FROM THE PRESIDENT

by Edward R. Torrence

con’t on page 3

FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

CONSUMER REMEDIES

FOR DOG OWNERS

The Business & Professions Code provides dog purchasers numerous rights in the event that the dog suffers an illness or it is discovered that the dog has a congenital or hereditary defect.

Business & Professionals Code Section 122160 mandates remedies that a pet dealer must provide in the event that a written statement from a veterinarian is produced by a pet purchaser. The veterinarian statement must assert that within 15 days after the pet purchaser gained physical possession of the dog, the animal fell ill due to an illness that existed on or prior to the delivery of the dog.

Additionally, the code mandates that a pet dealer provide similar remedies in the event that the pet purchaser produces a written statement from a veterinarian within one year after the purchaser gained physical possession of the dog. The written statement must assert that the dog suffered from a congenital or hereditary condition that adversely affected the dog’s heath, or that the condition requires or is likely to require hospitalization or non-elective surgery.

In accordance with section 122160, when a dog is deemed unfit for sale in either instance, a pet dealer must comply with specific remedies at the election of the purchaser. The purchaser may, for example, return the dog for a full refund and for reimbursement of veterinary fees incurred for the diagnosis and treatment due to the illness. Such veterinary bills, however, cannot exceed the total purchase price of the dog.

Additionally, the purchaser may elect to exchange the dog for a dog of equivalent value and obtain reimbursement of veterinary fees. The purchaser may also choose to retain the dog and seek reimbursement for veterinary fees. In the event a purchaser chooses to retain the dog, the reimbursement fees cannot exceed 150 percent of the total original purchase price of the dog.

Finally, in the event that the dog dies, the purchaser may demand a complete refund or a replacement dog of equivalent value, in addition to reimbursement for veterinary fees. The purchaser must provide written documentation from a veterinarian stating that the dog’s death was due to an illness or disease that existed within 15 days after the purchaser obtained physical possession of the dog, or that the death was due to a congenital or hereditarily condition that was diagnosed by the veterinarian within one year following physical possession by the dog purchaser.

HOLIDAYS

The San Diego Superior Court, East County Division will be closed Friday, November 10, 2006, for Veteran's Day.

FROM THE PRESIDENT

con’t from page 1

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.

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.

Upcoming MCLE presentations at the San Diego County Public Law Library, 1105 Front St. San Diego, CA

12/8/06 at 12:30 a WESTLAW PRESENTATION ON EMPLOYMENT LAW
12/15/06 at 12:30 a WESTLAW PRESENTATION ON CRIMINAL LAW
1/10/07 at noon an ETHICS PRESENTATION by Dave Carr
1/17/07 noon or 12:30 a talk on "FORENSIC EVALUATION OF E-MAILS" by Ed Pscheidt
1/24/07 at noon a SUBSTANCE ABUSE talk by Dave Demergian
1/25/07 at noon an ETHICS PRESENTATION by Dave Carr

TO JUDGE, OR NOT TO JUDGE . .

THAT IS THE QUESTION

by Catherine Tancredi

This year marks my 10th year volunteering as a Small Claims Judge. I also spent many years volunteering as a Settlement Conference Judge but stopped when I retired back in 2002. I would like to share with those of you who are considering volunteering in either of these capacities insider secrets of one who has been there.

I specialize in family law. That is a very difficult and emotional area to handle every day. By volunteering in Small Claims, I get to hear all kinds of different matters. Of course, some types of matters only come up in East County - i.e., the horse stud case, the case where "his computer has a camera and is spying on me" and the "landlord failed to send me my security deposit" with the landlord showing pictures of how the tenants left it and you wouldn't let your worst enemies live there! I like telling my kids the funny (and sometimes sad) stories of the people that come into my courtroom. It is always difficult to tell someone that they more than likely won't see a dime of the judgment. It is different and that is what is so nice about it. Most of the cases are fairly simple and involve common law and common sense. I've had a few really tough law based cases that I actually had to do research to figure out!

In Family Court, what was nice about being a Settlement Conference Judge was that you were not going to take these folks home with you - you got to listen to their evidence (and emotions) and advise them what would be a good settlement given their facts, evidence and case history. I came upon areas of the law that I never had in a case before and learned something valuable for when the paying client had that very same issue.

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 October 12, 2006. The speaker and the topic will be TBA. 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.

The next meeting will be held Tuesday, October 17, 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.

The topic will be "New Legislation and Court Policies Affecting Temporary Judges and Settlement Conference Attorneys (making sense of the new laws, regulations and training requirements). The speakers will be Temporary Judge Administrator Milica Novakovic and Holly M. Bullen with comments by the Honorable Patricia Garcia.

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.

SMALL CLAIMS COURT

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

October, 2006

3          John Martin Wells Lyman

4          David Demergian

5          Cheryl Daily

6          Catherine Tancredi

10        David Egan

11        Miranda Franks

12        Elliott Kanter

13        Catherine Tancredi

17        Wells Lyman

18        Thomas Marshall

19        Dan Bacal

20        Catherine Tancredi

24        James Mietzel

25        Barry Pasternack

26        Kristine Nesthus

27        Catherine Tancredi

31        Blaine Phipps

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

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

October, 2006

10-4-06           Michael Bruno

                        Richard Feuerstein

                        Jeff Fritz

                        Garrison Klueck

10-11-06         Brian Cochran

                        William Hendrich

                        Timothy McDermott

                        Barton Noone

10-18-06         Marilyn Bierer

                        Gary Glauser

                        John Keeling

                        Wells Lyman

10-25-06         Sharon Asaro

                        Matthew Kremer

                        Erik Moore

                        Joseph Vrbancic

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

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022