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

February, 2003


Family Law Section Meeting

Tuesday, February 11, 2003

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

Department 6

El Cajon Superior Court

Estate Planning, Trust and

Probate Section Meeting

Thursday, February 13, 2003

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

Nancy Ewin's office

La Mesa


From the President. . . . . . . . .1

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

From the Small Claims

  Advisor. . . . . . . . . . . . . . . . . 2

East County Lawyering. . . . 2-4

Estate Planning Section. . . . . 5

Family Law Section. . . . . . . . .5

Sections & Committees. . . . . 6

Ads and Notices . . . . . . . . . . .6

Pro Tem Schedules. . . . . . . . 7


By Garrison "Bud" Klueck

For those of you who attended the Annual Installation Dinner, some of these remarks will be Deja Vu all over again. Some of the remarks were contained in my Presidential Address as part of the installation ceremonies. While I acknowledge some of our readers have been exposed to some of the thoughts contained herein, I believe that you cannot acknowledge the efforts of those who have come before you too much.

During the address, I remarked that Isaac Newton had observed that, if he could see farther than other men it is because he "stood on the shoulders of giants," meaning the scientists and mathematicians who did all the work on which Newton built. Similarly, the Foothills Bar is the well-functioning organization it is, and that I now have the good fortune to head as President, because of the efforts and contributions of all the Presidents who came before me.

I joined the Foothills Bar in 1990. The 1991 Installation Dinner was the first one I attended. Gary Glauser was the outgoing President and Pat O’Connor was the incoming President. In his remarks, Pat shared with us his vision. The Foothills Bar, around that time, had the unfortunate reputation of being an "Old Boys Network." I do not know how the organization got such reputation in that 28 of the first 29 Bar Presidents were male and one was female. Pat said that he was determined to recruit qualified female lawyers to serve on the Board of Directors, become officers and advance over time to the Presidency. Pat made good on his pledge and, during the mid-90s to the late-90s, the Foothills Bar was lead by three consecutive women Presidents and had a woman President four out of five years.

Those women Presidents that only made spectacular contributions to the Bar, as officers and as President, but also went   on  to some very significant achievements after their

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by Robert A. Durant

Assistant Executive Officer

Administrative Division


The San Diego Superior Court, East County Division, will be closed on Wednesday, February 12, 2003 for Lincoln's birthday and on Monday, February 17, 2003 for President's Day.


The San Diego Superior Court, East County Division, is pleased to welcome two new Judges, Judge Peter L. Gallagher and Judge Richard S. Whitney.

Judge Peter L. Gallagher was elected to the bench on March 3, 2002 and commenced his term on January 6, 2003. Judge Gallagher received his B.A. and J. D. from Temple University in Philadelphia. He was admitted to the State Bar of Pennsylvania, New Jersey and Louisiana in 1984 and the State Bar of California in 1989. He was elected to Philadelphia's 42nd Ward Executive Committee in 1976; in Private Law Practice emphasizing maritime civil litigation with Barker, Boudreau, Lamy and Foley in New Orleans, LA from 1984 - 1989; with the U.S.

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by Donna Morel



Effective January 1, 2003, Civil Code Section 1950.5 has been amended, significantly impacting the rights and obligations of landlords and tenants.

Under the amended code section, a tenant pursing a claim of bad faith retention of a security deposit may seek reimbursement of their withheld security and statutory damages in the amount of twice the security. Formerly, the amount for which the tenant could claim was a maximum of $600.00.

Additionally, Civil Code Section 1950.5 requires that within a reasonable time after notification has been provided by either party to terminate the tenancy, the landlord must notify the tenant of his right to request an initial inspection of the premises.

The landlord must also provide notification regarding the tenant's right to be at the inspection.

According to the amended code section, the purpose of the initial inspection is to provide the tenant time to remedy any potential deficiencies with the premises in order to preclude deductions from the security deposit.

In the event that the tenant demands an initial inspection, the Civil Code 1950.5 mandates that the landlord provide at minimum a 48-hour prior written notice stating the date and time of the inspection. Additionally, the landlord may proceed with an inspection without the tenant being present at the agreed upon time. The landlord and tenant may, by written agreement, waive the 48-hour notification requirement.




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Presidencies. Virginia Johnson went on to become Staff Attorney for Judge Howatt helping him to respond to the complexities of the legal issues raised in the civil law cases that come before them. Ginny also went on to become Vice President of the San Diego County Bar Association. Tamara Smith went on to become City Attorney for Del Mar. Mary Sessom is the four-term Mayor of Lemon Grove and developed and heads the paralegal-training program at Cuyamaca College. Beth Sample is a Certified Family Law Specialist and is nearing her 25th year as a lawyer.

Each President brought a particular concern that he or she addressed in their year term. A multi-page newsletter, as well as the Lunch and Learn program, was initiated during the Presidency of Jim Mietzel. Clayton Anderson emphasized member recruitment and the Bar grew under his leadership. Ted Harris single-handedly began the process of the Foothills Bar having special interest sections when he began the Family Law Section. Richard Freed deliberately recruited members to the Board that he knew were qualified to began sections for civil, criminal and estate planning. Tom Buchenau pushed the Bar into cyberspace by helping to create a web site for us. Wells Lyman just helped organized everything including special events (Padres games), large seminars and the Annual Dinner. Under Jack McCabe’s leadership, we hosted a morning-long seminar for "hard to get" MCLE credits like ethics, avoidance of substance abuse and avoidance of bias in the legal system.

And what do I pledge to bring to the Bar? The state of the Bar is very healthy. We just have the important task of building on what already has been accomplished. I pledge MORE. I intend to appear before you all, at next year’s dinner, to report that we have more members, more money in the bank, have handed out more MCLE credits, have a greater presence in cyberspace and have provided our members with more opportunities to get together to learn, network and enjoy themselves. Let us all work hard to have a great year!



by Rex Randall Erickson

How can you write the score to a symphony yet to be created? (Wilson v. State Bd. of Educ. (1999) 75 Cal.App.4th 1125, 1147.)

The sine qua non of a life in the law is a willingness to devote a great deal of thought to issues which seldom concern non-lawyers. In this case, for example, we discuss appropriate ways in which to distinguish a theater from a restaurant – something with which the general public seems to have absolutely no difficulty, but which regularly defies the best efforts of courts and counsel. (Tily B., Inc v. City of Newport Beach (1998) 69 Cal.App.4th 1, 7-8.)



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Department of Justice, Special AUSA, Asset Forfeiture Unit, San Diego from 1992 - 1993 and served as a Deputy District Attorney in San Diego from 1989 - 2002.

As a DDA, Judge Gallagher served in a general trial division, Major Narcotics Division, Domestic Violence Unit, and the Drug Court. Judge Gallagher is a member of the San Diego Downtown Lions Club and is Chairman of the Lions Welfare Foundation. He is also a member of the National Latino Peace Officers Association, San Diego Law Enforcement Emerald Society, the Ancient Order of Hibernians, the San Diego County Bar Association and the National Association of Drug Court Professionals.

He is active with the Community Youth Athletic Center's Boxing program for disadvantaged youth in National City, The Vietnam Veterans of San Diego's Operation Standown and Lions Camp Jack a summer camp for foster children and other needy kids. Judge Gallagher is married, has 1 child (waiting for another due in August) and enjoys baseball and volunteering in community service activities.

Judge Richard S. Whitney was elected to office on November 5, 2002 and commenced his term on January 6, 2003. Judge Whitney received is J.D. degree from Western State University, College of Law San Diego. He was in private practice as a partner from 1986 - 1997 with Gilbert, Kelly, Crowley and Jennett in both San Diego and Orange County offices. In 1997 he was a partner with law offices of Higgs, Fletcher and Mack in San Diego and was the owner of Whitney and Associates Law Offices in San Diego from 1997 - 2002. Judge Whitney served as Judge Pro Tem in both Orange County and San Diego County Municipal and Superior Courts, served as an arbitrator for the San Diego County Superior Court and a mediator for the San Diego County Bar Association.

Judge Whitney is an adjunct faculty member of the University of San Diego Paralegal Program from 2001 - present. He has been a guest lecturer at California Western College of Law, several insurance companies and at Pfizer Pharmaceuticals. Judge Whitney is married and has 3 children.

Judge Michael B. Harris retired in January 2003. He was a distinguished member of our bench and he will be missed.



Beginning February 3, 2003 the Superior Court, East County Division and The Legal Aid Society of San Diego will open an "Unlawful Detainer Clinic" which will be located on the first

floor of the courthouse in the room directly in front of Department 1. The 'Clinic' will be staffed 5 half days a week as follows: Monday and Friday in the morning 9:30 a.m. - 12:00 p.m.; and, Tuesday, Wednesday and Thursday in the afternoon 2:00 p.m. - 4:30 p.m.

The 'Clinic' is free and will be staffed with attorneys and volunteers from the Legal Aid Society during the times noted above, to assist clientele by answering questions and filling out forms.




Effective February 1, 2003, traffic and minor offense citations with appearances in the Ramona branch are to be filed directly at the Ramona branch and not at the East County branch. The purpose is to expedite clerical processing of these claims.



The next meeting of the Estate Planning, Trust and Probate Section will be held on Thursday, February 13, 2003, from 12:15 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 (or pick it up prior to the meeting at any one of several sandwich shops in the center), enjoy the meeting and earn one hour of MCLE.

The speaker and topic will be announced.

This activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour Ethics or 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.

These Section meetings are free for all FBA members, and $10.00 for non-members. Applications for FBA membership will be available at the door.

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


The next meeting of the Family Law Section will be on Tuesday, February 11, 2003, from 12:00 p.m. to 1:15 p.m. in Department 6 of the El Cajon Superior Court (second floor). Food is allowed and you are invited to bring your brown bag lunch.

The speakers will be the Honorable Christine K. Goldsmith, the Honorable Laura Halgren and the Honorable Commissioner Alan Clements who will discuss the policies and procedure to be used in the El Cajon Family Law Departments throughout 2003.

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, Judi or Dana.




Joseph Fox 466-9091

Sam Parise (858) 674-6660


Daniel Cohen 697-0333

Sheryl Graf 440-5716


Scott Cole 460-2080

Nancy Ewin 698-1788

Joselina Medrano 562-9999


Judith Klein 698-1882

Bud Klueck 448-6500

Edward Torrence 698-6059



Virginia Johnson 441-4801

Wells Lyman 589-9984


Joselina Medrano 562-9999


Bud Klueck 448-6500


Dan Bacal 588-2064


Jerry Carmody 667-9600


Joselina Medrano 562-9999


Edward Torrence 698-6059


Catherine Tancredi 579-7876


Wells Lyman 589-9984




Close to courthouse in El Cajon. Contact Jim Miller at (619) 590-0383 for further details.


SHARE SUITE SPACE with three attorneys in Allied Plaza. Large window office in La Mesa's finest office highrise. Located at I-8 and Fletcher Parkway. Covered parking, deli and much more. Office amenities include secretarial space, conference room/law library, kitchen, file/storage room. Call Penny at (619) 461-6511.



Newly remodeled office. Share space with established attorney. Private office, reception area and conference room. Copier and fax available.
Call 619-667-2915 for more details



Copier, conference room, library. One block from El Cajon Courthouse. Contact Albert Austin, Esq. at 619-588-2828.



Please be prepared to take the

bench at 8:15 a.m. and 1:15 p.m.


February, 2003

4        AM     Ron Oberndorfer

          PM     Blaine Phipps

5        AM     Charles Scott Jr.

          PM     Frank Puglia

6        AM     Conrad Walker

          PM     Joseph Sciarretta

7        AM     Dan Bacal

          PM     Thomas Buchenau

11      AM     Timothy Cohelan

          PM     Ed Castro

12      AM     Kenyon Young

          PM     Peter Singer

13      AM     HOLIDAY

          PM     HOLIDAY

14      AM     David Egan

          PM     David Demergian

18      AM     Joseph Fox

          PM     Miranda Franks

19      AM     Elliot Kanter

          PM     Larry Kincaid

20      AM     Garrison Klueck

          PM     Wells Lyman

21      AM     Leroy Knutson

          PM     Thomas Marshall

25      AM     Clare Maudsley

          PM     Jon McKinley

26      AM     James Mietzel

          PM     Ron Oberndorfer

27      AM     Frank Puglia

          PM     Blaine Phipps

28      AM     Charles Scott, Jr.

          PM     Joseph Sciarretta









Garrison Klueck             President           619-448-6500

Jerry Carmody             Vice-President   619-667-9600

Joseph Fox                    Secretary           619-466-9091

Joselina Medrano          Treasurer           619-562-9999


Daniel Cohen                                            619-697-0333

Nancy Ewin                                              619-698-1788

Judith Klein                                               619-698-1882

John McCabe, Jr.                                     619-692-3136

Judy Marolt                                               619-442-1857

Angelo "Sam" Parise                                858-674-6660

Andrea Schneider                                     619-337-1384

Ed Torrence                                              619-698-6059


Wells Lyman, San Diego County Bar       619-589-9984

Judy Marolt, East County Lawyers Club   619-442-1857



Editor in Chief/Layout & Design . . . . . .Catherine Tancredi


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Send submissions to Catherine Tancredi by e-mail to in WordPerfect 8.0 format. Short items and ads may be mailed to 7125 El Cajon Blvd., Ste. 3, San Diego, CA 92115 or faxed to 619-334-6571.


Send your change of address/telephone to Rita Drouin at 275 E. Douglas  Ave., Suite 104, El Cajon, CA 92020-4545 or by fax to 442-8060

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022