FOOTHILLS BAR

ASSOCIATION

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


July, 2006


CALENDAR


Estate Planning Section

Thursday, July 13, 2006

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

Nancy Kaupp Ewin's Office

La Mesa



Family Law Section

Tuesday, July 18, 2006

11:45 a.m. to 1:15 p.m.

Jury Lounge. Ground Floor

El Cajon Superior Court



CONTENTS


From the President. . . . . . . 1 & 3

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

East County Lawyering. . . . . . 2-3

Estate Planning Section. . . . . . . 4

Family Law Section. . . . . . . . . . .4

Pro Tem Schedules. . . . . . . . . . .6

Sections & Committees. . . . . . . 7

Ads and Notices . . . . . . . . . . . . 7










FROM THE PRESIDENT

by Edward R. Torrence


HAPPY NEW YEAR to all. New Year? Yup. That’s right. While no one was paying attention we started a new year on July 1, 2006. While we are half way through our administrative year of this current Board of Directors, we are beginning a new year for membership which we do every year at this time. It’s rather unique for any organization and for bar associations in particular. Most plan their administrative year and membership year to coordinate with the calendar year. Makes sense after all since the mid year membership presents some difficulties. Many members don’t recognize the difference and assume the last membership dues paid their membership for the calendar year so they ignore the mid year reminders and end up with a lapsed membership until they realize that they are no longer receiving the Newsletter or other Foothills Bar information. This makes it more difficult for us to keep the membership numbers level and requires some extra effort on our part to get all regular members renewed. You can help. Please submit your membership application/renewal form today with your membership dues of $45 for the 2006-2007 membership year. Boy that was easy. Want to really help? Please keep an extra membership application or two in your briefcase when you head to Court in East County and hand one to an attorney you see who practices in the East County. If you practice in this jurisdiction you have an interest in an association which promotes toe activities and the interests of the Bench and Bar in this jurisdiction. Let’s grow the organization so that the Association can grow the service it provides to both Bench and Bar.


Speaking of service to the Bench and Bar, insight into the altruistic ideal of public service comes from unusual places. This thought occurs to me after attending four graduations in the month of June. Two were college and two were high school graduations. The format was predictable. The speakers ranged from high school valedictorians to a gubernatorial candidate. The exhortations were conventional and the platitudes trite

con’t on page 3


EAST COUNTY LAWYERING


FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division


Attorney Representation in

Small Claims Court


Many small claims litigants express an interest in having attorney representation at their small claims hearing. Code of Civil Procedure (CCP) section 116.530 details the limitations regarding attorney participation in small claims court.


The code states that no attorney may participate in the small claims hearing in the prosecution or defense of a small claims case. There are limited exceptions to this statutory prohibition, including the allowance of attorneys in small claims court when counsel appears as the actual small claims plaintiff or defendant. Additionally, in the event that the attorney is a partner in a partnership, or officer or director in a corporation, and all other partners or officers and directors are attorneys, he may participate on behalf of his respective partnership or corporation.


CCP section 116.530 allows for a small claims party to receive advice from an attorney prior to or after initiation of the small claims action. Moreover, the attorney may appear as a witness in a small claims case, contingent upon him meeting the standard witness requirements, including possession of personal knowledge regarding the facts to which he is testifying.


Additionally, attorneys are permitted to represent a party in an appeal to the superior court, and in connection with enforcement of a small claims judgment, including judgment debtor exams.







HOLIDAYS


The San Diego Superior Court, East County Division will be closed Tuesday, July 4, 2006 for Independence Day.


QUOTABLE QUOTES

by Randall "Rex" Erickson


We have all heard that it is pointless to close the barn door after the horse has gotten out. But if there are no walls, there is no barn door, and the horse is free to leave anytime. This venerable aphorism is not just a metaphor, but tells us something practical about barns: they must have walls and a door to keep the horse in. If there are no walls, there is no barn. (In re Amber S. (1995) 33 Cal.App.4th 185, 187.)


"...[O]ne of life's tragedies can be getting what you wish for ..." (In re Locks (2000) 79 Cal.App.4th 890, 897.)


FBA MEMBERSHIP

RENEWAL DUE


Not only has summer arrived and the children are out of school, but it is that time again to renew your FBA membership and pay your $45.00 annual dues.


Benefits include this informative newsletter keeping you up to date on the happenings of East County, free monthly section meetings which earn MCLE credit, MCLE seminars, and an annual attorney directory.


The FBA does not send out a separate billing for dues. Your only reminder is in this Newsletter. 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

but the recurrent theme of finding satisfaction in doing something for the public good was intriguing. Individually, we may not achieve world peace, cure aids, or solve the immigration debate but we have the ability do good right here in our own corner of the world. As proof let me cite the excellent efforts of our Board of Directors Secretary Nancy Kaupp Ewin who also chairs the Probate and Estate Planning Section of this Association. This section has become a stable reliable provider of continuing education for attorneys who practice in this area. This work is quietly done behind the scenes with no compensation except for the satisfaction of seeing the good which comes from it. To Nancy and her principle assistants, Miranda Franks and Joselina Medrano, I say Great Job and thank you. The association acknowledges and appreciates your service.


Have a wonderful Independence Day holiday. However you spend your time I hope that it involves some reflection and sharing your appreciation for the wonderful liberties that our nation enjoys. A nation independent from foreign governments, governed by it’s own laws written and approved by its own people in a representative republic and defended by citizens who like the founding fathers are today willing to pledge their lives, their liberty and their sacred honor in defense of country, principle and fellow citizens. Pretty wonderful to be part of the system of American Justice under these circumstances no matter how small or insignificant our individual role. My thought to share is this. Having managed to slip into the last row of Royce Hall for the UCLA graduation of our son, Evan, I couldn’t tell how many people in the hall sang the National Anthem when it was played at the beginning of the ceremony. Everyone immediately around me was singing and it was wonderful to hear. What was unusual was the gusto and articulation of the gentleman to my left. The objections of some that the Anthem is too difficult to sing were called into question that afternoon. I turned to the man, complimented him and told him how much I appreciated his singing of the Anthem. He spoke to me in a distinct eastern European, perhaps Baltic accent, saying, “But it is such a beautiful song” pronounced “bee u tee ful.” His pride in being able to sing that song was something I wish I could share with everyone. Enjoy your Independence Day.


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 herein. Contact Dan Bacal at 588-2064 with questions.



SAVE THE DATE!!


Blood Drive for the San Diego Blood Bank

September 20, 2006


Co-sponsored by the Foothills Bar Association and

the San Diego Superior Court/ East County Division





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 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 July 13, 2006. The speaker will be a representative from San Diego Hospice and the topic will be "How Attorneys Can Assist Hospice to make sure their clients' wishes are honored. 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 Criminal Law Section and Family Law Section are joining together to present the July meeting which will be held Tuesday, July 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.

  

July, 2006


4          HOLIDAY

5          Ed Castro

6          Timothy Cohelan

7          Cheryl Daily

11        Barry Pasternack

12        Dave Demergian

13        Dave Egan

14        Miranda Franks

18        Elliott Kanter

19        Larry Kincaid

20        Garrison Klueck

21        Wells Lyman

25        John Martin

26        Thomas Marshall

27        Clare Maudsley

28        James Mietzel









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.


July, 2006


7-5-06                                                                                                           Cheryl Daily

                                                                                                                     Tara Grabarczyk

                                                                                                                     Glen Honig

                                                                                                                     Stephen Murphy


7-12-06                                                                                                         William Benjamin

                                                                                                                     Jeff Fritz

                                                                                                                     Matthew Kremer

                                                                                                                     Richard "Pete" Peterson


7-19-06                                                                                                         Georgine Brave

                                                                                                                     Julia Garwood

                                                                                                                     S. Michael Love

                                                                                                                     John McCabe


7-26-06                                                                                                         Richard Freed

                                                                                                                     Stanwood Johnson

                                                                                                                     Monica Rose

                                                                                                                     David Schulman



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

Andrea Schneider 619-337-1384

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