FROM THE PRESIDENT

By Jerry Carmody

Dear Members:

The Foothills Bar Association sends it heartfelt sympathies to the family and friends of Stafford W. Prante, Esq., who passed away on February 16, 2004. Mr. Prante specialized in the area of legal and medical malpractice and insurance law and was a longtime member of the Foothills Bar Association. The east county legal community will miss Stafford W. Prante, Esq.

The Foothills Bar Association in conjunction with the East County Law Library will host a free legal clinic on Friday May 7, 2004, from 10:00 a.m. to 2:00 p.m., at the East County Law Library located at 250 East Main Street, El Cajon, California. Law Week is celebrated nationally during the first week in May and was established by a joint resolution of Congress in 1961. Law Week is special this year because it marks the 50^th anniversary of the U.S. Supreme Courts landmark decision in Brown v. Board of Education of Topeka, Kansas. This year, the East County Law Library will have several contests with themes related to the Brown decision and great prizes. Law Day is a wonderful opportunity for attorneys to help the public by offering free legal assistance, to get to know the library staff, and to socialize with the members of the FBA.

The FBA staffs the free legal clinic with volunteer lawyers who practice in the areas of real estate, estate planning, criminal, and family law. If any of you are interested in participating in the legal clinic by volunteering an hour of your time on May 7, 2004, please contact Jerry L. Carmody at (619) 667-9600 or Carolyn Dulude at (619) 441-4451. Law Day is always a great time for the legal community to give back to the public and I look forward to seeing you there.

The San Diego County Bar Association is also sponsoring many events during Law Week that include contests, seminars, and a ball game at Petco Park on April 30, 2004, when the Padres play the Mets. Tickets

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FROM THE

EDITOR

by Catherine Tancredi

Do you ebay?" was a catchy phrase used to determine whether you bought items from the auction website. It takes a certain amount of skill to do well at the auctions. I have been an "ebayer" since January of 2000 and have recently been into looking for purchasing items related to the law.

I paid $16.50 for a first edition copy of "Helter Skelter" by Vincent Bugliosi. I have found "The Paper Chase" on DVD for as little as $10.00. I found a first edition of "One L" by Scott Turow (written way before he was famous) that was purchased by someone for $65.00. If you want to read F. Lee Bailey's early life legal histories, "For the Defense" or "The Defense Never Rests", you can find them in hardcover (not first editions) or paperback for a few bucks. Melvin Belli's book "My Life on Trial" last auctioned for $8.00 and you can get a signed copy for $10.00. I have read all of the above books and they are a great read.

If you want first editions and are unsure about the item, email the seller first. Be careful of "Book Club Editions" or BCE which are smaller in size and may not be as valuable later on. Be careful about shipping charges and read the sellers feedback! Happy auctioning!

FROM THE

COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

IMPOSITION OF

INCREASED PENALTIES

AGAINST LANDLORDS

UNDER CIVIL CODE

SECTION 1942.4

As of January 2004, Civil Code Section 1942.4 provides for increased penalties against landlords who demand or collect rent, initiate rent increases or provide three-day notices to pay or quit when the residential rental where a tenant or lessee resides had been declared uninhabitable per Civil Code Section 1941.1 or substandard in accordance with the Health & Safety Code. Civil Code Section 1942.4 imputes liability upon the landlord for actual damages sustained by the tenant or lessee and special damages not less that $100 and not more than $5,000. The Code provision formerly provided for a maximum of $1,000 in special damages under such circumstances.

The tenant or lessee, however, may only seek such penalties in a civil or small claims action under specific circumstances. The uninhabitable or substandard conditions must remain unabated without proper justification for 60 days following receipt of the notice of deficiency. The law also reduces from 60 days to 35 days after receiving formal notification of the deficiency the time provided to the landlord to remedy the deficiencies.

Additionally, under the amended provision, liability will attach only if the uninhabitable or substandard condition existed prior to the landlord’s issuance of a rent increase notice or three-day notice to pay delinquent rents.

FROM THE

PRESIDENT

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are $65.00 which include tickets, beverages and food. You should contact the SDCBA at (619) 231-0781 to get further information about the game and other activities sponsored by the SDCBA during Law Week.

The Annual Meeting of the State Bar of California will be held in Monterey, California from October 7–10, 2004. At the luncheon on October 9, 2004, the speakers will include Linda and Terry Brown, the original plaintiffs in the Brown case and immediately following the luncheon, the State Bar’s Access & Fairness Diversity Program will hold a reception that will continue the Brown v. Board theme. The annual meeting is always a great opportunity to socialize with other attorneys and Monterey is always a great place to visit. I hope to see you at the Annual Meeting.

Regards,

Jerry L. Carmody, President

QUOTABLE QUOTES

by Randall "Rex" Erickson

"[F]ine gradations can lead to wildly divergent results ..." (Maglica v. Maglica (1998) 66 Cal. App. 4th 442, 453.)

"Honest men perform their contracts without being compelled to do so." (Darling Shops Delaware Corp. v. Baltimore Center Corp. (1948) 191 Md. 289, 300 (Markell dissent)

The subject of larceny therefore is the best illustration of the old saying that hard cases make bad law.'" (People v. Dillon (1983) 34 Cal. 3d 441, 458; see also Dewey v. Latson (1856) 6 Cal. 130 ("hard cases are the quicksands of the law").)

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 “To Win Equality by Law: Brown v. Board at 50” Law Day 2004. It will be held on Monday, May 3, 2003 from 10 a.m. to 1 p.m. The Foothills 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 26^th , 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!

STATE BAR OF

CALIFORNIA

PUBLIC COMMENT

PLEASE NOTE: Publication for public comment is not, and shall not, be construed as a recommendation or approval by the Board of Governors of the State Bar of California of the materials published.

SUBJECT: Proposed New Rule 3-100 (Confidential Information of a Client) of the Rules of Professional Conduct of the State Bar of California

BACKGROUND: The Rules of Professional Conduct of the State Bar of California are attorney conduct rules the violation of which will subject an attorney to discipline.

Pursuant to statute, rule amendment proposals may be formulated by the State Bar for approval by the Supreme Court of California.

PROPOSAL: Proposed new rule 3-100 has been developed in response to Assembly Bill 1101 ("AB 1101"). AB 1101 addresses the statutory duty of attorney-client confidentiality.

Under this duty, an attorney is required to keep secret all confidential client information. Operative July 1, 2004, AB 1101 amends the statutory duty to include an express exception that permits, but does not require, an attorney's disclosure of certain confidential information.

As amended, the statutory duty of confidentiality permits disclosure of information "to the extent that the attorney reasonably believes the disclosure is necessary to prevent a criminal act that the attorney reasonably believes is likely to result in the death of, or substantial bodily harm to, an individual."

In developing this exception to attorney-client confidentiality, the Legislature determined that there are issues raised in the implementation of the exception that should be addressed by an amendment to the Rules of Professional Conduct.

AB 1101 identified the following issues: (1) whether an attorney must inform a client about the attorney's ability to disclose confidential information; (2) whether an attorney must attempt to dissuade a client from committing the criminal act; and (3) whether conflicts of interest arise once an attorney determines to disclose confidential information.

Proposed new rule 3-100 is intended to address these issues by establishing standards for an attorney's exercise of the new exception in a professionally responsible manner.

At its March 19, 2004 meeting, the State Bar's Board Committee on Regulation, Admissions and Discipline Oversight authorized a 60-day public comment distribution of proposed new rule 3-100.

Questions about this proposal may be directed to Randall Difuntorum at (415) 538-2161.

FISCAL/PERSONNEL IMPACT: There is no unbudgeted fiscal impact or personnel consequence to circulating proposed new rule 3-100 for a 60-day public comment period.

SOURCE: Board Committee on Regulation, Admissions & Discipline Oversight

COMMENT DEADLINE: May 17, 2004

DIRECT COMMENTS TO:

Audrey Hollins
Office of Professional Competence, Planning & Development

The State Bar of California
180 Howard St.

San Francisco, CA 95105-1639
415-538-2167
415-538-2171 Fax

The next meeting of the Estate Planning, Trust and Probate Section (co-sponsored with the Criminal Law Section) will be on Thursday, April 15, 2004, from 12:15 p.m to 1:00 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.

This will be a roundtable discussion regarding forms and checklists that are typically used in practice.

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.

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.

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 13, 2004, from 11:50 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.

The speaker will be Celia Ballesteros, Esq. The topic will be "What California Lawyers Need to Know About Mexican Law."

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.

SMALL CLAIMS COURT

Please be prepared to take the

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

April, 2004

1          AM     Timothy Cohelan

            PM      Miranda Franks

2          AM     Leroy Knutson

            PM      Larry Kincaid

6          AM     Elliott Kanter

            PM      Garrison Klueck

7          AM     Wells Lyman

            PM      Thomas Marshall

8          AM     Clare Maudsley

            PM      Jon F. McKinley

9          AM     Ron Oberndorfer

            PM      James Mietzel

13        AM     Frank Puglia, Jr.

            PM      Blaine Phipps

14        AM     Charles Scott

            PM      Peter Singer

15        AM     Conrad Walker

            PM      Dan Bacal

16        AM     Thomas Buchenau

            PM      Tom Castonguay

20        AM     Kenyon Young

            PM      Catherine Tancredi

21        AM     Timothy Cohelan

            PM      Joseph Sciarretta

22        AM     Dave Demergian

            PM      Ed Castro

23        AM     David Egan

            PM      Miranda Franks

27        AM     Joseph Fox

            PM      Larry Kincaid

28        AM     Elliott Kanter

            PM      Wells Lyman

29        AM     Garrison Klueck

            PM      Clare Maudsley

30        AM     Leroy Knutson

            PM      Thomas Marshall

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

April, 2004

4-7-04             Gary Glauser

                        S. Michael Love

                        Frank Nageotte

4-14-04           William Daley

                        Larry Kincaid

                        Peggy Moore

4-21-04           Marilyn Bierer

                        Robert Bowers

                        Gerald Mulder

4-28-04           Stanley Bacinett

                        Charles Fougeron

                        Wells Lyman

2004 SECTIONS:

CIVIL LITIGATION

Jerry L. Carmody 667-9600

Sam Parise (858) 674-6660

Mark R. Raftery 589-8800

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

2004 COMMITTEES:

ANNUAL DINNER

Joseph Fox (858) 527-0111

Mark R. Raftery 589-8800

COMMUNITY SERVICE

Joselina Medrano 562-9999

COURT LIAISON

Jerry L. Carmody 667-9600

GOLF TOURNAMENT

Dan Bacal 588-2064

HARD-TO-GET CREDITS

SEMINAR

Judith Klein 698-1882

Bud Klueck 448-6500

Judy Marolt 442-1857

LAW DAY

Jerry L. Carmody 667-9600

MCLE

Daniel Cohen 697-0333

Joselina Medrano 562-9999

MEMBERSHIP

Edward R. Torrence 698-6059

PUBLICATION

Catherine Tancredi 579-7876

SPECIAL EVENTS

Judith Klein 698-1882

Jerry L. Carmody 667-9600

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022