FOOTHILLS BAR

ASSOCIATION

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


October, 2006



CALENDAR



Estate Planning Section

Thursday, October 12, 2006

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

Nancy Kaupp Ewin's Office

La Mesa



Family Law Section

Tuesday, October 17, 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. . . . . . 2-4

Estate Planning Section. . . . . . . 5

Family Law Section. . . . . . . . . . .5

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

Sections & Committees. . . . . . . 7

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





FROM THE PRESIDENT

by Edward R. Torrence


One of the pleasures of this job is to recognize the individuals whose generous contributions of time and talent help this organization complete its mission of service to the Court and to the bar of East San Diego County. Bravo to Mark Raftery for organizing a lunch hour forum for judicial candidates. Deputy District Attorney Rod Shelton and east county attorney Larry Kincaid addressed interested attorneys and others at BJ’s restaurant in La Mesa. Mark did a great job of securing the venue and the cooperation of the two candidates and getting the word out to interested counsel.


Likewise, kudos are due to Dan Bacal for organizing the annual Foothills Bar Association golf tournament. The fact that Dan has coordinated this event for the last 20 years and could probably do it in his sleep does not diminish the value of his efforts to the Association. I will not divulge any scores since these fall under the attorney-golfer privilege, but I will acknowledge that the top honors were taken by the foursome of Stan Bacinett, Richard Feuerstein, Marc Shular and Commissioner Alan B. Clements.


September saw the Foothills Bar Association sponsored blood drive for the San Diego Blood Bank take place thanks to the special efforts of board member Jocelyn Medrano.


Please do not overlook the annual MCLE seminar for “Hard to Get Credits” (ethics, substance abuse prevention and elimination of bias in the legal profession). Thanks are due in large part to board member Judy Marolt who has coordinated the logistics, speakers and refreshments for the event. Please refer to the flyer for details. It is an evening event this year to accommodate attendees without using up a Saturday morning.


con’t on page 3


EAST COUNTY LAWYERING


FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division


California Consumer Affairs

Association - Small Claims Conference


The California Consumer Affairs Association, in partnership with the Small Claims Advisors Association, will hold its annual conference at the San Francisco Marriott Fisherman's Wharf, commencing on October 17th


The focus of the three day conference, attended by consumer law attorneys and small claims legal advisors, will include seminars pertaining to debt collection abuse, elder financial abuse, and internet fraud. Additional ally, the conference will provide updates regarding newly enacted small claims laws and general legislation impacting consumer law.


Attorneys may MCLE credits for conference attendance. To learn more information regarding the conference, please contact Jim Shrum, Conference Chair, at (707) 565-3499.


HOLIDAYS


The San Diego Superior Court, East County Division will be closed Monday, October 9, 2006 for Columbus Day.


NEW RULES GOVERNING

TEMPORARY JUDGES


Please see the flyer in this Newsletter regarding Mandatory Training for Temporary Judges and Settlement Conference Attorneys.




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 volunteering takes but a few hours a month and in my opinion - is totally worth it!



EAST COUNTY LAWYERING


FROM THE PRESIDENT

con’t from page 1


Just a reminder it is not too early to be thinking about nominations for the association’s annual awards. Please consider the members of the Bench and Bar who would be worthy candidates for these recognitions. Please send your nomination and a brief description of the nominee’s activities and conduct, which support the award, to me or to any of the board members prior to the December board of directors meeting. While you’re at it please consider the time in activities that you’re willing to devote to the organization in the coming year. There are always opportunities to serve in the work of the sections or on the Board of Directors. Please let me know of your interest.


The George A. Alspaugh Award was initiated in 2003. This recognition is awarded to the member of the Association who exhibits the highest standards of civility in the practice of law, thereby advancing the positive image of the attorney as a professional and an officer of the Court and in so doing garners the respect of his or her colleagues. Prior recipients have been:

 

            2003                Wells B. Lyman

            2004                John J. “Jack” McCabe, Jr.

            2005                Robert F. Wiggins

            2006                Thomas M. Buchenau


The Foothills Bar Award fondly nicknamed “The Big Footie” began in 1999. This recognition is awarded to the member of the Bench or Bar whose contribution of service, effort, time and skills to the legal community of East San Diego County exhibits the highest ideals of public service. Prior Recipients have been


            1999    Honorable Eddie C. Sturgeon

            2000    Honorable Christine K. Goldsmith

            2001    Honorable Victor E. Bianchini



 

            2002    Honorable Harrison R. Hollywood

            2003    Honorable William J. Howatt. Jr.

            2004    Honorable William J. Howatt. Jr.

            2005    Garrison “Bud” Klueck

            2006    Wells B. Lyman


Another aspect of this job is lunch meetings, some certainly more interesting than others. This month included a lunch meeting with District Attorney Bonnie Dumanis who is the newly elected representative for District 9 of the State Bar Association. Ms. Dumanis invited bar leaders of each of the regional and specialty bars to a lunchtime meeting to discuss future opportunities for interaction, coordination and mutual support between the local bar associations and the State Bar. Any member with any thoughts or suggestions on these issues is encouraged to contact me to share your thoughts and ideas.


This month I was also pleased to be able to attend a lunch meeting of past presidents of the Foothills Bar Association. To everyone’s collective knowledge this was the first time such an event had been held. Major thanks to Lynn McDougal for organizing the event. Lynn and I were joined by 10 other past presidents who served between 1962 and 1989. Each of these past presidents was able to share with me a number of stories regarding the Bar Association, its genesis and evolution, it struggles and achievements that have brought us to where we are today. It was a lot of fun as well. I cannot do that meeting justice in this short space. I will endeavor to incorporate much of what I learned in a brief history of the Association to be compiled in the near future. For those of you that were not present at the meeting but have recollections of the early years of the Association, or may be in possession of any of the early documents, minutes or records of the Association I would be pleased to hear from you as well.


Wishing you all health and success,

            Edward Torrence



EAST COUNTY LAWYERING


"HARD TO GET”

MCLE CREDITS SEMINAR


The Foothills Bar Association will present its Fourth Annual Hard to Get MCLE Seminar from 5:30 p.m. to 9:00 p.m. on Wednesday, October 25, 2005, at the Ronald Reagan Community Center, located at 195 East Douglas Avenue, El Cajon, California.


Attendees will receive three hours MCLE credit which will include one hour Legal Ethics credit, one hour Elimination of Bias credit and one hour Substance Abuse credit. Food will be provided.


Please see enclosed flyer for further details and to register to attend the seminar. The cost is higher if you reserve your space after October 18, 2006.


If you have any questions, please contact Judy Marolt at 619-442-1857.

























QUOTABLE QUOTES

by Randall "Rex" Erickson


A statement that the plaintiff is a “Dumb Ass,” even first among “Dumb Asses,” communicates no factual proposition susceptible of proof or refutation. (Vogel v. Felice (2005) 127 Cal.App.4th 1006, 1020.)


Although case law appears to adhere to the old adage that “sticks and stones may break my bones, but words will never hurt me,” nonetheless, when violence or the threat of violence is added to the equation, a trier of fact could determine Appellant's conditions of employment had been drastically changed and that she was in a hostile work environment.
(Sheffield v. Los Angeles County Dept. of Social Services (2003) 109 Cal.App.4th 153, 163-164.)




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 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.



FAMILY LAW SECTION


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.


PRO TEM SCHEDULES


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

 

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.


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


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





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


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 President           619-698-6059

Miranda C. Franks Vice-President   619-660-0520

Nancy Kaupp Ewin Secretary          619-698-1788

Mark R. Raftery Treasurer           619-589-8800


2006 DIRECTORS

 

Carolyn R. Brock                                619-440-4444

Daniel W. Cohen                     619-697-0333

Joseph Fox                                          858-527-0111

Judith Klein                               619-698-1882

Judy M. Marolt                                   619-442-1857

Joselina L. Medrano                   619-562-9999

Cheryl L. Stengel                                619-233-1727


REPRESENTATIVES


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

Judy M. 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