FOOTHILLS BAR

ASSOCIATION

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


August, 2006




CALENDAR




Estate Planning, Probate &

Trusts Section Meeting

No Meeting in August, 2006




Family Law Section

No Meeting in August 2006









CONTENTS


From the President. . . . . . . 1 & 3

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

East County Lawyering. . . . . . 2-3

Pro Tem Schedules. . . . . . . . . . .5

Sections & Committees. . . . . . . 6

Ads and Notices . . . . . . . . . . . . 6





FROM THE PRESIDENT

by Edward R. Torrence


August is always a popular month for vacations. So much so that we expect folks to be gone, courtrooms to be dark or populated by less familiar faces and less than usual attendance for bar functions. Consequently we will, as we have often done, we will skip the August Board of Directors meeting and the Family Law and Estate Planning Sections will skip the August meeting and resume in September.


Nevertheless, there are so many events coming up in September and October that it is important to mark your calendars now. The Family Law section meeting in September will host Attorney David Cameron Carr discussing the top ten ethics and malpractice concerns for solo practitioners and small firms. David is a former State Bar Trial Counsel with extensive experience in the administration of State Bar discipline and more recently the defense of attorneys facing that disciplinary authority. Hope you can join us and pick up an hour credit of ethics as well.


Speaking of ethics, the annual “Hard to Get Credits” seminar is set for Wednesday October 25 from 5:30 to 9:00 p.m. at the Ronald Regan (El Cajon) Community Center 195 E. Douglas Avenue in El Cajon. It’s a great way to get three hard to get MCLE units in the areas of Substance Abuse, Ethics and Elimination of Bias. Our thanks go out to Board of Director’s member Judy Marolt who is making the arrangements and lining up speakers for the continuing legal education specialty credits which we all find a little more difficult to find than the general MCLE credits. Judy is setting this seminar for a Wednesday evening after work to make the event available for the greatest number of interested attorneys. Judy has been coordinating this event for the last several years. Thanks Judy!


As long as we’re pointing out a tradition of service let me remind all of

con’t on page 3


EAST COUNTY LAWYERING


FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division


Transfer of Small Claims

Cases to Civil Court


Occasionally, a small claims defendant will attempt to initiate against the plaintiff a cross claim that exceeds the small claims jurisdictional amount. In such instances, the defendant may request a transfer of the small claims action to civil court. The defendant, however, must comply with specific guidelines in order to initiate the transfer.


Code of Civil Procedure Section (CCP) 116.390 allows for such a transfer provided that the defendant requests the transfer at or before the time of the small claims hearing date. The defendant must file a declaration detailing the defendant’s claims against the plaintiff. Moreover, the defendant must provide a copy of the civil complaint filed against the plaintiff.


A copy of the declaration and the complaint must be delivered to the plaintiff. Therefore, the defendant must actually file a civil action against the plaintiff in order to warrant consideration for a transfer by the small claims court. A transfer can not be considered unless proof of an actual civil filing has been provided by the defendant.


In the event that the transfer is approved, the transferee court is precluded from mandating the plaintiff to submit transmittal, appearance or filing fees. CCP 116.390 provides, however, that in the event that a judgment is rendered against the plaintiff, the defendant may be awarded costs incurred due to the transfer, including attorney fees and filing fees.






QUOTABLE QUOTES

by Randall "Rex" Erickson



It was in line with the old question, which has never been answered satisfactorily and which is founded on the aphorism ‘in vino veritas,’ whether a person is more apt to tell the truth when he is drunk than when sober. (People v. Duncan (1945) 72 Cal.App.2d 247, 253.)


"No servant can serve two masters: for either he will hate the one, and love the other; or else he will hold to the one, and despise the other." (St. Luke, 16:13.) (Pacific Indem. Co. v. Industrial Acc. Commission (1938) 27 Cal.App.2d 499, 504.)



- THINGS TO DO TODAY -

RENEW FBA MEMBERSHIP


Is your name on the membership roster included in this Newsletter? What about your colleagues name? If not, then you have not renewed your FBA membership.


Your $45.00 annual dues provides you with many benefits, including this informative newsletter keeping you up to date on the happenings of East County lawyers and the courts, free monthly section meetings which earn MCLE credit, MCLE seminars, and an annual attorney directory (a good referral source).


The FBA does not send out a separate billing for dues. Your only reminder is in this Newsletter. This is the last notice! Please complete the application included in this newsletter and mail with your check today!







EAST COUNTY LAWYERING


FROM THE PRESIDENT

con’t from page 1


 the Foothills Bar Association annual golf tournament, this year kicking off with a shotgun start at 1:00p.m., on September 7th at Cottonwood Golf Course. Dan Bacal has been putting this event together for as many years as I can recall and it’s always a great time. Thanks Dan!


A new event in the works which we have not done with routine is the “Candidates Forum” which is being coordinated by Board Member and treasurer Mark Raftery. We will be inviting candidates for the Judicial Run-off Election, Deputy District Attorney Ron Shelton and Attorney Larry Kinkaid to bring their campaign message to interested members for a “Lunch and Learn” meeting. Thanks Mark!


This is a great time for me to remind one and all to get their memberships renewed. If you missed the membership form you can pick one up at the web site foothillsbar.com and get it mailed in to the Association address. Your membership helps fund these activities and provides you with your admission to the regular section meetings at no additional cost.


As we meet in the courthouse hallways and cafeterias, you can bet I’m going to be asking you about your summer vacation plans. Here’s hoping that you are taking a break for recreation. In a profession such as ours it seems to be so important for our mental and emotional health and general outlook on life that we keep our work from becoming all consuming. Here’s wishing you all a terrific rest of the Summer.










Join Lawyers Club Friends for the


EAST COUNTY LAWYER'S

CLUB CHAPTER MIXER


September 21, 5:15 to 7:15 p.m.


Casa de Pico, Grossmont Center





FBA GOLF

TOURNAMENT


Dan Bacal has coordinated another golf tournament aka, the "4-person scramble." The tournament is scheduled for Thursday, September 7, 2006 and further information about tee off time, cost of tickets and prizes is contained in the flyer included in this Newsletter. Contact Dan Bacal at 588-2064 if you have any questions.





SAVE THE (NEW) DATE!!


Blood Drive for the San Diego Blood Bank

September 21, 2006


Co-sponsored by the Foothills Bar Association and

the San Diego Superior Court/ East County Division








PRO TEM SCHEDULES


SMALL CLAIMS COURT

Please be prepared to take the bench at 8:15 a.m.

  

August, 2006


1          Kristine Nesthus

2          Ron Orberndorfer

3          Barry Pasternack

4          Blaine Phipps

8          John Martin

9          Kenyon Young

10        Dan Bacal

11        Thomas Buchenau

15        Thomas Castonguay

16        Ed Castro

17        Timothy Cohelan

18        Cheryl Daily

22        John Martin

23        Dave Demergian

24        Miranda Franks

25        Larry Kincaid

26        Dave Egan

30        Elliott Kanter

31        Garrison Klueck




LAW OFFICE w/ SIGN VISIBLE FROM

COURTHOUSE AND MAIN EXIT!


POST YOUR OWN EXTERIOR SIGN. New clients walk in almost daily. Perfect for criminal defense, bankruptcy, etc. attorney to share with family law/civil lit attorney. Large, newly decorated office w/ staff work space, shared reception & staff, HVAC, copier, kitchenette, conf. room, 24/7 access, private entrance & restroom, free parking. Approx 1100 ft, $1100/mo. 311 E. MAIN STREET at Claydelle, call Keith @ 631-0131






            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5 by 8:30 a.m.


August, 2006


8-2-06             Christopher Funtall

                        John Keeling

                        Judy Marolt

                        Sandra Mayberry


8-9-06             Michael Has-Ellison

                        Patrick McCrary

                        Jeffrey Wade

                        Kindra Willey


8-16-06           Heidi Collier

                        Peggy Moore

                        Blaine Phipps

                        Carl Sizemore


8-23-06           Robert Bowers

                        Brian Burkett

                        Elizabeth Kreitzer

                        Leigh Kretzchmar


8-30-06           Garrison Klueck

                        Daniel Knowlton

                        Timothy McDermott

                        Lori Clark Viviano



SECTIONS & COMMITTEES

2006 SECTIONS:


CIVIL LITIGATION

Chair: Mark R. Raftery 589-8800

Members: Jerry L. Carmody, Joselina L. Medrano


CRIMINAL LAW

Chair: Daniel W. Cohen 697-0333

Member: Andrea Schneider


ESTATE PLANNING

Chair: Nancy Kaupp Ewin 698-1788

Members: Miranda C. Franks, Joselina L. Medrano


FAMILY LAW

Chair: Edward R. Torrence 698-6059

Members: Judith Klein



2006 COMMITTEES:


ANNUAL DINNER

Chair: Joseph Fox (858) 527-0111

Members: Edward R. Torrence, Miranda C. Franks


COMMUNITY SERVICE

Chair: Joselina L. Medrano 562-9999


COURT LIAISON

Chair: Dan Bacal 588-2064


GOLF TOURNAMENT

Chair: Dan Bacal 588-2064


LAW DAY

Chair: Jerry L. Carmody 667-9600





HARD-TO-GET CREDITS

SEMINAR

Chair: Judy M. Marolt 442-1857

Members: Judith Klein, Joselina L. Medrano


MCLE

Chair: Daniel W. Cohen 697-0333

Member: Joselina L. Medrano


MEMBERSHIP

Chair: Edward R. Torrence 698-6059


PUBLICATION/NEWSLETTER

Catherine Tancredi


SPECIAL EVENTS

Chair: Judith Klein 698-1882


WEBSITE:

Chair: Daniel W. Cohen 697-0333



ADS & NOTICES


OFFICE SPACE

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

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

TRUST/ESTATE/TAX


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



2006 OFFICERS

 

Edward R. Torrence President619-698-6059

Miranda C. Franks Vice-President619-660-0520

Nancy Kaupp Ewin Secretary 619-698-1788

Mark R. Raftery Treasurer619-589-8800


2006 DIRECTORS

 

Carolyn R. Brock619-440-4444

Daniel W. Cohen 619-697-0333

Joseph Fox858-527-0111

Judith Klein 619-698-1882

Judy M. Marolt619-442-1857

Joselina L. Medrano 619-562-9999

Cheryl L. Stengel619-233-1727


REPRESENTATIVES


Garrison "Bud" Klueck, SDCBA619-448-6500

Judy M. 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 or delivered to Catherine at 275 E. Douglas Ave., Ste. 111, El Cajon, CA 92020 or faxed to her office at 619-442-7458. 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, fax to 442-8060 or call Rita at 619-588-1936





Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022