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

September, 2005


Family Law Section Meeting

Tuesday, September 20, 2004

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

Jury Lounge. Ground Floor

El Cajon Superior Court

Estate Planning Section

no meeting

Civil Litigation Section Meeting

Tuesday, September 27, 2004

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

BJ's Bar & Grill

Grossmont Center


Be Prepared . . . . . . . . . . . . . . 1, 2

From the Court. . . . . . . . . . . . . .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 Catherine Tancredi

In light of the recent events with Hurricane Katrina and my own computer crash, my new motto is to always be prepared! When my computer was updated two years ago, my computer guru simply put my old hard disk in my computer and set it as a "slave drive" (labeled "D" drive) to the new "C" disk. That way, I could install my programs on the "C" drive and have all my data saved to the "D" drive so in the event that the hard drive "C" crashed, all my data would be okay. Thankfully, I did that and when my computer malfunctioned due to a bad DVD drive (guess I shouldn't be watching Seinfeld when I should be drafting the newsletter . . . ), I was able to save my data even when I had to reload Windows.

With the hurricane and flooding of Katrina, even a million hard drives wouldn't save data. It is important to consider long term storage "off site." Some companies offer storage via networks for a monthly fee and backups are regularly done. As I haven't looked into it (my home and office computers have always been upstairs), it is something worth considering if flooding is likely to occur where your data is. Of course, if the power goes out, there will be no way to access your data but since no one else can work, it won't really matter. Paper documents such as billing and accounting records are still important in case of a power outage unless you have a laptop with good battery time left. Install good surge protectors installed on each computer and copiers and these machines will have a good chance of not being ruined when the power returns.

As I considered my own families' plans in the event of an act of God or terrorist hit, I looked at, the Red Cross webpage and the Homeland Security webpage for information. It was clear that all these organizations included being prepared at WORK. Do you have a plan at work? Do you know out of town emergency contacts for all employees in the event local lines are down? What about adequate food and water in                                                                                            con't on page 2



by Robert A. Durant

Assistant Executive Officer

Administrative Division

The Allowance of Statutory Damages for Injuries to Trees

The small claims court often entertains cases pertaining to encroachment disputes resulting in the cutting of trees and underwood. These disputes often culminate in unlawful retaliatory acts involving the disputed property.

Civil Code Section 3346 provides for statutory damages when such situations occur involving timber, trees or underwood. In fact, in any situation where there is an intentional injury to timber, trees or underwood, the injured property owner is entitled to three times the amount of the actual loss. Civil Code Section 3346, however, does allow for a reduction in the penalty amount under certain circumstances.

The code provides for such a reduction where the defendant who was responsible for the injury had probable cause to believe that that land in question was his own or that it belonged to individuals for whom he was rendering services. In such instances, the code quantifies the damage amount as twice the amount of the actual loss.

Additionally, monetary recovery is limited to the amount of the actual damage when the trespass was made for the purpose of public highway or bridge repair upon the land or upon adjoining land. The trespass must have been committed under the authority of highway officers.

Damages are also limited to the actual amount of loss incurred under Civil Code Section 3346 where the trespasser has acted upon a land boundary survey that erroneously assessed the boundary line. In this instance, the statute provides that the damage limitation is permitted only where the trespasser or his principal, lessor or immediate predecessor procured the making of the survey, and a licensed land surveyor completed the survey.


con't from page 1

case you are "sheltered in" (told to stay put until further notice). Is there a telephone and radio that is not powered by electricity? Do you have an evacuation plan ready to be put into action? What about emergency equipment such as face masks, flashlights with extra batteries and perhaps handheld radios/walkie talkies? Blankets and some emergency food may be handy as well if you are forced to "shelter in." You might want to include things that are fun and will pass time such as magazines or books, a deck of cards or a battery powered handheld gaming system.

What if you are not there when the inevitable occurs? As an employer, you are legally responsible for your staff, but this is more than a legal duty - these folks take care of us every day and we owe them our best when times are at their worst.

What about the entire office building you work in? Is there a policy in effect in the event of an emergency? If not, put one together making special note of persons who have medical training and can provide assistance as needed.

It is equally important to have your records kept in a safe place in the event of flood or fire. Place your insurance policies in a safe location in the event a claim has to be made. Do you have an inventory (written or video showing serial numbers if possible) of your office equipment, furniture and supplies? Keep tax records, bank records, credit card account numbers and other personal records and data in a safe place. In this day when technology makes things so simple, there may come a time when technology does not work and we will have to resort to the old style of doing things.

Please take a few moments to visit the webpages I mentioned earlier and downloading and printing the articles they include about types of events that could occur, basic things to have in your office and what to do. You may someday (sadly) be glad you did.



by Charles Schmidt

            Shelley Taylor Olander passed away on August 26, 2005 after a few months battle with brain cancer. You may recall Shelley’s lemon-aid ads in Dicta for years - the lemon on wheels. She practiced lemon law, consumer law, and real estate. She knew her cars and enjoyed her work. She was good at it. We shared office space for 17 years in La Mesa. I did personal injury and family law which made it a good mix of law that we covered. We use to eat lunch at Por Favor on a weekly basis to catch up on our business and personal lives. We shared our victories and ‘what was the judge thinking’ stories. We always kicked around ideas in our cases. We even did a trial together. I was impressed with Shelley’s knowledge, creative thinking, and professionalism. I hope I can emulate some of her traits.

            One secretary Ann was with us for 13 years then Gina for the next 4 years. We always had great comradery in the office, and probably more laughter than most law offices. We shared birthday lunches, Christmas dinners, gatherings at our homes with our staff and families, and golfing. Memories cut short at a young age 53.

            Shelley enjoyed helping clients in solving their problems. She represented them in a friendly way but fought for them like we were instructed in law school. She was the epitome of a zealous attorney. I learned a lot from her lawyering and her desire to reach fair and just results. She enjoyed the spotlight and arguing her case in court. She was a natural in front of the jury. She always felt her side was correct, and she was persuasive enough to prove it.

            Sometimes she would take cases because she had a good heart and wanted to help the person. Once she befriended a transgender then agreed to represent that person in a child custody battle. This was her only family law case ever. Shelley visited my office quite often during that case. Wow, that was interesting.

            Shelley was very personable. She had a variety of interests over the years. At one time she was the president of a smooth dancers club. The Monday after a weekend ballroom dancing contest, she brought her camcorder in the office to show the dances. She was proud of her moves. Later she picked up the game of golf and gave her all to becoming a better player. I think she just liked to be with people whether it be a golf foursome, a jury, or a ballroom of dancers.


            Her death came suddenly at age 53, and showed the devastating power of cancer, and how fragile life can be. It seems unfair that a brilliant mind and a good person is no longer with us. A part is missing in this office and in my life.

            Shelley’s wishes are for us all to celebrate her life, not mourn her passing. She was a lady full of compassion, so we honor her wishes and reflect on all of the good memories we all have of such a wonderful lady.



by Randall "Rex" Erickson

"When husband and wife reach or approach the age of three score years and ten, they ought to realize that a separation will come soon enough without any assistance from them. The appellant and appellee are still man and wife, and a genuine reconciliation, based on an honest determination to forgive and forget, would, perhaps, prove to be the best support for both of them in their old age. We cannot decree that they live together; but they can. (Emphasis in original.)" (McCaddin v. McCaddin (1911) 116 Md. 567, 575.)



Is your name on the new FBA membership list in this Newsletter? If not, there is still time to renew your 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 contact Rita at 588-1936 for an application or use the ones included in the last three newsletters.



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. Please use the flyer please contact Dan Bacal at 588-2064 if you have any questions.


The next meeting of the Civil Litigation Section will be on Tuesday, September 27, 2005 from 12:00 noon p.m to 1:15 p.m. at BJ's Bar & Grill at Grossmont Center in La Mesa.

The speaker will Cheryl Stengel, Esq. who will discuss an overview of selected topics in bankruptcy. Please see the enclosed flyer for further information. The cost of lunch (pizza and beverage) will be $15.00.

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 ere will be no September meeting of the Estate Planning Section. The next meeting will be held on Thursday, October 13, 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 this meeting.

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 scheduled for Tuesday, September 20, 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 lunch.

The topic will be “Protecting Your Client’s Real Estate Assets in Divorce." George Hetzel, Real Estate Broker with One Source Realty and Martin Lopez, Senior Loan Consultant with First Advantage Financial will collaborate on a presentation aimed at helping attorneys avoid the most common pitfalls in real property transactions associated with dissolution of marriage actions. Topics include: Equity Buy Out: Costs and Pitfalls; Creating Clarity: Dividing Real Property; Current Real Property Trends; Investment Properties: 1031 Exchanges in Divorce; Impact of Divorce on Credit; Quit Claim vs. Refinance Buyout; and, Understanding Appraisals

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 or Judi.



Please be prepared to take the

bench at 8:15 a.m.


September, 2005


1          James Mietzel

2          Catherine Tancredi

6          Clare Maudsley

7          Thomas Marshall

8          Garrison Klueck

9          James Mietzel

13        Anthony Chicotel

14        Ron Oberndorfer

15        Kristine Nesthus

16        Timothy Cohelan

20        Charles Scott

21        Thomas Castonguay

22        Kenyon Young

23        Catherine Tancredi

27        Dan Bacal

28        Tom Buchenau 

29        Thomas Castonguay

30        Ed Castro



Please arrive at Department 5

by 8:30 a.m.

September, 2005

Sorry, information was not available at press time




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.


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.




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