Newsletter of the Legal Community of San Diego's East County
Estate Planning Section
Thursday, April 13, 2006
12:15 p.m. to 1:15 p.m.
Nancy Kaupp Ewin's Office
Family Law Section
& Criminal Law Section
Tuesday, April 18, 2006
11:45 a.m. to 1:15 p.m.
Jury Lounge. Ground Floor
El Cajon Superior Court
From the President. . . . . . . . .1, 3
From the Court. . . . . . . . . . . . . .2
East County Lawyering. . . . . . 2-4
Estate Planning Section. . . . . . . 5
Family Law Section &
Criminal Law Section. . . . . . . . 5
Pro Tem Schedules. . . . . . . . . . .6
Sections & Committees. . . . . . . 7
Ads and Notices . . . . . . . . . . . . 7
FROM THE PRESIDENT
by Edward R. Torrence
One of the things I like about this job is that, from time ti time, I need to set aside the routine activities of the law practice and focus instead on the larger picture of what’s going on in the legal community we serve and what’s coming up in the near future. While pondering such things I come up with the following to share.
Law Day - May 1, 2006
With April on the calendar it is time to look ahead to events in May, most notable Law Week, May 1st through 7th. There are numerous opportunities for attorneys to participate in public service events to mark the importance of this annual observance. In the east county the event near and dear to our hearts is the Law Day event which we sponsor along with the Public Law Library and the Superior Court Eastern Division. Our long serving Board of Directors member Jocelyn Medrano is the chair of the Community Service Committee of the Bar which has the responsibility for this event. Jocelyn has taken on this responsibility from Past President Jerry Carmody who has coordinated the project for the last several years. As a service to the community we serve, lawyers volunteer an hour or more to meet with members of the public seeking initial legal advice or consultation on specific legal issues and problems. Volunteers are eagerly sought and warmly welcomed to participate. A volunteer can spend one hour, or more, in the County Law Library of the east county Superior Court on May 1, from 9:00 a.m. to 3:00 p.m. meeting individuals with questions or concerns. The issue may be within the attorney’s area of practice and easily analyzed or the attorney may be able to determine the area of practice which will benefit the consumer and get them headed in the right direction. Contact Jocelyn at her office at (619) 562-8833 to let her know that you can help for an hour and be sure to thank her for all of her work on this project. I’ll look forward to seeing you there.
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EAST COUNTY LAWYERING
FROM THE COURT
by Robert A. Durant
Assistant Executive Officer
RECENT CHANGES IN THE
SMALL CLAIMS ACT
Beginning on January 1, 2006, three significant
statutory changes have impacted the scheduling and
transferring of small claims cases. Code of Civil
Procedure Section 116.330 now uniformly provides that
all small claims cases must be scheduled no earlier than
20 days and no more than 70 days from the date of the
small claims order. The modification eliminates various
time periods for the scheduling of hearings dependant
upon whether the defendant was an in-county or out-of-county defendant.
Additionally, CCP 116. 340(c) now mandates the filing
of a proof of service of the small claim at least five days
prior to the court hearing. Formerly, due to the lack of
a statutory provision, the time period for the filing the
proof of service varied by court.
Finally, CCP 116.780(d) has been repealed. The statute mandated a 10 day waiting period following a small claims appeal and judgment for the transfer of the appeal from superior court to the small claims court. The elimination of the waiting period provides for an immediate transfer of appeal cases to the small claims court, thereby allowing litigants to proceed expeditiously with enforcement of the judgment
**DOCUMENT FILING REMINDER**
The Family Law Division of the East County Courthouse requires documents pertaining to a future hearing date to be received through the mail, filed in the business office or left as a "drop" at least two court days in advance of the hearing. Parties requesting to file documents within the two-day timeframe will be instructed to file them in the courtroom on the day of the hearing. Documents received through the mail or "dropped" within the timeframe will be rejected and returned to the submitting party.
This requirement facilitates documents being timely filed in cases while maintaining the efficiency of document handling within the Business Office. Currently, a large number of documents are received or requested to be filed within two days of the hearing date.
NOTE: Nothing herein is intended to change the filing deadlines imposed by law or court order.
by Randall "Rex" Erickson
"In a profession, where unbounded trust is necessarily reposed, there is nothing surprising that fools should neglect it in their idleness, and tricksters abuse it in their knavery, but it is the more to the honour of those, and I will vouch for many, who unite integrity with skill and attention, and walk honourably upright where there are so many pitfalls and stumbling blocks for those of a different character." [Sir Walter Scott, The Antiquary, ch. 43.] (Day v. Rosenthal 170 Cal.App.3d 1125, 1180 (Arabian, concurring).)
[T]he problem is like a comet in our law: though its existence in theory has been frequently recognized, its observed passages are few. (Tenhet v. Boswell (1976) 18 Cal.3d 150,156)
EAST COUNTY LAWYERING
FROM THE PRESIDENT
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Combined Criminal Law and Family Law Sections Meeting and MCLE
In an unusual joint meeting, the Criminal Law and Family Law sections of our bar will jointly host a Continuing Legal Education event at noon on April 18, 2006 in the Jury Lounge of the East County Courthouse. Mr. Robert Wick, a retired police officer and the current president and CEO of Crime Scene Technologies, Inc. will deliver an educational series presentation on the use of DNA evidence in the courtroom in both family and criminal cases. He will share insights on the understanding of DNA analysis reports in matters of paternity, domestic violence, molestation and rape cases and provide a 50 page syllabus on the collection, analysis and use of DNA evidence and its limitations. As usual, an hour of MCLE credit is available for attendees and is at no cost to members.
Examining our History and Looking Toward the Future
At each of the Board of Directors meetings we examine the goals and initiatives we have set out for the year ahead. Ironically one of those goals is to understand and document our past as an organization. I believe that we need to have an understanding of where we have come from in order to appreciate where we are heading. I am therefore actively soliciting the input of those members who have been in this organization since it’s founding in 1962 (or ‘63) to share some of their experiences regarding the first years of the Foothills Bar Association, what spurred the original members to found a separate specialty bar association in the east county, what were their goals and ambitions as they first envisioned them, what was the court like when it was known as the “Experiment in East County?” I hope to be able to share the highlights of this bit of our history here in this space, at opportunities I have to speak about our Association and in some appropriate form of recorded history (such as our website) so that future directors perhaps 65 years hence at the 100th anniversary of the Association will not be scratching their heads looking for this information.
An important part of looking to the future of this organization is finding ways to grow the organization, not just in membership but also in its visibility and prestige. The Board is focused on several specific goals in this regard. We intend to adopt an appropriate seal, crest or logo which incorporates our mission and values, reflects our history and is suitable for use on Association correspondence, and announcements and for display at all meeting of the association. I am promoting this in the hope that the inspiration, components and design of this representation of our association will come mostly from our own members. We may well reach out to someone with graphic design talent not commonly found amongst a bunch of lawyers to pull our thoughts together in one cohesive design, but I would like to get your thoughts and contributions to get this project started in the right direction. Call me, stop me in the Courthouse hallway or email me at firstname.lastname@example.org or contact any one of the Board members listed in this newsletter to share your thoughts. I am looking forward to reporting some progress on this in the near future.
Until next month, best wishes to all.
Edward R. Torrence
CORRECTIONS TO 2006
Please change Barbara Silber Katz’s telephone number to (619) 231-9018.
EAST COUNTY LAWYERING
LAWYER’S CLUB MCLE
On Wednesday, April 19, 2006 at 12:00 noon in the El Cajon courthouse jury lounge, East County Lawyer's Club will hold a MCLE seminar. The speaker will be Christine Elliot, an attorney coach, who will discuss "So Many Matters, So Little Time": Three Law Practice Productivity Strategies. Christine Elliot practiced law as a corporate attorney for ten years and is now an "Attorney Coach" and Co-Chair of the Law Practice Management and Marketing Committee of the San Diego County Bar Association.
In this workshop Christine will lead attendees in practical techniques to maximize the productivity of their law practices, including: sharpening your expertise in articulating exactly what you want for your practice; the most efficient ways to make concrete progress toward the results you’ve defined; and a specific productivity technique that could save you an hour or more every day.
Objectives of the workshop are for attendees to: identify the five primary categories of Law Practice Goals; understand the essential components of goal achievement; learn the impact of planning your law practice hours; create a template for optimizing billable time, daily and weekly; and, leave with a practical tool for saving up to an hour a day.
FOR LAW DAY LEGAL CLINIC
By Barbara Tarvin
The East County Branch of the San Diego County Law Library will be hosting an Open House and Free Legal Clinic to celebrate “Liberty Under Law: SEPARATE BRANCHES, BALANCED POWERS” Law Day 2006. It will be held on Monday, May 1, 2006 from 10 a.m. to 2 p.m. The Foothills Bar Association has agreed to sponsor the Legal Clinic. Members should consider participating in this worthwhile event. Practitioners in all legal areas are needed. Please consider helping your own local community. Your may sign up for times that meet your schedule.
Please contact Joselina L. Medrano, Esq. at (619) 562-9999, on or before April 25th, 2006. If you have any questions, please call Barbara Tarvin, at 619) 441-4444
We look forward to seeing you at Law Day!
EAST COUNTY LAWYER
REFERRAL SERVICE BOARD
The East San Diego County Lawyer Referral Service is looking for attorneys who are NOT members of the panel to serve on its Board of Directors. There are six meetings per year in the El Cajon area and lunch is provided. If interested, please contact Rita Drouin at 619-588-1936 for further details.
ESTATE PLANNING, TRUST &
The Estate Planning Section meetings are held on the second Thursday of every month from 12:15 to 1:15, at the Law Offices of Nancy Kaupp 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. Topics covered are those relative the fields of estate planning and administration as well as Elder Law issues. If you have not given us your email address and/or fax number, please call 619-698-1788 and add your information to the list. We send out the current topic in advance of the meeting to those for whom we have the information. Bring your lunch, enjoy the meeting, and earn one hour of MCLE.
This month’s meeting will be held on April 13, 2006, the speaker will be Carol Battaglia who will present a seminar about Special Needs Trusts. The meetings are free to members of the Foothills Bar Association. The cost is $10.00 for those who are not members of the Foothills Bar. Applications for membership are available on the website and at the meeting.
The meetings are structured to provide MCLE credit and have been approved by the State Bar of California to provide one hour, general. The Foothills Bar Association 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.
The section chairs are Nancy Kaupp Ewin, Miranda C. Franks and Carolyn Brock. If you have any suggestions, speakers or topics for upcoming meetings, please contact one of the chair persons.
FAMILY LAW SECTION &
CRIMINAL LAW SECTION
The Family Law Sections and the Criminal Law Sections are teaming up to provide this month's meeting which will be held Tuesday, April 18, 2006 from 11:45 a.m. (presentation starts at 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 lunch. Please see the enclosed flyer for more information.
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 Edward R. Torrence or Judith Klein.
PRO TEM SCHEDULES
SMALL CLAIMS COURT
Please be prepared to take the bench at 8:15 a.m.
4 Dan Bacal
5 Thomas Buchenau
6 Thomas Castonguay
7 Catherine Tancredi
11 Ed Castro
12 Anthony Chicotel
13 Timothy Cohelan
14 David Demergian
18 David Egan
19 Miranda C. Franks
20 Elliott Kanter
21 Catherine Tancredi
25 Wells B. Lyman
26 Thomas Marshall
27 Garrison “Bud” Klueck
28 John Martin
FAMILY LAW SETTLEMENT
Please arrive at Department 5 by 8:30 a.m.
4-5-06 William Benjamin
4-12-06 William Daley
4-19-06 Denny Kershek
S. Michael Love
4-26-06 Julia Garwood
Richard "Pete" Peterson
SECTIONS & COMMITTEES
Chair: Mark R. Raftery 589-8800
Members: Jerry L. Carmody, Angelo “Sam” S. Parise
Chair: Daniel W. Cohen 697-0333
Member: Andrea Schneider
Chair: Nancy Kaupp Ewin 698-1788
Members: Miranda C. Franks, Carolyn Brock
Chair: Edward R. Torrence 698-6059
Members: Judith Klein, Garrison “Bud” Klueck
Chair: Joseph Fox (858) 527-0111
Members: Jerry L. Carmody, Edward R. Torrence, Wells B. Lyman
Chair: Joselina L. Medrano 562-9999
Chair: Joseph Fox (858) 527-0111
Member: Miranda C. Franks
Chair: Dan Bacal 588-2064
Chair: Jerry L. Carmody 667-9600
Chair: Judy M. Marolt 442-1857
Members: Judith Klein, Joselina L. Medrano
Chair: Daniel W. Cohen 697-0333
Member: Joselina L. Medrano
Chair: Edward R. Torrence 698-6059
Catherine Tancredi 579-7876
Chair: Judith Klein 698-1882
Member: Jerry L. Carmody
ADS & NOTICES
1 BLOCK TO EL CAJON COURT. FAX, COPIER, HIGH SPEED INTERNET, ETC.
Call 619 441-1100, email email@example.com.
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.
NEW PROFESSIONAL OFFICE PARK
PERFECT FOR ATTORNEY -
Beautiful Cuyamaca Towne Commons, two large partner offices with staff pool area, kitchen and bath. Lease part or all. Ready to occupy, great curb appeal, high visibility and ample customer parking. Perfect for legal or other professionals. A must see, sunny and bright. Call for appointment (619) 698-4331
Foothills Bar Association
P.O. Box 1077
El Cajon, CA 92022