Newsletter of the Legal Community of San Diego's East County March, 2002
Family Law Section Meeting
Tuesday, March 12, 2002
12:00 p.m. to 1:15 p.m.
El Cajon Superior Court
Estate Planning, Trust and
Probate Section Meeting
Thursday, March 14, 2002
12:15 p.m. to 1:15 p.m.
Nancy Ewin's office
IN THIS EDITION
From the Editor. . . . . . . . . . . .1
From the Court. . . . . . . . . . . . 2
East County Lawyering. . . . 2-4
Family Law Section. . . . . . . . .5
Estate Planning Section. . . . . 5
FROM THE PRESIDENT
By Jack McCabe
Greetings! If you have grown accustomed to the literary meanderings of our past president, Wells Lyman, the columns ahead will not measure up. At the outset, please let me extend still another thunderous round of applause for a job well done. As I mentioned at the Bar Dinner, Wells has been the proverbial man for all seasons, the jack of all trades, the one who could always be counted on to not only volunteer, but to see a task through to a successful completion. The honorary gavel presented to Wells at the Dinner, a mallet measuring some 3 feet in length with a proportionate striking head, will bear the inscription “SIZE DOES COUNT”. In this instance, the reference is to Wells’ heart and the great capacity to cheerfully and effectively organize and supervise and deputize. It will be a hard act to follow.
There will not be a great deal of noticeable change in the activities of the Association in the coming year. We will be striving to resume the Annual Seminar that was so successful in years past, both from an attendance and content perspective, and also as a vehicle that helped fund many of our community orientated activities. Committee/Section chairs this coming year are:
FAMILY LAW: Ed Torrence and Judi Klein, with assistance from Dana Wynn
CIVIL LITIGATION: Angelo Parise, with assistance from Joe Fox
PROBATE/ESTATE PLANNING: Joselina Medrano, with assistance from Jerry Carmody
CRIMINAL LAW: Dan Cohen and Sheryl Graf
One of our primary goals to be implemented during the next
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EAST COUNTY LAWYERING
FROM THE COURT
by Robert A. Durant
Assistant Executive Officer
CHECK CASHERS AND
The small claims court is often confronted with problems arising from check cashing disputes. Title 1.6F of the Civil Code provides specific regulations pertaining to the check cashing transactions. Civil Code Section 1789.35 governs the fee charges allowed for check casher businesses. The code section limits charges placed on payroll and government checks. The law only covers check-cashing transactions in which the consumer provides appropriate personal identification, including a California driver's license or military identification.
The code prohibits a check casher from charging more than ten dollars to establish an account. The Code provides for a fee limit of 12% of the face value of the check or 15% for the face value of a deferred deposit.
Moreover, when there is a violation of the fee limit the code mandates a civil penalty not to exceed $2,000 for each violation. The penalty, however, must be enacted through the Attorney General office.
A litigant who has been injured by the violation, however, may bring an action to recovery money damages through the civil or small claims court. The code provides the court discretion to award up to three times the damages actually incurred, and sets a minimum recovery of no less than the amount paid by the consumer.
Additionally, when the court determines that the breach or violation was willful, and such facts are provided through the production of clear and convincing evidence, the court has discretion to award punitive damages in addition to the treble damage amount that the plaintiff may seek.
Commissioner Gary Bloch will transfer to South County effective March 8, 2002. He will be missed. Judge Charles W. Ervin will be moving into Department 3 and will be handling that calendar as well as his current trial court calendar. We wish them both the very best.
by Rex Randall Erickson
We do not believe the legislative intent in establishing a board to consider parole is furthered by one individual's serving in a dual role. As the Lord Chancellor stated, "I am here in two capacities, and they clash, my Lords, they clash! I deeply grieve to say that in declining to entertain my last application to myself, I presumed to address myself in terms which render it impossible for me ever to apply to myself again. It was a most painful scene, my Lords--most painful." (Gilbert & Sullivan, Iolanthe (London Records, Inc. 1976) act 2, p. 14.) (People v. Deputy Sheriff’s Assoc. Of Santa Clara Co., Inc. (1996) 49 Cal.App.4th 1471, 1484).
''You take my house when you do take the prop That doth sustain my house; you take my life When you do take the means whereby I live.'' Hughes v. City of Los Angeles (1914) 168 Cal. 764, 765).
EAST COUNTY LAWYERING
FROM THE PRESIDENT
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several weeks will be to update and make more meaningful and informative the Association website. Anyone interested in helping should contact me as soon as possible. The compensation is paltry, but the publicity will be priceless for whomever can assist.
If brevity is the essence of wit, this column should be funny. Please know that your Board is interested in preserving the tradition of serving you the members by providing quality continuing education that will enhance your practice skills, keep you abreast of recent developments both locally and throughout the State, and offering the perennial good times---the golf tournaments, the Padres Night Out, and whatever else we can corral Wells, Dan Bacal et al into running. By the way, for those of you who missed Wells’ Dinner Production this year, it will be available on the Home Shopping Channel for $39.95, ten percent of which will go towards Well’s waning retirement fund for his second official retirement.
Please contact any of your Board members for any suggestions, questions, comments or criticisms ( the latter will all be referred to Bud Klueck for handling). We do value your opinions and wish to serve you as best we can.
2002 CHANGES IN
by Joseph Fox
Effective January 1, 2002, the legislature amended several statutes pertaining to disclosures in rental agreements and unlawful detainer proceedings.
Civil Code §1962 was amended to require the owner of every residential dwelling offered to the public for rent or lease to make the following additional disclosures:
1. §1962(a)(1) - the telephone number of the person authorized to manage the premises, the owner, or authorized to act for the owner for purposes of service of process and to receive or receipt all notices and demands;
2. §1962(a)(2) - to disclose:
(i) the name, telephone number, and address of the person or entity to whom rent payments are to be made.
(ii) if rent payments can be made personally, the usual days and hours that person will be available to receive the payments. At the owner's option, the rental agreement or lease can instead disclose the number of either the account in a financial institution into which rent payments may be made, including the name and street address of the institution, and provided the institution is located within five miles of the rental property, or the information necessary to establish an electronic funds transfer procedure for paying the rent.
(iii) the form or forms in which rent payments are to be made. The owner must also provide a copy of the rental agreement or lease to a tenant within 15 days of its execution by the tenant. Once each calendar year thereafter, upon request by the tenant, the owner or owner's agent must provide an additional copy of the rental agreement or lease to the tenant within 15 days of the request. If the owner or owner's agent does not possess the rental agreement or lease or a copy, they shall instead furnish the tenant with a written statement stating that fact and containing the information required by paragraphs (a), (b), and (c) above.
If the tenancy is pursuant to any
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EAST COUNTY LAWYERING
2002 CHANGES IN
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oral agreement, a tenant shall be furnished such a written statement within 15 days of the oral agreement. Also, once each calendar year thereafter, upon request by the tenant, the owner or owner's agent must provide an additional copy of the statement to the tenant within 15 days of the request.
3. §1962(d)(3) - rental payments may be made in cash, check, money order, or in any form previously accepted by the owner or owner's agent, unless the form of payment has been specified in the oral or written agreement, or the tenant was notified by the owner in writing that a particular form of payment is unacceptable.
4. §1962(f) - presumes receipt of notice or rent, if the address provided by the owner does not allow for personal delivery, and the tenant mails the rent or notice to the owner to the name and address provided. The notice or rent is deemed received by the owner on the date posted, if the tenant shows proof of mailing to the name and address provided by the owner.
Civil Code §1962.5 was amended to provide an alternative method of disclosing the telephone number of the person authorized to manage the premises, the owner, or authorized to act for the owner for purposes of service of process and to receive or receipt all notices and demands by placing the information in a printed or typewritten notice posted in every elevator and one other conspicuous place if the dwelling structure contains an elevator, or if it does not, in at least two conspicuous places in the structure.
Civil Code §1962.7 was amended to added the words “successor owner, manager or agent” to the provision regarding the method of service of process in the event of a failure to comply with the ownership identification requirements of the chapter.
Code of Civil Procedure §1161, defining an unlawful detainer, was amended to require disclosure in a three day notice served as a result of the tenant continuing in possession without permission of the landlord or after default in payment of rent, of the name, telephone number, and address of the person to whom the rent payment is to be made, and, if payment can be made personally, the usual days and hours that person will be available to receive the payment. It also presumes receipt of any notice or rent, if the address provided by the owner does not allow for personal delivery, and the tenant mails the rent or notice to the owner to the name and address provided. The notice or rent is deemed received by the owner on the date posted, if the tenant shows proof of mailing to the name and address provided by the owner. As an alternative to the personal payment of rent, the owner may provide the number of an account in a financial institution into which the rental payment may be made, the name and street address of the institution provided the institution is located within five miles of the rental property, or, if an electronic funds transfer procedure was previously established, the payment can made pursuant to that procedure.
FAMILY LAW SECTION
by Ed Torrence, Judith Klein and Dana Wynn, Co-Chairs
The next meeting of the Family Law Section will be on Tuesday, March 12, 2002 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 speaker will be the Honorable Laura Halgren who will discuss her personal and legal background and reflect on her first impressions of Family Court. Questions from the Bar will be encouraged.
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.
ESTATE PLANNING, TRUST &
by Nancy Ewin, Joselina Medrano and Jerry Carmody, Co-Chairs
The next meeting of the Estate Planning, Trust and Probate Section of the Foothills Bar will be held on Thursday, March 14, 2002 from 12:00 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 topic is "Contested Guardianship Cases" and will be presented by Miranda Franks, Esq. Come to learn and ask questions.
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 questions, please call the co-chairs of the Estate Planning, Trust & Probate Section: Nancy Ewin [698-1788] or Joselina Medrano [562-9999].
John McCabe, Jr. President 858-550-3030
Garrison Klueck Vice-President 619-448-6500
Jerry Carmody Secretary 619-667-9600
Joseph Fox Treasurer 619-466-9091
Daniel Cohen 619-697-0333
Sheryl Graf 619-440-5716
Judy Klein 619-698-1882
Wells Lyman 619-589-9984
Jocelyn Medrano 619-562-9999
Angelo Parise 858-674-6660
Ed Torrence 619-698-6059
Dana Wynn 858-485-5518
Wells Lyman, San Diego County Bar 619-589-9984
Sheryl Graf, East County Lawyers Club 619-440-5716
Foothills Bar Association
P.O. Box 1077
El Cajon, CA 92022
Editor in Chief/Layout & Design . . . . . . .Catherine Tancredi
Business Card. . . . . $ 25.00/month; $125.00/six months;
$250.00/one year (includes publication in annual attorney directory)
Issue Sponsorship (one-half page). . . .$250.00/per issue
(Checks must accompany ad request before publication)
EAST COUNTY LAWYERING
AND OTHER SUBMISSIONS
Send submissions to Catherine Tancredi by mail to 275 E. Douglas Ave., Suite 115, El Cajon CA 92020, fax to 619- 579-2574 or email to email@example.com. If submission is lengthy, please send on a disk or by email in WordPerfect format.
Please send your change of address/telephone to Rita Drouin at 275 E. Douglas Ave., Suite 104, El Cajon, CA 92020-4545 (telephone 588-1936) or fax to Rita at 442-8060