FOOTHILLS BAR

ASSOCIATION

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


November, 2005


CALENDAR



Estate Planning Section

Thursday, November 10, 2005

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

Nancy Ewin's Office

La Mesa



FBA General Meeting

Family Law Section Meeting

Tuesday, November 15, 2005

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

Jury Lounge. Ground Floor

El Cajon Superior Court





CONTENTS


Teen Court. . . . . . . . . . . . . . .1, 3

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

East County Lawyering. . . . . . 2-4

Estate Planning Section. . . . . . . 4

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

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

Sections & Committees. . . . . . . 7

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





TEEN COURT COMES TO THE

EAST COUNTY COURT

by Edward R. Torrence, Vice-President


I would like to be able to share with everyone reading this that the new “Teen Court” project is coming to East County Courts but that would be wrong. It’s already here. The program which has been successful in San Diego as an adjunct to the Juvenile Court has been operating successfully since 2003 and now has been getting it’s feet wet in East County Judicial District since it’s first session in August. A second session occurred in October and future sessions are scheduled in November and December.


The Teen Court program is a 501(c)(3) non profit organization that provides an alternative to or diversion from Juvenile Court for under age misdemeanor offenders with no prior record. Participants must be willing to admit their transgression and accept responsibility therefor and sentencing by a jury or their peers - other teenagers.


Does this offend your sense of justice or strike you as an innovative way to use peer pressure as well as the power of the Juvenile Court to get youthful offenders to toe the line and get back on the straight and narrow path? Statistically, the program is strikingly successful in terms of having a recidivism rate which is significantly lower than that of the Juvenile Court. And why not? My own experience with teenagers has always been that teens are more likely to receive information from their friends and classmates than their teachers and parents. They are more open to the opinions of their peers than to those of their senior whom they ofet feel are out of touch because they come from “another generation.” So it is not surprising that, being a teen and having a jury of other teenagers exercise an opinion that you have done wrong and you actions are worthy of scorn and in need of correction would more likely get your attention and dedication to reform than hearing a man or woman in a black robe who looks like your parents  and sounds  like you

con’t on page 3


EAST COUNTY LAWYERING


FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division


PROTECTION AGAINST UNFAIR AND DECEPTIVE PRACTICES

FOR ELDERS AND THE DISABLED


The targeting of senior citizens and the disabled for unfair or deceptive business practices is a growing public concern. Civil Code Section 3345 allows for the imposition of special monetary damages when such incidents occur.

A senior citizen, as defined by Civil Code Section 1761 (f), is a person who is 65 years or older. A disabled person, as defined by 1761 (g), is one who has substantial physical or mental impairments. Civil Code Section 3345 provides that a senior citizen or a disabled individual pursuing a claim under this section, may seek damages that are three times greater than allowed by statute if he can show he is substantially more vulnerable to the defendant’s conduct than other members of the public due to age, health, or cognitive impairment.


Moreover, such additional monetary damages may be awarded under Civil Code Section 3345 when certain instances of misconduct by the defendant are proven. This includes actions causing the loss of a primary residence, the loss of a primary source of income, and the substantial loss of property or pension, or retirement plan or government benefit. Finally, a plaintiff providing evidence that the defendant knew or should have known that his conduct was unfairly targeting seniors or the elderly may also be awarded additional monetary damages.


When a plaintiff is not pursuing a claim under a specific statutory scheme, an amount may be awarded up to three times greater than the amount the trier of fact would provide based upon actual monetary loss.


COURT HOLIDAYS


The San Diego Superior Court, East County Division will be closed on Thursday, November 11, 2004 for Veteran's Day, Thursday, November 25, 2004 for Thanksgiving Day and Friday, November 26, 2004 for the day after Thanksgiving.


CRIMINAL/TRAFFIC AND UNLAWFUL DETAINER

HOLIDAY SCHEDULES


Please use the enclosed charts to calendar Criminal/Traffic and Unlawful Detainer hearings during the holidays in November and December.


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.


22nd ANNUAL

JUDGE'S RECEPTION


The 22nd Annual East County Lawyer's Club Judge's Reception will be held on Thursday, December 14, 2005 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


TEEN COURT

con’t from page 1


Success is the name of the game. The program has been so successful that each of the 48 contiguous states has some form of the program in operation in at least one location. Many have some form of teen court program throughout the state. The benefit to the offender is that, upon successful completion of the teen awarded sentence, the record of the action is expunged. The benefit to the community is a teenager who is much less likely to be involved in further illegal activity. Since 2003, Teen Court volunteers “sentenced” 293 offenders. Over 80% of those sentenced successfully completed the program and only 28 (less than 10%) have been arrested a second time.


AN OPPORTUNITY TO SERVE


One of the joys of being the Vice President of this organization is having many opportunities to invite the participation of friends and colleagues in events and programs which support the goals of the Association - Service to the Courts and the community of the East County Judicial District. For the most part I have found this to be a not too unpleasant task. We’re all busy and we all have commitments. We can always come up with some reason why we could not possible do one more thing. But to my surprise, my colleagues somehow find ways to surprise me by taking on those worthwhile things that help our Court and community in amazing ways, our members participation in the inception of the Family Law Facilitator’s office, the Domestic Violence project and the Family Court Mandatory Settlement Conference program just to name a few.


The Teen Court program is just getting on its feet in East County, greatly in need of attorneys who can serve as mentors to teenagers who are themselves volunteering as prosecutors and defense attorneys, and attorneys to preside as judges in the Teen Court sessions. The program will provide the training needed at no cost. The time is what you can spare. The results are worthwhile.


A flyer with more information is included in the Newsletter for your scrutiny and the Executive Director, Heather Dugdale, is available to further whet your appetite for this worthwhile project. Contact her at heather@sdteencourt.org or (619)533-6014.  Thank you all for you interest and your support of all of the programs of the Association.


FOOTHILLS BAR ASSOCIATION

ANNUAL GENERAL MEETING


The General Meeting of the FBA will be held on Tuesday, December 15, 2005 from 12:00 noon to 1:15 p.m. in the Jury Lounge of the El Cajon Superior Court. In addition to voting on the new Board of Directors for the 2006 year, Judge Salcido will discuss changes in the upcoming year. Refreshments will be provided by the Judges.


FOOTHILLS BAR ASSOCIATION

ANNUAL DINNER


The FBA Annual Dinner and Installation of the 2006 Officers and Board of Directors is tentatively scheduled for Friday, January 28, 2006 at the Singing Hills Country Club. Don't miss the fun. The evening promises to be filled with laughter, merriment, awards and surprises. Look for more detailed information in upcoming newsletters.











ESTATE PLANNING, TRUST &

PROBATE SECTION


The next meeting of the Estate Planning Section will be held on Thursday, November 10, 2005 from 12:15 p.m 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, enjoy the meeting and earn one hour of MCLE.


This meeting is tentatively scheduled pending contact with Nancy Ewin. The, speaker and topic will be determined. Please contact Nancy Ewin's office at 619-698-1788 to confirm this meeting.


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 MCLE credit by the State Bar of California in the amount of 1.0 hour 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.


If you have any suggestions for speakers or upcoming meetings, please contact Nancy, Scott or Jocelyn.



FAMILY LAW SECTION


The next meeting is scheduled for Tuesday, November 15, 2005 from 11:45 a.m. 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.


The speaker will be Hugh Kamen, Ph.D. who will discuss how to cope with stress in the legal profession. Please see the enclosed flyer for additional 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 Ed or Judi.




PRO TEM SCHEDULES


SMALL CLAIMS COURT

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

  

November, 2005

 

1          Charles Scott

2          Kenyon Young

3          John Martin

4          Catherine Tancredi

8          Thomas Buchenau

9          Thomas Castonguay

10        Ed Castro

11        Timothy Cohelan

15        Anthony Chicotel

16        David Demergian

17        David Egan

18        Miranda Franks

22        Larry Kincaid

23        DARK

24        HOLIDAY

25        HOLIDAY

29        Clare Maudsley

30        Thomas Marshall


COPY MACHINE WANTED


Used copy machine wanted, in excellent condition, low copies. Prefer machine that has an automatic document feeder and duplex copy capability. Can take over existing lease. Call Sheryl Graf at 619-440-5716.

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.





            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

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


November, 2005

 

11-2-05           Andy Cook 

                        Charles Kim

                        Garrison Klueck 

                        Edward Torrence

 

11-9-05           Thomas Buchenau 

                        Debra Collicott

                        Larry Kincaid 

                        Blaine Phipps

 

11-16-05         Heidi Collier 

                        Win Heiskala

                        Michael Love 

                        Stephen Murphy

 

11-23-05         Cheryl Daily 

                        Stanwood Johnson

                        James Mietzel 

                        Russ Robinson

 

11-30-05         Peter Aex 

                        John Keeling

                        Monica Rose 

                        Joseph Russo



SECTIONS & COMMITTEES

2005 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





2005 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


OFFICE SPACE


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

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




GOLD MINE FOR SALE!


Law Office building, 1100 sq. ft. Room for 4 attorneys, reception area, kitchen, storage. Available for immediate occupancy. 2638 Navajo Road, Fletcher Hills. Contact Bob Stevens, 619-668-1325 or 307-587-2689









2005 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


2005 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)


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