FOOTHILLS BAR

ASSOCIATION

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


December, 2006/January, 2007



CALENDAR OF EVENTS

December, 2006


Estate Planning, Trust &

Probate Section Meeting

Thursday, December 14, 2006

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

Nancy Ewin's office

La Mesa


Judge's Reception

Thursday, December 12, 2006

5:15 p.m. to 7:15 p.m.

El Cajon Community Center


Civil Litigation Section Meeting

Tuesday, December 13, 2006

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

Jury Lounge

El Cajon Superior Court


General Meeting

Tuesday, December 19, 2006

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

Jury Lounge

El Cajon Superior Court


Court Holiday

Monday, December 25, 2006

Christmas

January, 2007


Court Holiday

Monday, January 1, 2007

New Year’s Day


Estate Planning, Trust &

Probate Section Meeting

Thursday, January 11, 2007

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

Nancy Ewin's office

La Mesa


Court Holiday

January 15, 2007

Martin Luther King, Jr. Day


Family Law Section Meeting

Tuesday, January 24, 2007

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

Department 6

El Cajon Superior Court


FBA Annual Dinner

Friday, January 26, 2007

6:00 p.m. to 10:30 p.m.

Singing Hills Country Club

El Cajon



FROM THE

PRESIDENT

by Edward R. Torrence


Dear friends and colleagues,


PEACE ON EARTH AND GOODWILL TOWARD MEN. Regardless of our own particular faith or secular beliefs, this seems to be an appropriate time of year for introspection, a time to take stock of our accomplishments and goal, a time to see if we are on the naughty or nice list, a time to make up for our shortcomings, a time to regenerate our generosity and goodwill, a time to focus on the opportunities of a NEW YEAR and a time to resolve to improve ourselves and make life happier for

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CONTENTS


From the Court. . . . . . . . . . . 2

East County Lawyering. . . .2-7

Civil Litigation Section . . . . .7

Estate Planning Section. . . . .8

Family Law Section. . . . . . . . 8

Pro Tem Schedules. . . . . . . . 9

Sections & Committees. . . .11

Ads and Notices . . . . . . . . . 11



EAST COUNTY LAWYERING


FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division


FILING FEES FOR

SMALL CLAIMS CASES


Often, small claims litigants are perplexed by statutory law pertaining to the recovery of filing fees. Code of Civil Procedure (CCP) Section 116.610(g)(1) states that a prevailing party is entitled to the costs of the small claims action, including the costs of serving the order for the defendant appearance.


The small claims act, however, limits the recovery of filing fees for a prevailing small claims litigant. CCP 116.610 restricts the small claims court ability to award the recovery of filing fees for a litigant who has filed more than 12 other small claims in the state within the previous 12 months.


Specifically, CCP 116.610(g)(2) limits the amount of recoverable court fees paid by a party when such a party has pursued claims in accordance with Section 116.230(c). That code section mandates a $100 filing fee for a party filing more than 12 other small claims in the state within the previous 12 months.


CCP 116.610(g)(2) limits recovery of filing fees for litigants subject to the $100 filing fee under 116.230(c) to the amount that would have been paid if the party had paid the fee pursuant to subdivision (b) of section 116.230. Such small claims litigants, therefore, may only recoup statutory fees of $30, $50 or $75, dependant upon the monetary amount the litigant is pursuing in accordance with CCP 116.230.






COURT HOLIDAYS


The San Diego Superior Court, East County Division will be closed for the Christmas Holiday on Monday, December 25, 2006, Monday, January 1, 2007 for the New Years Holiday and on Monday January 15, 2007 for Dr. Martin Luther King Day.


JUDICIAL CHANGES FOR 2007


As is usual with the start of a new year, there are a number of changes in judicial assignments in the East County division. The judges affected by these changes and their new assignments are:


            Judge Patricia Cookson Department 2

            Judge Carolyn Caietti Department 3

            Judge Laura Halgren Department 8

            Judge Louis Hanoian Department 16

            Judge Laura Hammes Department 17


Judge Christine Goldsmith transferred to Department 6 last month and will continue with this assignment in 2007.


These changes/transfers will take place throughout the month of January.


NEW JUDGES FOR EAST COUNTY


Judge Carolyn Caietti was recently appointed to the San Diego Superior Court bench by Governor Arnold Schwarzenegger. She will be assigned to Department 3 in El Cajon effective this January.


During the past year, Judges Hammes and Hanscom have been serving on assignment in the East County branch. As evidenced by their biographical information presented below, they both bring a wealth of experience to our bench. Effective this January, Judge Hammes will be assigned to Department 17 and Judge Hanscom

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EAST COUNTY LAWYERING


FROM THE COURT

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to Department 19. These assignments will continue for an indefinite period of time.


Judge Laura Hammes


San Diego Native


Married 33 years to F. Robert Hammes, retired Deputy District Attorney


Two children: Jarrod, currently at Rady Business School (UCSD) in MBA program and Jillian, currently at Touro College of Osteopathic Medicine


Degrees: Point Loma High School, Valedictorian 1964: Ravelle College, UCSD 1964-66; Pomona College, BA Cum Laude, Philosophy 1968; Stanford Law School, J.D. 1971


Employment: San Diego County Deputy District Attorney 1972-84; Judge, Municipal Court 1984-86; Judge, Superior Court 1986-06 (primarily handing felony criminal trials, motions)


Memberships: Judicial Selection Advisory Board for Gov. Deukmejian; Chair, San Diego County Alcohol and Drug Abuse Prevention Task Force; Treas., San Diego County Law Library Board; Co-founder, Criminal Justice Forum; Chair: Personnel/Budget Committee, Complaints Against Subordinate Judicial Officers, Rules.


Hobbies: Piano, reading


Judge Richard Hanscom


I am in my 35th year as a trial judge.  I “retired” in 1999 but have been working steadily as an assigned judge since retirement. Before I was appointed to the bench, I worked in the District Attorneys office where I ended up as the Chief Deputy. I began my career in El Cajon in a little courthouse that was down the street from the present building. There were two Municipal Court judges and the DA had a tiny office in the courthouse where two deputies handled all the work. In my judicial career I have handled pretty much all kinds of criminal and civil cases. I have never done family law, and I am not about to try it at this stage of my life - thank you! I have been married to my wife, Rita, who works as a Deputy Attorney General dealing with Medicare issues. We have two children who are in college at the moment.


REMINDER FROM THE COURT


Please be reminded that the court requests that no gifts be given to any court personnel as it violates the Court Code of Ethics. Your cheerful attitude at the counter and cooperation in the courtroom is greatly appreciated and all the thanks that they need.


23rd ANNUAL

JUDGE'S RECEPTION


The 23rd Annual East County Lawyer's Club Judge's Reception will be held on Tuesday, December 12, 2006 from 5:15 p.m. to 7:15 p.m. at the Ronald Reagan Community Center (formerly the El Cajon Community Center) located at 195 East Douglas Avenue in El Cajon. This popular event, which features holiday music, hor d'oeuvres and champagne, provides a unique opportunity to meet with judges and colleagues in a pleasant, informal setting. All members of the bench and bar are invited to attend.



EAST COUNTY LAWYERING


FOOTHILLS BAR ASSOCIATION

ANNUAL GENERAL MEETING


The General Meeting of the FBA will be held on Tuesday, December 19, 2006 from 12:00 noon to 1:15 p.m. in the Jury Lounge of the El Cajon Superior Court. If you are interested in serving on the 2007 Board of Directors, please contact Joseph Fox at 858-527-0111. In addition to voting on the 2007 Board of Directors, the East County Superior Court Judicial Officers will be providing holiday treats and refreshments. Judge Exharos will present a short speech on new changes for 2007.


FOOTHILLS BAR ASSOCIATION

ANNUAL DINNER


The FBA Annual Dinner and Installation of the 2007 Officers and Board of Directors is tentatively scheduled for Friday, January 26, 2007 at the Singing Hills Country Club from 6:00 p.m. to 10:30 p.m. The evening will commence with a No-Host Cocktail Bar and dinner will be served as presentations are made by Board members and Judicial Officers. Entertainment will be provided by "Fat Cat" band. Please see the enclosed flyer for reservation information.




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MERRY CHRISTMAS AND

HAPPY HOLIDAYS!






UPDATE YOUR INFORMATION

FOR THE 2007 FBA DIRECTORY


To ensure that we have your correct information including address, telephone and fax number and e-mail address for the 2007 FBA Attorney Directory, please call Rita at 588-1936 with any updates. This directory is valuable for giving and receiving referrals to attorneys of the FBA. Be sure your information is accurate!


QUOTABLE QUOTES

by Randall "Rex" Erickson



"Ask the wrong question, and you will get the wrong answer."
(Roddenberry v. Roddenberry (1996) 44 Cal.App.4th 634, 657.)


"If it looks like a settlement agreement, talks like a settlement agreement, acts like a settlement agreement and is entitled a settlement agreement, it must be a settlement agreement." (Brown & Bryant, Inc. v. Hartford Accident & Indemnity Co. (1994) 24 Cal.App.4th 247, 256.)


"[H]e who pays the piper calls the tune .." (Arocho v. California Fair Plan Ins. Co. (2005) 134 Cal.App.4th 461, 469.)


"[A]ll is retained which has not been surrendered.’" (New York v. United States (1992) 505 U.S. 144, 156.)







EAST COUNTY LAWYERING


FROM THE PRESIDENT

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ourselves, our families and those around us. Let me be the first to wish you well in all of these endeavors.


This newsletter is a combined edition covering both December and January events and is therefore not only the last of the calendar year but also typically the last of the term of the current President of the Association. Whew! What a year it has been. This is not going to become one of those Christmas card insert letters detailing all of the family activities for the last twelve months. There is not enough room. I will take the opportunity of this last column to say thanks to the Officers and Directors of the Association for their dedication, energy, time and advice throughout the year, to Cathy Tancredi, our newsletter editor, publisher, and distributor and Rita Drouin our Executive Secretary who simply keeps the Association functioning on a daily basis.


Since the next newsletter will be for February 2007 it is important to point out a few of the upcoming activities which will occur between now and then. The General Meeting of the Association will be Tuesday, December 19, 2006 in the Jury Lounge of the El Cajon Courthouse. Plan to arrive early since refreshments in the holiday spirit will be served. We will be pleased to have short remarks from the Honorable Herbert Exarhos regarding changes in the Court assignments and procedures for 2007. A Mandatory Continuing Legal Education presentation by attorney Patrick McCrary on “Enforcing Money Judgments” will include a syllabus featuring points and authorities for an Order to Foreclose on Real Property. The Foothills Bar Association 45th Annual Dinner and Installation of Officers and Directors will be on Friday January 26, 2007 at Singing Hills Country Club. Please refer to the flyer in this newsletter or contact any of the Directors for detailed information. A few improvements in the menu are on tap as well as a terrific dance band “Fat Cat.” This is a band that plays “the hits of the 60's 70's and 80's ... and the just plain fun tunes that span the decades.” Come join us for a fun evening of food, beverage, music, dancing and socializing. Also, a new Association President will be installed for 2007 and yours truly will return to relative obscurity.


You are rapidly getting to you last opportunity to nominate individuals to serve as Directors for the 2007 term. Give your nominations to Miranda Franks, Joseph Fox or me before December 18, 2006. The same is true for nominations for the section chairs and for the Foothills Bar Association Award and the George Alspaugh Award for Civility in the Practice of Law.


Thank you all for your patience and support and your contributions to our little association and it’s progress. Best wishes to you all for a safe, healthy and prosperous New Year.


Very truly yours,


Edward R. Torrence



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


EAST COUNTY LAWYERING

END OF YEAR CHECKLIST

By Catherine Tancredi


The end of 2006 is almost here and office parties, meetings and receptions are filling up everyone’s calendars. This is an updated version of my annual article which discusses some items that should be routinely done at the end of each year as part of successful law office management.


1. Clients: review your open client list and close out dead files. Send a closing letter to each client and file a Notice of Withdrawal of Attorney if necessary. Review your current filing system and make sure that files are organized in a manner that makes items easy to locate and retrieve. Now is a good time clean out the files by recycling duplicate pleadings and unconformed copies. Store old closed files in less expensive storage boxes and facilities. Once this is done, there will be room for files for the new clients the new year will bring.


2. Forms: review and modify as needed or create new form letters or other standard forms. Review and modify as needed or create resource files of professionals, experts and legal information.


3. Billing: catch up on the billing and decide on whether to raise fees. Review Retainer Agreements as necessary. Review billing files and close out all those who have paid in full. Move these old closed files out of office file cabinets as well. Review all accounts receivable to determine which to send to collection or fee arbitration.


4. Bookkeeping: close out the year and review all bookkeeping information such as accounts receivable and accounts payable. Catch up on all filing to make sure that all business bills have been filed. Audit and/or reconcile general and Client Trust Accounts.


5. Tax Deductions: take advantage of last minute tax deductions by buying new office equipment, furniture, supplies or letterhead. Ensure that all law association memberships have been renewed. Donate old items to charity for a write-off.


6. Computer: analyze all programs and ensure that they are up to date. Analyze all hardware and ensure that it is up to speed to handle the programs and that the current systems configuration will deliver the most capacity affordable. Network if possible. Get connected faster to the internet at the office. Install a reliable back up system and power surge protectors on computers and copiers.


7. Staffing: create or edit a master telephone list of all employees. create or revise personnel manuals. Create a 2007 Holiday office schedule. Consider giving a bonus to your employees.


8. Volunteer Work: review all involvement with volunteer work either as volunteer counsel or as a member of a Board of Directors.


9. Books and Magazines: clean out bookcases and recycle or store old books and magazines.


9. Vacations: the holidays are the perfect excuse to take a much needed rest. Schedule adequate time to not only close out the year but to rest and relax before the new year. Make sure a back up person is available and clients are notified in writing of the vacation schedule (with the December, 2006 billing statement perhaps). Schedule one or two long vacations next year. Also either take frequent short vacations throughout the year or small four day weekends every other month.


A well organized and efficient office can essentially run itself. This decreases our overall stress, raises our 'quality of life' and allows us more time to not only take care of clients, but to spend time with those that count the most, i.e., our families and loved ones. It is easier than it looks. Happy holidays!


EAST COUNTY LAWYERING


FREE MCLE


The San Diego County Law Library is offering free MCLE seminars at the downtown location of 1105 Front Street, San Diego.


December 8, 2006 at 12:30: a WESTLAW presentation on Employment Law


December 15, 2006 at 12:30: a WESTLAW presentation on Criminal Law

January 10, 2007 at noon: an Ethics Presentation by Dave Carr

January 17, 2007 at noon or 12:30: a talk on "Forensic Evaluation of E-Mails" by Ed Pscheidt


January 24, 2007 at noon: a Substance Abuse talk by Dave Demergian


January 25, 2007 at noon: an Ethics Presentation by Dave Carr




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.




CIVIL LITIGATION SECTION


The next meeting of the Civil Litigation Section will be on Wednesday, December 13, 2006 from 12:00 noon to 1:15 p.m. at These meetings will be held 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. 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.


The speakers will be the Hon. Eddie C. Sturgeon and Holly Bullen, Temporary Judge Administrator for the San Diego Superior Court. The topic will be the new California Rules of Court and related local policies governing temporary judges and settlement conference attorneys, including changes to the qualifications and training.


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 co-chairs Mark Raftery or Cheryl Stengel.



ESTATE PLANNING, TRUST &

PROBATE SECTION


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 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.


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 Ewin, Jocelyn Medrano and Miranda Franks. If you have any suggestions, speakers or topics for upcoming meetings, please contact one of the chair persons.



FAMILY LAW SECTION


There will be no meeting in December, 2006. The January, 2007 meeting will be held Tuesday, January 23, 2007 from 11:45 a.m. to 1:15 p.m. in the Jury Lounge. The speaker and topic will be announced at a later date. Look for a flyer in the Family Law Departments sometime in January, 2007. . If you have any suggestions for meetings, please contact Edward, Judy or Bud.


These meetings will be held 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. The meetings are 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.




PRO TEM SCHEDULES

SMALL CLAIMS COURT

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

  

December, 2006

 

1          Catherine Tancredi

5          Kenyon Young

6          Dan Bacal

7          Cheryl Daily

8          David Demergian

12        Kristine Nesthus

13        Miranda Franks

14        Elliott Kanter

15        Wells Lyman

19        John Martin

20        Thomas Marshall

21        James Mietzel

22        David Egan

26        Barry Pasternack

27        Blaine Phipps

28        Kenyon Young

29 

January, 2007


2          Kenyon Young

3          Melody Anderson

4          Thomas Buchenau

5          Thomas Castonguay

9          Cheryl Daily

10        Dave Demergian

11        David Egan

12        Miranda Franks

16        Elliott Kanter

17        Wells Lyman

18        Garrison Klueck

19        John Martin

23        James Mietzel

24        Thomas Marshall

25        Kenyon Young

26        Catherine Tancredi

30        Kathleen Brainard

31        Connie Zimmerman



            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

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


December, 2006

 

12-6-06           Heidi Collier

                        Tara Grabaraczyk

                        David Schulman

                        Steven Striker

 

12-13-06         Richard Freed

                        Stephen Murphy

                        Russell Robinson

                        Lori Clark Viviano


12-20-06         William Benjamin

                        William Eddy

                        John Martin

                        Blaine Phipps

 

12-27-06         DARK

 

January, 2007

(names available at press time)


1-3-07             Wells Lyman

 

1-10-07           Debra Collicott

                        Thomas Marshall

                        Charles Schmidt

 

1-17-07           Garrison Klueck

                        Edward R. Torrence

                        Kindra Willey

 

1-24-07           Anthony Beccarelli

                        Bill Benjamin

                        Sandra Mayberry


1-31-07           Denny Kershek

                        Marc Shular




SECTIONS & COMMITTEES

2006 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





2006 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



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.







LA MESA OFFICE SPACE


Very nice 1345 sf, 8 office suite. Great building, location, visibility and access. $1475/mo, includes parking and trash. Call (619) 699-2749 or (619) 444-7677.



OFFICE SPACE


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

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





2006 OFFICERS


Joseph Fox                  President          858-527-0111

Ed Torrence                Vice-President 619-698-6059

Andrea Schneider      Secretary          619-337-1384

Angelo "Sam" Parise   Treasurer         858-674-6660


2006 DIRECTORS


Jerry Carmody 619-667-9600

Daniel Cohen                           619-697-0333

Nancy Ewin                               619-698-1788

Miranda Franks                                  619-660-0520

Judith Klein                               619-698-1882

Judy Marolt                                619-442-1857

Joselina Medrano                       619-562-9999

Mark Raftery                                       619-589-8800


REPRESENTATIVES


Garrison "Bud" Klueck, SDCBA        619-448-6500

Judy Marolt, Lawyers Club                 619-442-1857



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. Send proposed ads with check to Rita Drouin at 275 E. Douglas  Ave., Suite 104, El Cajon, CA 92020-4545


SUBMISSIONS


Deadline is the 10th of the month for submission in next month’s Newsletter. Send articles and/or Letters to the Editor to Catherine Tancredi by e-mail to cathyesq@adnc.com. Short items may be mailed or delivered to 275 E. Douglas Ave., Ste. 111, El Cajon, CA 92020 or faxed to 619-442-7458.


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