslips (sure beat making up bills in WordStar as we did in the 80's). I loved that program (still do) and found it very easy to use. It was easy to enter my time "on the fly," that is, on the computer without first writing a paper timeslip. With PDA's and laptops, timeslips can be made on these and transferred easily to the main computer. With networking, everyone in the office can have access to this information (especially important when your client wishes to make a payment when you are not there - your staff can find their balances easily).


One of the tricks that I learned from reading my Timeslips manual was to send the bill to the client so it was there in time for them to pay me when they paid their rent. I learned this later in my career and had one month where I had to switch my billing cycle from the 1st-31st to the 21st-20th and had very small bills! Now, my bills include activity from the 21st of the month through the 20th of the next month. Most of my payments were received the first and third weeks of the month so I had money to pay MY rent!


Also, it is important to properly credit each client's account. I always made a weekly bank deposit and kept a copy of all of the checks from that deposit. That way, if a client later disputed my bill, I had a copy. Sometimes, I made the mistake and could easily correct the error. Let me know what tips you want to know. More next month!



EAST COUNTY LAWYERING


“The older I get, the less

I know. The older I get,

the better I was”

by Lillian Lim


I have been a Judge assigned to a Civil Independent Calendar here in East County for the last three years. Before that I was two plus years at the South County Courthouse and before that 14 years at the downtown Courthouse. After all that time, I still have not met most of the attorneys who appear in East County matters and I feel badly that I have isolated myself by limiting my focus to chambers work and to the handful of attorneys who try their cases in my department.


So on thinking on this issue, I tried to guess why any of you would even care to know anything about me. If you put aside the “it’s never a bad idea to schmooz around with judges” philosophy, I suggest many of you are looking to get some better insight into a judge for the intelligent exercise of challenges, forum shopping and ideas how to make your trial or hearing with a particular judge run smoother. In addition, I would guess you are looking for some substantive information as to what is going on with the court. With these two goals in mind, I am going to discuss some “firsts” in my life and the lessons I learned as it relates to my legal career which should help you understand me better and I will discuss a little bit about the calendars I hear and how the civil cases are being handled in Department 15, East County.


There’s a saying, “the older I get, the less I know” and another saying, “the older I get, the better I was”. I am somewhere in-between those two sentiments.


The very first milestone in my legal career – was the simple act of arriving.

The lesson I learned was I have been very lucky.


I remember the very first speech I gave as an eight year old. The lesson I learned from my own trembling knees and inability to speak was how one of the most challenging and difficult tasks for people, is speaking in public. I learned I shouldn’t confuse lack of eloquence with a lack of candor or effort.


I remember the very first speech I gave as a high school student in an oratory contest. I completely lost my train of thought and paused for what was an eternity. Later, one of the members of the audience came to me and complimented me on recovering enough composure to conclude the speech. I learned such a simple act of kindness could rescue someone from a state of humiliation.


I remember the very first argument I had to present in a courtroom while still a law student. I was five feet tall then and I think I have lost some vertical height over the years. The lesson I learned is to stand when I speak. Now, as a judge, I don’t need to stand because the bench gives me plenty of elevation.


I remember the very first preliminary hearing I presented as a lawyer. The lesson I learned is that some judges exist on a different astral plane and are beyond my understanding. But then I also remember the very first case I tried before a jury. I was fortunate to have a kind and patient judge - Hon. Roy Cazares, now retired. I try to emulate his qualities and unfortunately I am not always successful.


All the ups and downs of a professional and personal life, have taught me to enjoy the moment. I have the utmost respect for attorneys. I therefore find it disheartening, when it seems lawyers do not afford the same respect to each other.


In sum, I am an INFJ (introverted, intuitive, feeling, judging) personality type according to the Myers-Briggs Assessment Test. I bring this approach to my law and motion calendars, ex parte crises and trials. I do my best to explain my rulings. I know many of you are experts in your particular fields of law and in many cases I view you as

con't on page 5


EAST COUNTY LAWYERING

"The older I get . . .

con't from page 4


the teacher and myself as the student. Back when I was a lawyer, I had both an appellate and trial practice with the Department of Justice. I enjoy the scholarly aspects of a judge’s work. I am sympathetic to how many procedural and monetary obstacles are placed in the way of reaching the merits of a question of law or fact. I try to minimize needless court appearances and encourage my staff to work with the lawyers to make their lives a little easier. I usually defer to the stipulation of counsel related to the continuance of cases and motions. Even though this may do violence to my fast track goals, I appreciate that the clients may be better served by more time to either settle or prepare a case. Judges Sturgeon, Cookson and I make every effort to try the case as scheduled by you. It is a rare case that is trailed in East County. Supervising Judge Exarhos is supportive of providing the Civil Departments with all the back up we need.


I enjoy the opportunity to do civil work here in East County. I’ve discovered that real property disputes seem to be the most heated as compared to cases I’ve managed or tried in other parts of the County. I’m hoping to play in the next Foothills Bar Association golf tournament. I’m just learning how to play golf – so maybe someone out there will take pity on me and let me be on your team.








MEMORANDUM


TO: Presiding and Supervising Judges:


FROM: Hon. Lisa Guy-Schall, Chairperson, Rules/Forms Committee


RE: NOTICE OF DEADLINE FOR SUBMITTING SUGGESTIONS FOR SAN DIEGO COUNTY SUPERIOR COURT RULE CHANGES, EFFECTIVE JANUARY 1, 2006


Dear Presiding/Supervising Judges:


On behalf of the San Diego Superior Court Rules/Forms Committee, be advised that our Committee will be accepting recommended changes to the current 2005 San Diego Superior Court rules and forms, per the attached timeline, for rules effective January 1, 2006. I am requesting that each division's Presiding/Supervising Judge circulate this notice to other division judges, staff and members of the bar.



If you have any questions, please contact the following Rules/Forms Committee member who will be the liaison for your division:


Probate: Hon. John S. Einhorn, Presiding/Supervising Judge or Hon. William H. Kronberger, Jr., Rules Committee Member & Division Liaison


Family Law: Hon. William J. Howatt, Jr., Presiding/Supervising Judge or Hon. Gerald C. Jessop, Rules Committee Member & Division Liaison


Juvenile: Hon. Susan D. Huguenor, Presiding/Supervising Judge or Hon. William H. McAdam, Rules Committee Member & Division Liaison


Civil: Hon. Linda B. Quinn, Presiding/Supervising Judge or Hon. Lisa Guy-Schall, Rules Committee Member & Division Liaison


Criminal: Hon. Michael D. Wellington, Presiding/Supervising Judge or Hon. K. Michael Kirkman, Rules Committee Member & Division Liaison.


Thanking you in advance.


JUDGE LISA GUY-SCHALL


Chairperson, Rules/Forms Committee


EAST COUNTY LAWYERING

QUOTABLE QUOTES

by Randall "Rex" Erickson


Common sense must be adhered to in the exercise of constitutional rights, and the old saying is applicable, "There is a time and place for everything." (Parrish v. Municipal Court (1968) 258 Cal.App.2d 497, 504.)


I fully recognize that under the doctrine of stare decisis, I must follow the rulings of the Supreme Court, and if that court wishes to jump off a figurative Pali, I, lemming-like, must leap right after it. However, I reserve my First Amendment right to kick and scream on my way down to the rocks below. (Bernard Witkin, as cited in Dabney v. Dabney (2002) 104 Cal.App.4th 379, 385, fn. 1.)




2005 ATTORNEY

DIRECTORY NOW

AVAILABLE


The 2005 FBA Annual Attorney Directory is now available. One was mailed to you last month. If you did not receive your copy, please call Rita at 619-588-1936 and she will send one to you.


The Directory includes much useful information pertinent to East San Diego County attorneys such as your FBA officers and directors, areas of practice (good for referring clients to appropriate counsel), bilingual lawyers and telephone numbers to the courts, district attorneys and defense counsel.






CIVIL LITIGATION SECTION


The next meeting of the Civil Litigation Section will be on Thursday, April 7, 2005 from 12:00 noon p.m to 1:15 p.m. at BJ's Bar & Grill at Grossmont Center in La Mesa. Please use the enclosed flyer to reserve your space.


The speaker will be the Honorable Eddie C. Sturgeon who will discuss " Courtroom Evidence for Lawyers." The cost of buffet lunch (pizza, salad and drink) will be $15.00 if more than 20 people attend. If less than 20, persons attending will order off the menu and be responsible for the cost of their meal.


The meeting is free to members of the FBA. The cost is $10.00 for non members. Applications for FBA membership will be available at the door.


This activity has been approved for 1.0 hour of MCLE credit by the State Bar of California. The FBA certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing mandatory minimum continuing legal education.


If you have any suggestions for speakers or upcoming meetings, please contact Jerry, Sam or Mark.



ESTATE PLANNING, TRUST &

PROBATE SECTION


The next meeting will be held on Thursday, March 10, 2005 from 12:15 p.m to 1:15 p.m. , at the Law Office of Nancy Ewin, 8166 La Mesa Boulevard, La Mesa, CA 91941. The office is in the La Mesa Plaza retail/office complex on the corner of Spring Street and La Mesa Boulevard. Bring your lunch, enjoy the meeting and earn one hour of MCLE.


This meeting is tentatively scheduled pending contact with Nancy Ewin. The, speaker and topic will be determined. Please contact Nancy Ewin's office at 619-698-1788 to confirm these meetings.


The meeting is free to members of the FBA. The cost is $10.00 for non members. Applications for FBA membership will be available at the door. This activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour General Participatory. The FBA certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing mandatory minimum continuing legal education.


If you have any suggestions for speakers or upcoming meetings, please contact Nancy, Scott or Jocelyn.




FAMILY LAW SECTION


The next meeting will be on Tuesday, March 8, 2005 from 12:00 noon. to 1:15 p.m. in the Jury Lounge on the ground floor of the El Cajon Superior Court. Food is allowed and you are invited to bring your brown bag lunch.


The speaker will be attorney Garrison "Bud" Klueck who will present a summary of 2004 Appellate and Supreme Court decisions and new legislation affecting family law.


The meeting is free to members of the FBA. The cost is $10.00 for non members. Applications for FBA membership will be available at the door. This activity has been approved for 1.0 hour of MCLE credit by the State Bar of California. The FBA certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing mandatory minimum continuing legal education.


If you have any suggestions for speakers or upcoming meetings, please contact Bud, Ed or Judi.




PRO TEM SCHEDULES

SMALL CLAIMS COURT

Please be prepared to take the

bench at 8:15 a.m.

  

March, 2005

 

1          Blaine Phipps

2          Frank Puglia

3          Charles Scott

4          Jon McKinley

8          Kenyon Young

9          Dan Bacal

10        Thomas Buchenau

11        Thomas Castonguay

15        Ed Castro

16        Timothy Cohelan

17        David Demergian

18        David Egan

22        Elliott Kanter

23        Larry Kincaid

24        Garrison Klueck

25        David Demergian

29        Wells Lyman

30        Thomas Marshall

31        HOLIDAY







.

LEGAL RESEARCH


Legal research for small law firms and solo practitioners. Call INFORMATION RESOURCE SPECIALISTS, INC., at 619-463-1284, or visit us online at www.inforesourcespecialists.com. Local references available.





            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.


March, 2005

 

3-2-05             Brian Cochran

                        Matthew Kremer

                        Tim McDermott

                        Sara Neumann

 

3-9-05             Bruce Beals

                        Cynthia Baker

                        Marilyn Bierer

                        Blaine Phipps

 

3-16-05           Sharon Asaro

                        Larry Kincaid

                        Laura Miller

                        Lori Viviano

 

3-23-05           Michael Bruno

                        Linda Hope Clark

                        Claire Lightner

                        Barton Noone

 

3-30-05           William Daley

                        Richard Feuerstein

                        Robert Krysak

                        Richard Rankin


AVAILABLE FOR RENT

PROFESSIONAL OFFICE SPACES WITH

OR WITHOUT SECRETARY SPACE


In El Cajon with easy freeway access, conference room, copier, fax, Westlaw Internet research, lunch room, notary and secretarial/paralegal services available, furnished or not. Call 619-588-2311.



SECTIONS & COMMITTEES

2005 SECTIONS:


CIVIL LITIGATION

Chair: Mark R. Raftery 589-8800

Members: Jerry L. Carmody, Sam Parise


CRIMINAL LAW

Chair: Daniel Cohen 697-0333

Member: Andrea Schneider


ESTATE PLANNING

Chair: Nancy Ewin 698-1788

Members: Miranda Franks, Joselina Medrano


FAMILY LAW

Chair: Edward Torrence 698-6059

Members: Judith Klein, Bud Klueck





2005 COMMITTEES:


ANNUAL DINNER

Chair: Joseph Fox (858) 527-0111

Members: Jerry Carmody, Edward Torrence, Wells Lyman


COMMUNITY SERVICE

Chair: Joselina Medrano 562-9999


COURT LIAISON

Chair: Joseph Fox (858) 527-0111

Member: Miranda Franks


GOLF TOURNAMENT

Chair: Dan Bacal 588-2064


LAW DAY

Chair: Jerry L. Carmody 667-9600




HARD-TO-GET CREDITS SEMINAR

Chair: Judy Marolt 442-1857

Members: Judith Klein, Joselina Medrano


MCLE

Chair: Daniel Cohen 697-0333

Member: Joselina Medrano


MEMBERSHIP

Chair: Edward R. Torrence 698-6059


PUBLICATION

Catherine Tancredi 579-7876


SPECIAL EVENTS

Chair: Judith Klein 698-1882

Member: Jerry L. Carmody



ADS & NOTICES


OFFICE WITH SECRETARIAL

SPACE FOR RENT

Copier, conference room, library. One block from El Cajon Courthouse. Contact Albert Austin, Esq., at 619-588-2828

OFFICE SPACE


1 BLOCK TO EL CAJON COURT. FAX, COPIER, HIGH SPEED INTERNET, ETC.

Call 619 441-1100, or email tom@elcajonlaw.com.

GOLD MINE FOR SALE!


Law Office building, 1100 sq. ft. Room for 4 attorneys, reception area, kitchen, storage. Available for immediate occupancy. 2638 Navajo Road, Fletcher Hills. Contact Bob Stevens, 619-668-1325 or 307-587-2689











2005 OFFICERS


Joseph FoxPresident 858-527-0111

Ed TorrenceVice-President 619-698-6059

Andrea SchneiderSecretary 619-337-1384

Angelo "Sam" PariseTreasurer 858-674-6660


2005 DIRECTORS


Jerry Carmody 619-667-9600

Daniel Cohen 619-697-0333

Nancy Ewin 619-698-1788

Miranda Franks619-660-0520

Judith Klein 619-698-1882

Judy Marolt 619-442-1857

Joselina Medrano 619-562-9999

Mark Raftery619-589-8800


REPRESENTATIVES


Garrison "Bud" Klueck, SDCBA619-448-6500

Judy Marolt, Lawyers Club619-442-1857



FBA NEWSLETTER PRODUCTION


Editor in Chief/Layout & Design . . . . . .Catherine Tancredi


ADVERTISING RATES


Business Card size: $ 25.00/month; $125.00/six months; $250.00/one year and publication in annual attorney directory

Issue Sponsorship (one-half page). . . . . . . . . .$250.00/per issue

(Checks must accompany ad request before publication)


SUBMISSIONS


Send article submissions to Catherine Tancredi by e-mail to cathyesq@adnc.com. Short items may be mailed to 7125 El Cajon Blvd., # 3, San Diego, CA 92115 or faxed to 619-334-6571. Send ads with check to Rita Drouin at 275 E. Douglas  Ave., Suite 104, El Cajon, CA 92020-4545


ADDRESS CHANGES


Send change of address or telephone number to Rita Drouin at 275 E. Douglas  Ave., Suite 104, El Cajon, CA 92020-4545 or fax to 442-8060 or call Rita at 619-588-1936





Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022