FOOTHILLS BAR

ASSOCIATION

     Newsletter of the Legal Community of San Diego's East County May, 2002


CALENDAR


Estate Planning, Trust and

Probate Section Meeting

Thursday, May 9, 2002

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

Nancy Ewin's office

La Mesa


Family Law Section Meeting

Tuesday, May 14, 2002

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

Department 6

El Cajon Superior Court


Criminal Law Section Meeting

Thursday, May 23, 2002

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

Department 6

El Cajon Superior Court




IN THIS EDITION


From the President. . . . . . . . .1

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

East County Lawyering. . . . 2-4

Criminal Law Section. . . . . . . 4

Estate Planning Section. . . . . 4

Family Law Section. . . . . . . . .5

Ads and Notices . . . . . . . . . . .5




FROM THE PRESIDENT

By Jack McCabe


Our membership has now grown to nearly 200 attorneys and is increasing monthly. Although we are neither staffed nor equipped comparably to the County Bar Association, I would like to see some of our services to members expand and some greater recognition given to those members who continue to serve the Bench, Bar and community in so many different ways year in and year out.


Foothills Bar Association has always been synonymous with fellowship and a true regard for other attorneys. Our traditional social events provide a good time to all who attend; our seminars and brown bag lunch educational programs are consistently informative and timely; and, our enlistment of volunteers assisting the courts with Small Claims, Family Law Settlement conferences, the Domestic Violence Restraining Order clinics and a variety of other programs have always been recognized and appreciate by the judiciary and the court administrative offices.


It is my hope that our website will be up and running in May and when operational may help make us an even more cohesive organization. In the interim, I am hoping to expand the recognition for our members who consistently go 'above and beyond' and who promote civility among lawyers.


The County Bar has the prestigious Broderick Award and I would like to have our Bar institute an award that salutes similar values and qualities in the practice of law. In our four decades of formal existence, Foothills Bar has been graced with excellent lawyers. Would you take a moment and think about someone who typifies the ideals of integrity in the practice, contribution to the Bar and the community and civility for whom such an award can be named? My email is: jjmccabe@cts.com.


As always, suggestions and comments from the members are

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EAST COUNTY LAWYERING

FROM THE SMALL

CLAIMS ADVISOR

by Donna Morel


THE USE OF ATTORNEYS

IN SMALL CLAIMS COURT


Occasionally, the small claims advisory faces inquiries by attorneys desiring to represent litigants, particularly businesses, in a small claims proceeding. Code of Civil Procedure 116.530 clearly delineates the limited situations when such representation is permitted.


Per CCP 116.530 (b), an attorney may appear in a small claims action when the action is initiated by or against a partnership in which the attorney serves as general partner. Additionally, all other partners in the business must also be attorneys. The code mandates a similar requirement in order for an attorney to represent a corporation. Specifically, the attorney may appear on behalf of the corporation only if the attorney is an officer or director of the corporation, and all officers and directors of the business are also attorneys. Otherwise, as with a partnership, the corporation's appearance in the small claims action must be made by a representative who is not an attorney.


CCP 116.530, however, in no way precludes an attorney from initiating or defending a small claim action on his or her own behalf. Additionally, an attorney's representation of any party is permissible in a small claims appeal and during enforcement proceedings.


SMALL CLAIMS SEMINAR


On Saturday, May 18, 2002 attorneys will have a chance to earn 6.0 MCLE credits, including an hour of Ethics, by attending San Diego Superior Court - East County Division's Biannual Small Claims Training Seminar. The seminar will once again take place in the East County Courthouse Cafeteria from 8:00 a.m. until approximately 4:00 p.m. The seminar is meant to prepare attorneys to become small claims pro tem judges. There is also always new information that is pertinent to sitting pro tems as well.


Speakers for the seminar will include Judge Eddie Sturgeon, Judge Lillian Y. Lim, Albert Balingit from the Department of Consumer Affairs, Donna Morel, East County's Small Claims Advisor, speakers from the Bureau of Automotive Affairs, the California Contractor's License Board, Susie Viets, Supervisor of Civil and Small Claims, as well as a bailiff and a court clerk. The court will provide a continental breakfast and luncheon for all participants.


Although the cost of the seminar is free, the court hopes that participants who attend will volunteer to become a small claims pro tem judge. In order to qualify to sit as a pro tem applicants must have been a member of the Bar for five years, must submit a resume and letter indicating their desire to serve, which includes the names of two judges before whom the applicant has appeared recently, and must have attended a Small Claims Training Seminar. Application letters should be sent to Robert A. Durant, Assistant Executive Officer, 250 East Main Street, El Cajon, California 92020.


Please give Susie Viets a call at (619) 441-6609 to make a reservation to attend this informative presentation and you will be well on your way to earning 6.0 MCLE credits!

HOLIDAY SCHEDULE


The East County Division of the San Diego Superior Court will be closed on Monday, May 27, 2002 for the Memorial Day holiday.


          

EAST COUNTY LAWYERING

FROM THE PRESIDENT

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welcomed and appreciated. For those who have wondered, we are planning to resume our major Fall seminars that were so successful in prior years. It is our hope to make it a multidisciplinary event that will focus on and provide some of the hard-to-get Continuing Education courses and provide it in a half-day setting. Again, any suggestions for topics and featured speakers ( we may go outside the local community for some recognized experts) will be gratefully received.


BENCH/BAR REPORT


As a follow-up to last month's meeting discussion regarding the hours of operation at the Family Law Attorney Window, the attorney window is now staffed during all business hours. If there is no attorney in line waiting for assistance, then the clerk assigned to the attorney window will assist others.






QUOTABLE QUOTES

by Rex Randall Erickson


Although we speak with authority about guessing when it comes to deciding the good faith of a settlement, we are less bold about predicting the outcome at trial. That is a whole new ball game. The evidence at trial could shed a different light on the issues and dictate a result not anticipated at the hearing to approve a good faith settlement. Therefore, nothing we say here should be construed as suggesting how the trial court should rule at trial. Or, in the words of Yogi Berra, "[i]t ain't over 'til it's over.'" (Dickson, Baseball's Greatest Quotations, supra , at p. 43.) (Security Union Title Ins. Co. v. Superior Court (1991) 230 Cal.App.3d 378, 387).





















FBA MEMBERSHIP

RENEWAL DUE


It is time again to renew your FBA membership and pay your low $45.00 annual dues. Benefits include free monthly section MCLE seminars, Lunch & Learn luncheons and an annual directory. The FBA does not send out a separate billing for dues. Your only reminder is in this Newsletter. Don't be the last lawyer in your office to renew! If you have not already done so, complete the enclosed application and mail with your check today!




CRIMINAL LAW SECTION

by Daniel Cohen and Sheryl S. Graf, Co-Chairs


The next meeting of the Criminal Law Section will be held on Thursday, May 23, 2002 from 12:00 noon to 1:00 p.m. in Department 6 of the El Cajon Superior Court (second floor). Food is allowed and you are invited to bring your brown bag lunch.


The topic will be sentencing alternatives and the speaker will be Dawn Beebee, Esq. This program should be of interest to criminal law attorneys of all experience levels.


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 (Ethics) 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 Dan or Sheryl.



ESTATE PLANNING, TRUST &

PROBATE SECTION

by Nancy Ewin, Joselina Medrano and Scott Cole, Co-Chairs


The next meeting of the Estate Planning, Trust and Probate Section of the Foothills Bar will be held on Thursday, May 9, 2002 from 12:00 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 (or pick it up prior to the meeting at any one of several sandwich shops in the center), enjoy the meeting and earn one hour of MCLE.


The topic is "Employment Issues" and will be presented by Pat O'Connor. The presentation will alert us to issues relevant to hiring, maintaining, and firing employees. This is an excellent opportunity to ask questions!


This activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour Ethics or 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.


These Section meetings are free for all FBA members, and $10.00 for non-members. Applications for FBA membership will be available at the door.


If you have any questions, please call Nancy at 698-1788, Joselina at 562-9999 or Scott at 460-2080.



FAMILY LAW SECTION


by Ed Torrence, Judith Klein and Dana Wynn, Co-Chairs


The next meeting of the Family Law Section will be on Tuesday, May 14, 2002 from 12:00 p.m. to 1:15 p.m. in Department 6 of the El Cajon Superior Court (second floor). Food is allowed and you are invited to bring your brown bag lunch.


The speaker will be Russ Robinson, Esq.


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 Ed, Judi or Dana.



ADS & NOTICES





LAW OFFICE SPACE FOR RENT


Close to courthouse in El Cajon. Contact Jim Miller at (619) 590-0383 for further details.















LAW OFFICE SPACE FOR RENT


Office space for two attorneys plus support staff. Fax, copier, conference room, reception area and other shared amenities. One block to Court. Rent negotiable. Contact Tom Buchenau, 441-1100















2002 OFFICERS


John McCabe, Jr.          President           858-550-3030

Garrison Klueck             Vice-President   619-448-6500

Jerry Carmody             Secretary           619-667-9600

Joseph Fox                    Treasurer           619-466-9091



2002 DIRECTORS


Daniel Cohen                                            619-697-0333

Sheryl Graf                                               619-440-5716

Judy Klein                                                 619-698-1882

Wells Lyman                             619-589-9984

Jocelyn Medrano                                      619-562-9999

Angelo Parise                                           858-674-6660

Ed Torrence                                              619-698-6059

Dana Wynn                                               858-485-5518



REPRESENTATIVES


Wells Lyman, San Diego County Bar       619-589-9984

Sheryl Graf, East County Lawyers Club   619-440-5716








Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022






















FBA NEWSLETTER


PRODUCTION


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


ADVERTISING RATES


Business Card. . . . . $ 25.00/month; $125.00/six months;

$250.00/one year (includes publication in annual attorney directory)

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

(Checks must accompany ad request before publication)


EAST COUNTY LAWYERING

AND OTHER SUBMISSIONS


Send submissions to Catherine Tancredi by mail to 275 E. Douglas Ave., Suite 115, El Cajon CA 92020, fax to 619- 579-2574 or email to cathyesq@adnc.com. If submission is lengthy, please send on a disk or by email in WordPerfect format.


ADDRESS CHANGES


Please send your change of address/telephone to Rita Drouin at 275 E. Douglas Ave., Suite 104, El Cajon, CA 92020-4545 (telephone 588-1936) or fax to Rita at 442-8060