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

July, 2005


Family Law Section Meeting

Tuesday, July 19, 2005

11:45 a.m. to 1:15 p.m.

Jury Lounge. Ground Floor

El Cajon Superior Court

Civil Litigation Section Meeting

Tuesday, July 19, 2005

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

BJ's Bar & Grill

Grossmont Center

Estate Planning Section

Thursday, July 21, 2005

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 Editor. . . . . . . . . . . . . 2

East County Lawyering. . . . . . 2-4

Civil Litigation Section. . . . . . . .4

Estate Planning Section. . . . . . . 5

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

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

Sections & Committees. . . . . . . 7

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


By Joseph Fox

I apologize for not preparing a President’s Message for June 2005. I just couldn’t seem to catch up from my two week trip to Israel in May. If you don’t mind, I would to share with you some of the highlights of my trip to Israel.

I had the privilege of taking my 87 year old father to Israel to attend the International and Multi-Generational Gathering of Survivors and their Families, at Yad Vashem, Jerusalem, to visit with family, and to tour Israel. My father is a Holocaust survivor, having persevered through many German labor camps. Yad Vashem is the memorial is Israel to the Jews who were killed in the Holocaust.

Our first week was spent in Jerusalem visiting Yad Vashem and touring the ancient city of Jerusalem. At Yad Vashem we toured the new museum that opened this past March. The story of the Holocaust is one of the shamefulness of man’s inhumanity to man. The lesson I learned at Yad Vashem is that as human beings we cannot allow any future holocausts to occur, whether they be of Jews, Christians, Moslems, Africans, or any other people.

You do not realize the importance of Israel to the major religions of the world until you go there. Israel is not only the homeland of the Jews, but it is an important center for the Moslem, Catholic, Greek Orthodox, Bahai, and probably many other religions. When our tour guide discussed the history of the area, he discussed events and people dating back more than 2000 years. His recitation of the history of Israel was enhanced by being able to see the Tomb of King David, the room of the Last Supper on Mt Zion, walking in the walled city, in the tunnel along the base of the Western Wall, touring the Jewish, Moslem and Christian Quarters, visiting the Roman Cardo, the Herodian Quarter, walking up to the Western Wall, viewing where Abraham took his son, Isaac, for

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by Robert A. Durant

Assistant Executive Officer

Administrative Division

Holiday Schedule

The San Diego Superior Court, East County Division will be closed for Independence Day, Monday, July 4, 2005.

Consolidation of Small

Claims Calendar

Commencing on July 1st, the small claims calendar for the East County small claims court will consolidate its morning sessions into one session, held at 8:00 a.m. Presently, small claims cases are scheduled for 8:00 a.m. and 10:00 a.m., with the former utilized by individual litigants, and the later reserved for business entities pursuing small claims actions.

The consolidation is being made in an attempt to provide for a more time efficient and cost effective process by which to hear small claims actions. The small claims docket is heard Tuesday through Friday morning at 8:00 a.m. By calendaring all cases at eight also allows us to better leverage the mediation services that are being initiated at the same time. The East County Court ceased holding afternoon hearings for small claims matters during the past year.

Judicial Corner

The following Judicial moves will be effective July 5, 2005.

* Judge Laura C. Halgren will move to Department 3.

* Judge Timothy Taylor will move to Department 4.

* Judge Timothy Tower will move to Department 19; however, Prop 36 and Drug Court will continue to be held in Department 4 on Thursday with Judge Tower presiding.

* Jude Richard Whitney will move to Department 10.

NOTE: East County's next Drug Court Graduation will be Thursday,

July 28, 2005 at 2:30 in the Jury Lounge, Ground Floor - 250 E. Main Street, El Cajon, CA.



by Catherine Tancredi

Since I retired, I spend many hours on the road providing taxi service for my kids and their seemingly endless activities. Thus, I listen to alot of talk radio and while I don't always agree with what is said, I am much more informed on current political events than I have ever been at any time in my life.

I was very shocked by the surprise announcement of the retirement of Justice Sandra Day O'Connor but not for political reasons. I thought she was too young to retire (74!) and also believe she should have waited until she had been on the bench for 25 years and not 24 (I like having things rounded to quarters-of-the-century). What an awful summer this will be determining who will be her successor. At least that may take some of the spotlight off Hollywood's elite and their strange antics!

Also, I was shocked when the Supreme Court determined that some private developer now has the right to buy my little condo for "fair market value" just to put up a shopping mall. I have lived here all my life and remember when houses on East Lake Drive were going to be knocked down to build 125 (it only took them 20 or so years to do it). But at least I got some good use out of the eminent domain laws as the new freeway provides great access. Do I really need another mall? I know California has stricter guidelines on how property can be taken but right now the integrity of the Supreme Court is at stake and no one believes that the Justices are looking out for them. I hope that law is challenged and changed for everyone's piece of mind. In the meantime, I hope developers are not setting their sights on my condo property!

Have a safe summer!




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sacrifice at God’s request, and looking at the Dome of the Rock. We also visited Mount Har Herzel, a memorial to Israel’s soldiers which houses the resting places of Theodore Herzl, Golda Meir, and Yitzhak Rabin.

From Jerusalem we went to Tel Aviv. This is a modern city, with new construction, including $1,000,000 condominiums. Tel-Aviv is Israel's largest city and biggest commercial center. Parts of the city reminded me of San Diego or Miami Beach. The Mediterranean Sea looks like the Pacific Ocean. Tel Aviv is the home of the Diaspora Museum, which represents the 2,500 years of Jewish life in the Diaspora (the settling of Jews outside Israel), beginning with the destruction of the First Temple in Jerusalem and chronicling major events like the exile to Babylon and the expulsion from Spain in 1492.

Abutting Tel Aviv is the old City of Jaffa. Jaffa reminded me of a “clean” Tijuana, including food stands on the street, selling falafel and schwerma instead of tacos. It is filled with artists' quarters, studios and art galleries. The view from Jaffa to Tel Aviv, along the Mediterranean Sea is breathtaking.

After Tel Aviv we traveled to Tzefat, on the slopes of Mount Canaan in the Upper Galilee. Tzefat is the birth place of Jewish mysticism. In Tzefat we toured the ancient synagogues, courtyards, and artists shops.

From Tzefat we were taken to my relative’s Kibbutz, Kfar Giladi, near the Golan Heights. It is literally a stone’s through from Lebanon, and a short missile flight from Syria. We spent Independence Day with four generations from my mother’s family. It was so much like celebrating the 4th of July in any small town in America. From Kfar Giladi we toured the Golan Heights, which were captured from Syria. It was strange to see signs on barbed wire fences admonishing you not to cross because of the presence of land mines. We traveled across the Golan Heights and observed a crusader’s castle, former Syrian bunkers, and crossed over the Jordan River (what a narrow and dirty little river) to Tiberias.

Tiberias is on the western shore of the Sea of Galilee (Lake Kinerret in Hebrew). It is on a mountain slope, beautifully looking over the Golan Heights. Christians refer episodes to the Sea of Galilee, such as the Multiplication of the Loaves and Jesus Walking on the Waters. From Tiberias we drove to the Rosh Hanikra at the Lebanese/Israeli border to walk though caves carved into the sandstone by the Mediterranean Sea. It reminded me of the caves near the Marine Room at La Jolla Shores, but much more scenic. From Rosh Hanikra we drove through Haifa and saw the golden domed Bahai Shrine.

On our last day we traveled along the shores of the Dead Sea, from where you can see the hills of Jordan, and visited Masada. We ascended by cable car and toured the ancient fortress where the Jewish zealots made their last stand against the Romans before committing mass suicide in 73 AD. The view, architectural excavations, and history from atop Masada is phenomenal. We descended by cable car and went to the beach to float in the Dead Sea. That was amazing, but don’t drink the water, get any in your eyes, or on your sores.

On our bus ride back to Jerusalem we passed Bedouin villages and saw the camels for which they posted camel crossing signs along the freeway.

Israel is an amazing little country. I was awed by the wealth of history, political and religious, and by the courage of the people that live there, both Jewish and Arab. I only hope that they can learn to live together in peace and harmony.


Joseph Fox, President



by Randall "Rex" Erickson

"[T]he two motions were similar, but the problem is they were not the same. "Close" is good enough in horseshoes and hand grenades, but not in the context of the sanctions statute. (Hart v. Avetoom (2002) 95 Cal.App.4th 410, 414.)

The Agency presents a "classic case of closing the barn door after the horse is gone." (Kunec v. Brea Redevelopment Agency (1997) 55 Cal.App.4th 511, 525.)



Dan Bacal has coordinated another golf tournament aka, the "4-person scramble." The tournament is scheduled for Thursday, September 8, 2005 and begins at 1:00 p.m. at the Cottonwood Golf Course. Tickets are $80.00 per golfer and include green fees, cart, beer cart, hats and food. Of course, "fabulous prizes" will be awarded to the winners. Additional information will be provided in future newsletters but in the meantime, please contact Dan Bacal at 588-2064 if you have any questions.



It is time again to renew your FBA membership and pay your $45.00 annual dues. Benefits include this informative newsletter keeping you up to date on the happenings of East County, free monthly section meetings which earn MCLE credit, MCLE seminars, and an annual directory. Please complete the application included in this newsletter and mail with your check today!


The next meeting of the Civil Litigation Section will be on Tuesday, July 19, 2005 from 12:00 noon p.m to 1:15 p.m. at BJ's Bar & Grill at Grossmont Center in La Mesa. Please use the enclosed flyer to reserve your space.

The speaker will be the Honorable Lillian Y. Lim who will discuss the "Top 10 Law & Motion Mistakes." The cost of buffet lunch (pizza, salad and drink) will be $15.00 if more than 20 people attend. If less than 20, persons attending will order off the menu and be responsible for the cost of their meal.

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 Jerry, Sam or Mark.



The next meeting will be held on Thursday, July 21, 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 these meetings.

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.


The next meeting is tentatively scheduled for Tuesday, July 19, 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 brown bag lunch.

"Managing Risk for the Sole Practitioner (There's More to Worry About Than Malpractice)." State Farm Insurance Agent Clive Langley will discuss: Means and insurance products available to manage risk in a small firm setting; Potential liability from employees, clients and guests.

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 Bud, Ed or Judi.



Please be prepared to take the

bench at 8:15 a.m.


July, 2005


1          Charles Scott

5          Tom Buchenau

6          Kenyon Young

7          Dan Bacal

8          Catherine Tancredi

12        Thomas Castonguay

13        Ed Castro

14        Timothy Cohelan

15        Dave Demergian

19        David Egan

20        Miranda Franks

21        Elliott Kanter

22        Larry Kincaid

26        Wells Lyman

27        Thomas Marshall

28        Garrison Klueck

29        Jon McKinley


Legal research for small law firms and solo practitioners. Call INFORMATION RESOURCE SPECIALISTS, INC., at 619-463-1284, or visit us online at Local references available.



Please arrive at Department 5

by 8:30 a.m.

July, 2005


7-6-05             Cynthia Baker

                        Blaine Phipps

                        Lori Viviano

                        Kindra Willey


7-13-05           Garrison Klueck

                        Stanwood Johnson

                        John McCabe

                        Gerald Mulder


7-20-05           Thomas Buchenau

                        Julia Guroff

                        Win Heiskala

                        Michael Love


7-27-05           Brian Burkett

                        Michael Has-Ellison

                        Sandra Mayberry

                        Richard Peterson





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.




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




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



Call 619 441-1100, or email


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


Joseph FoxPresident 858-527-0111

Ed TorrenceVice-President 619-698-6059

Andrea SchneiderSecretary 619-337-1384

Angelo "Sam" PariseTreasurer 858-674-6660


Jerry Carmody 619-667-9600

Daniel Cohen 619-697-0333

Nancy Ewin 619-698-1788

Miranda Franks619-660-0520

Judith Klein 619-698-1882

Judy Marolt 619-442-1857

Joselina Medrano 619-562-9999

Mark Raftery619-589-8800


Garrison "Bud" Klueck, SDCBA619-448-6500

Judy Marolt, Lawyers Club619-442-1857


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


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)


Send article submissions to Catherine Tancredi by e-mail to Short items may be mailed to 7125 El Cajon Blvd., # 3, San Diego, CA 92115 or faxed to 619-334-6571. Send ads with check to Rita Drouin at 275 E. Douglas  Ave., Suite 104, El Cajon, CA 92020-4545


Send change of address or telephone number to Rita Drouin at 275 E. Douglas  Ave., Suite 104, El Cajon, CA 92020-4545 or fax to 442-8060 or call Rita at 619-588-1936

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022