FOOTHILLS BAR

     ASSOCIATION

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

September, 2002


CALENDAR


Family Law Section Meeting

Tues., September 10, 2002

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

Department 6

El Cajon Superior Court


Estate Planning, Trust and

Probate Section Meeting

Thurs., September 12, 2002

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

Nancy Ewin's office

La Mesa


Criminal Law Section Meeting

Tues., September 26, 2002

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

Department 6

El Cajon Superior Court




CONTENTS


From the President. . . . . . . . .1

From the Small Claims Court2

East County Lawyering. . . . . .2

Criminal Law Section. . . . . . . 3

Estate Planning Section. . . . . 3

Family Law Section. . . . . . . . .4

Sections & Committees. . . . . 4

Pro Tem Schedules. . . . . . . . 5



FROM THE PRESIDENT

By Jack McCabe


My term as President is now two-thirds completed and it seems like only yesterday that we were enjoying the annual dinner production of Wells Lyman and his committee. As Vice President, Garrison Klueck, has frequently noted, he is but a heartbeat away. Each time the subject is raised, I am reminded of how fragile and how uncertain is our future, and how much I need to make each day and each personal contact as meaningful as I can. Tragedies and personal losses have a unique way of bringing us all closer together, just as time is unique in its healing abilities. And with all the somber news bombarding us daily, we need to take time out to just unwind, deprogram, veg out, restore, refresh, recuperate, or whatever best describes that care for self and of self that enables us to do more than just maintain, but to live well and look forward to each day. One thing is undeniably true---taking time for you will benefit all persons who are important to you. The "in box" should never be empty. It is okay to say "no" to a client you perceive as too problematical. There will be another client, another day, a means to maintain the overhead and meet those personal expenses. Taking care of you is of paramount importance.


The Board and the Membership sends their heartfelt condolences to Dan Conaway on the passing of his wife, Claudia, who put up a valiant, but losing fight against pancreatic cancer. And the Board and the Membership send their proud thanks to Board member, Jocelyn Medrano, for her organization of our recent blood drive. FYI, we are planning a social event for members and court staff in October which we hope will be an opportunity to just have fun without an underlying educational motive or at some inordinate cost. Our annual seminar, aimed at providing the often hard-to-get MCLE units, will be held November 2, 2002. More information on both will come your way in the weeks ahead.


Take care and take some time out for you.



EAST COUNTY LAWYERING

FROM THE SMALL

CLAIMS ADVISOR

by Donna Morel


THE USE OF

INTERPRETERS IN

SMALL CLAIMS COURT


Issues often arise regarding the use of interpreters in small claims court. Code of Civil Procedure Section 116.550 mandates the postponement of the small claims hearing when a court interpreter, or other interpreter deemed competent, is not available to assist a party that does not comprehend English sufficiently to understand the small claims proceedings. The postponement in allowed only one time in order to assist the party in need of an interpreter. Thereafter, additional postponements due to the need for an interpreter are entirely at the court's discretion.


Code of Civil Procedure 116.550 also requires that the small claims court make a reasonable effort to make available to parties a list of interpreters who can assist in small claims actions, on either a voluntary basis or through reasonable monetary compensation. Such a list is required to include the names of interpreters for all languages that require interpretation before the court, as based upon the court's experience and discretion.


The small claims proceedings, however, are unaffected when the court fails to maintain a list of interpreters. CCP 116.550 (c) states that failure to maintain such a list or to include an interpreter for a specific language does not invalidate any proceeding before the court.


FBA GOLF

TOURNAMENT


Dan Bacal has coordinated another golf tournament aka, the "4-person scramble." The tournament is scheduled for Thursday, September 12, 2002 and begins at 1:00 p.m. at the Cottonwood Golf Course. Tickets are $70.00 per golfer and include green fees, cart, beer cart, hats and food. Of course, "fabulous prizes" will be awarded to the winners. Checks must be received no later than September 3, 2001. Please call Dan Bacal at 588-2064 for a flyer to make your reservation.


HOLIDAY SCHEDULE


Please note that the East County Superior Court will be closed for the observance of Labor Day on Monday, September 2, 2002.


LAWYERS CLUB

HAPPY HOUR


SOCIAL


The Lawyers Club will hold a happy hour social to welcome new members on Thursday, September 12, 2002 from 5:00 p.m. to 7:00 p.m. at the "On The Border" restaurant just east of Parkway Plaza. Please call Michelle Mierzwa at 590-1300 for more information.


QUOTABLE

QUOTES

by Rex Randall Erickson


“[C]ourts should allow parol evidence to explain special meanings which the individual parties to a contract may have given certain words. ... [Fn. 50] The most famous example of "special meaning" probably comes from literature, not law. (See Carroll, Alice's Adventures in Wonderland and Through the Looking-Glass (Collier Books 1962) p. 247 [conversation between Alice and Humpty Dumpty, in which Humpty Dumpty gives the word "glory," a special meaning, i.e., "a nice knock-down argument"].) (ACL Technologies, Inc. v. Northbrook Property and Casualty Ins. Co. (1993) 17 Cal.App.4th 1773, 1794).


CRIMINAL LAW SECTION


The next meeting of the Criminal Law Section will be on Thursday, September 26, 2002 from 12:00 p.m. 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 speaker will be Michael Crowley, Esq. who will speak regarding Federal and State crossover issues including identifying potential Federal court issues, properly advising clients regarding the effects of domestic violence and felony conviction gun prohibitions and concurrent state and federal sentencing issues.


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 Dan or Sheryl.



ESTATE PLANNING, TRUST &

PROBATE SECTION


The next meeting of the Estate Planning, Trust and Probate Section of the Foothills Bar will be held on Thursday, September 12, 2002 from 12:15 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 will be the Law of Health Care Decision Making.


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 suggestions for speakers or upcoming meetings, please contact Nancy, Scott or Jocelyn.




FAMILY LAW SECTION


The next meeting of the Family Law Section will be on Tuesday, September 10, 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 topic will be "taking the mystery out of Family Court Service. The speakers will be Beverly Pruitt, Corinne Butts, Genevieve Clapp, Ruth Hatcher, Judy Kelling, Jim Stanley and Ken Wilcox.


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 Judi, Bud or Ed.



SECTIONS & COMMITTEES

SECTIONS:


CIVIL LITIGATION

Joseph Fox 466-9091

Angelo “Sam” Parise (858) 674-6660


CRIMINAL LAW

Daniel Cohen 697-0333

Sheryl Graf 440-5716


ESTATE PLANNING

Scott Cole 460-2080

Nancy Ewin 698-1788

Joselina Medrano 562-9999


FAMILY LAW

Judi Klein 698-1882

“Bud” Klueck 448-6500

Edward Torrence 698-6059


COMMITTEES:


ANNUAL DINNER

Sheryl Graf 440-5716

Virginia Johnson 441-4801

Wells Lyman 589-9984


COMMUNITY SERVICE

Joselina Medrano 562-9999


COURT LIAISON

“Bud” Klueck 448-6500


GOLF TOURNAMENT

Dan Bacal 588-2064


LAW DAY

Jerry Carmody 667-9600



MCLE

Joselina Medrano 562-9999


MEMBERSHIP

Edward Torrence 698-6059


NEWSLETTER

Catherine Tancredi 579-7876


PUBLICATIONS

Sheryl Graf 440-5716


SPECIAL EVENTS

Wells Lyman 589-9984


WEBSITE:







PRO TEM SCHEDULES

SMALL CLAIMS COURT

Please be prepared to take the

bench at 8:15 a.m. and 1:15 p.m.

  

September, 2002


3        AM     Garrison Klueck

          PM     Clare Maudsley

4        AM     Jon McKinley

          PM     Thomas Marshall

5        AM     Frank Puglia

          PM     James Mietzel

6        AM     Blaine Phipps*

          PM     Ron Oberndorfer *

10      AM     Charles Scott Jr.

          PM     Thomas Buchenau

11      AM     Kenyon Young

          PM     Peter Singer

12      AM     Dan Bacal

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          PM     Joseph Sciarretta

13      AM     David Demergian

          PM     Wells Lyman

17      AM     David Egan

          PM     Catherine Tancredi

18      AM     Joseph Fox

          PM     Edward Castro

19      AM     Elliott Kanter

          PM     Timothy Cohelan

20      AM     Elliott Kanter*

          PM     Leroy Knutson

24      AM     Clare Maudsley

          PM     Wells Lyman

25      AM     Jon McKinley

          PM     Thomas Marshall

26      AM     Garrison Klueck

          PM     Frank Puglia

27      AM     Conrad Walker

          PM     Frank Puglia


Updated list - * indicates substitutions made




FAMILY LAW SETTLEMENT


CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.


September, 2002


9-4-02           Chuck Fougeron

                     Mike Has-Ellison

                     Jeff Stacer

9-11-02         Cheryl Daily

                     Thomas Marshall

                     Beth Sample

9-18-02         Brian Cochran

                     Gary Glauser

                     Stanwood Johnson

9-26-02         Peter Aex

                     Thomas Buchenau

                     Gerald Mulder


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           619-692-3136

Garrison Klueck             Vice-President   619-448-6500

Jerry Carmody             Secretary           619-667-9600

Joseph Fox                    Treasurer           619-466-9091



2002 DIRECTORS


Leah Boucek                                            619-463-8400

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



REPRESENTATIVES


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

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




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)


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 e-mail to cathyesq@adnc.com in WordPerfect version 8.0 format.


ADDRESS CHANGES


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





Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022