Newsletter of the Legal Community of San Diego's East County
Estate Planning Section
Thursday, November 10, 2005
12:15 p.m. to 1:15 p.m.
Nancy Ewin's Office
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
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
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EAST COUNTY LAWYERING
FROM THE COURT
by Robert A. Durant
Assistant Executive Officer
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.
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
Please use the enclosed charts to calendar Criminal/Traffic and Unlawful Detainer hearings during the holidays in November and December.
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.
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
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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 firstname.lastname@example.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
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 &
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.
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
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
Please arrive at Department 5 by 8:30 a.m.
11-2-05 Andy Cook
11-9-05 Thomas Buchenau
11-16-05 Heidi Collier
11-23-05 Cheryl Daily
11-30-05 Peter Aex
SECTIONS & COMMITTEES
Chair: Mark R. Raftery 589-8800
Members: Jerry L. Carmody, Sam Parise
Chair: Daniel Cohen 697-0333
Member: Andrea Schneider
Chair: Nancy Ewin 698-1788
Members: Miranda Franks, Joselina Medrano
Chair: Edward Torrence 698-6059
Members: Judith Klein, Bud Klueck
Chair: Joseph Fox (858) 527-0111
Members: Jerry Carmody, Edward Torrence, Wells Lyman
Chair: Joselina Medrano 562-9999
Chair: Joseph Fox (858) 527-0111
Member: Miranda Franks
Chair: Dan Bacal 588-2064
Chair: Jerry L. Carmody 667-9600
Chair: Judy Marolt 442-1857
Members: Judith Klein, Joselina Medrano
Chair: Daniel Cohen 697-0333
Member: Joselina 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, or email email@example.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
Foothills Bar Association
P.O. Box 1077
El Cajon, CA 92022