FROM THE PRESIDENT

By Garrison "Bud" Klueck

I have known for quite some time what I expected to write about for April. As the President of the Foothills Bar, I and perhaps one or more of my fellow officers, were going to attend the California State Bar's mid-year convention in Long Beach. There we would study approaches to Bar leadership and approaches that have worked with other Bars throughout the state and country. The event was scheduled for the weekend of March 21 and 22, so the

timing was perfect to write my observations for the April newsletter column.

Then I got an urgent e-mail the weekend before the convention was scheduled informing me that the event was canceled. The staff of the State Bar had threatened to strike and the Bar did not want to put hundreds of convention delegates in the position of facing picket lines. So not having the Bar workshops on leadership to talk about, as I had planned, I instead will talk about real Presidential leadership and how it has affected my thinking about Bar leadership. I am talking about real Presidential leadership from the real President--of the United States.

George W. Bush has some definite ideas about leadership. One of the central ideas involves limiting in order to focus. This notion starts with the observation that there are always an unlimited number of potentially good things to accomplish or problems to solve. Trying to solve too many of them at once dissipates your energy and loses your focus. Better to select a few, specific goals or issues on which to concentrate. One cannot do everything. It is better to focus on three or four specific issues, focus strongly on making a difference regarding those issues, and devise ahead of time methods to measure your success or lack of success.

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

HOLIDAY NOTICE

The San Diego Superior Court, East County Division, will be closed on Monday, April 21, 2003 for Easter.

REVISED LAW REGARDING

A LANDLORD’S RIGHT

TO ENTER PREMISES

Effective January 1, 2003, Civil Code Section 1954 provides for new requirements pertaining to a landlord’s right to enter a residential unit. Civil Code Section 1954 now requires that a landlord provide his tenant written notification of his intent to enter the residential dwelling. The revised law requires the landlord to provide the tenant written notice at least twenty-four hours prior to entry. Prior to the codified revisions, Civil Code Section 1954 merely required that the landlord provide oral notice to the tenant twenty-four hours prior to entry.

Additionally, the landlord is now required to provide the notice to his tenant by personal delivery to the tenant or to an occupant at the residence of suitable age and discretion. Otherwise, the notice may be mailed to the tenant or left within the vicinity of the entry door in a manner which a reasonable person would be able to discover.

The revised law provides for exceptions to the mandated twenty-four hour notification. Such exceptions include cases of emergency and when the tenant has abandoned the premises.

Additionally, in the event that the landlord is attempting to enter the premises in order to show the unit to prospective purchasers of the property, the landlord need only provide twenty-four hour oral notice. This exception, however, is applicable only if the landlord had provided written notification within 120 days of the oral notice stating that the property is for sale and that the landlord or agent will provide the tenant twenty-four hour oral prior to showing the property to prospective purchasers.

The revised law does not detail specific remedies or statutory damages that the tenant may seek in the event that the landlord fails to abide by the written notification requirement.

VOLUNTEER FOR

LAW DAY

by Carolyn Dulude

The East County Branch of the San Diego County Law Library will be hosting an Open House and Free Legal Clinic to celebrate “Independent Courts Protect Our Liberties” Law Day 2003. It will be held on Thursday, May 1, 2003 from 11:00 a.m. to 3:00 p.m. The Foothill Bar Association has agreed to sponsor the Legal Clinic. Members should consider participating in this worthwhile event as practitioners in all legal areas are needed. You may sign up for times that meet your schedule.

Please contact Jerry L. Carmody, Esq. at (619) 667-9600, on or before April 23^rd, 2003. This is a great opportunity for local attorneys to participate in a worthwhile cause that benefits our own local community. If you have any questions, please call Carolyn Dulude, Branch Librarian at (619) 441-4451.

We look forward to seeing you at Law Day!

FROM THE

PRESIDENT

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President Bush applied his theories to his governing of the state of Texas. He pledged during the 2000 campaign to approach the Presidency in the same way.

Whereas his predecessor Bill Clinton was well known for trying to tackle many problems simultaneously, Bush has maintained his focus to a select few issues on which he has been trying to focus the attention of the entire government and nation.

I do not know if I would be more attracted to the Bush or Clinton approach if I were suddenly made President of the United States. I know that, as President of your Bar Association, I prudently do not have a choice. If I am wise, the Bush way is the only way that is practically available to a person in my position. United States Presidents have four or eight years to try and implement any policy changes they advocate. Bar President's have one year. The government has millions of employees. The Bar is all volunteers with one office staff worker who works part time. (Rita, God bless her never threatens to go on strike.) A person in the Presidency of the Foothills Bar had better be very realistic and very humble. That person does not have the luxury of even flirting with the Clinton approach of attacking a whole bunch of problems at once. The Foothills Bar President had better focus on two to four specific and limited items that he/she intends to lead the Bar to accomplish. And so I will.

 This year I plan to focus on the following four issues:

1) to re-launch our web site and to have thereafter a permanent place for the Foothills Bar in cyberspace;

 2) to lead a small delegation to the State Bar convention and try to heighten awareness of the Foothills Bar among County and State Bar activists;

3) to bring about a slight change in our name so that people routinely include reference to East County along with the "Foothills" name which we have "branded" over 40 years; and

4) to help to establish the seminar for the "hard-to-get" MCLE credits as a permanent part of our fall so that our members, and other lawyers throughout the area will come to expect and anticipate that the Foothills/East County Bar will be hosting and organizing such an event each year.

In coming months, I will be discussing each goal individually and in some detail. For now I just wanted you to know generally the limited number of issues on which I will attempt to focus the Bar's attention. Additionally, I wanted you to realize that, in focusing on a limited number of issues, I am borrowing from another President--the real President--Mr. Bush.

EAST COUNTY

LAWYERS CLUB

MCLE BROWN BAG

LUNCHEON

The East County Lawyers Club is hosting a Brown Bag MCLE Program on April 23, 2003, at 12:00 noon in Department 6 of the El Cajon Courthouse entitled "Bias in Alternative Dispute Resolution - Cross-Cultural Challenges." The speaker will be Paul Van Loon, District Vice President of the American Arbitration Association. Participation is free for Lawyers Club Members, and donations are requested from nonmembers for the Cuyamaca College Paralegal Program Scholarship funded by East County Lawyers Club.

QUOTABLE

QUOTES

by Rex Randall Erickson

"We encourage our colleague on the trial bench, regardless whether he thinks his views are currently out of fashion, to shoulder his responsibilities as a player on the field of the common law, and leave the determination of hits and errors to the official scorer. By issuing our writ of mandate here, we afford him a second chance to play ball." (Gardner v. Superior Court (1986) 182 Cal.App.3d 335, 340.)

"We, of course, must acknowledge that while the airwaves are full of ballads voiced in countless languages celebrating love, the flame can flicker, and then die out. Juliet admonished Romeo:

'O! Swear not by the moon, the unconstant moon,

'That monthly changes in her circled orb,

'Lest that thy love prove likewise variable.'"

(The complete works of William Shakespeare (Avenal Books 1975) Romeo and Juliet, p. 1021, col. 1.) (Ledger v. Tippitt (1985) 164 Cal.App.3d 625, 648).

The next meeting of the Civil Litigation Section will be held on Tuesday, April 22, 2003, from 12:15 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.

Join the Section for the "8th Annual ADR Update" with Carl F. Ingwalson, Jr., Esq., of Phillips, Haskett & Ingwalson, A.P.C.

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 Sam or Joseph.

The next meeting of the Estate Planning, Trust and Probate Section will be held on Thursday, April 10, 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, April 8, 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 speaker will be Dr. Sheldon Kramer and the topic will be "Systems Approach to Psychological Evaluations" and evaluating the family system.

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.

SECTIONS:

CIVIL LITIGATION

Joseph Fox 466-9091

Sam Parise (858) 674-6660

CRIMINAL LAW

Daniel Cohen 697-0333

Andrea Schneider 337-1384

ESTATE PLANNING

Scott Cole 460-2080

Nancy Ewin 698-1788

Joselina Medrano 562-9999

FAMILY LAW

Judith Klein 698-1882

Bud Klueck 448-6500

Edward Torrence 698-6059

COMMITTEES:

ANNUAL DINNER

Virginia Johnson 441-4801

Wells Lyman 589-9984

COMMUNITY SERVICE

Joselina Medrano 562-9999

COURT LIAISON

Bud Klueck 448-6500

GOLF TOURNAMENT

Dan Bacal 588-2064

LAW DAY

Jerry Carmody 667-9600

MCLE

Joselina Medrano 562-9999

MEMBERSHIP

Edward Torrence 698-6059

PUBLICATION

Catherine Tancredi 579-7876

SPECIAL EVENTS

Wells Lyman 589-9984

WEBSITE

SMALL CLAIMS COURT

Please be prepared to take the

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

April, 2003

1        AM     David Demergian

          PM     David Egan

2        AM     Joseph Fox

          PM     Miranda Franks

3        AM     Elliot Kanter

          PM     Larry Kincaid

4        AM     Leroy Knutson

          PM     Wells Lyman

8        AM     Garrison Klueck

          PM     Clare Maudsley

9        AM     Jon McKinley

          PM     Thomas Marshall

10      AM     James Mietzel

          PM     Ron Oberndorfer

11      AM     Blaine Phipps

          PM     Frank Puglia

15      AM     Charles Scott Jr.

          PM     Joseph Sciarretta

16      AM     Peter Singer

          PM     Conrad Walker

17      AM     Kenyon Young

          PM     Dan Bacal

18      AM     Tom Buchenau

          PM     Ed Castro

22      AM     Timothy Cohelan

          PM     Catherine Tancredi

23      AM     David Demergian

          PM     David Egan

24      AM     Joseph Fox

          PM     Miranda Franks

25      AM     Larry Kincaid

          PM     Leroy Knutson

29      AM     Elliot Kanter

          PM     Garrison Klueck

30      AM     Wells Lyman

          PM     Thomas Marshall

          FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

April, 2002

4-2-03           Marilyn Bierer

                     Mike Has-Ellison

                     Lisa Schwarte

4-9-03           Peter Aex

                     Gary Glauser

                     Larry Kincaid

4-16-03         Claire Lightner

                     Thomas Marshall

                     David Schulman

4-23-03         Brian Cochran

                     John McCabe

                     Gerald Mulder

4-30-03         Larry Kincaid

                     Garrison Klueck

                     Richard Peterson

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022