FROM THE PRESIDENT

By Jack McCabe

Although there may be no relief in sight for the late July and anticipated August heat, I thought I would share with you some information that an astute client recently provided to me as a means of relief from the seemingly endless flow of junk mail and email spam. The Direct Marketing Association provides a Preferences Services which will place you in a "delete" file which will then be sent out to subscribing organizations. The reduction in unwanted material should be evident within two to four months. The DMA website is http://www.dmaconsumers.org and enables you to remove yourself from junk mail and telemarketing lists for a fee. You can remove your name from email spam lists without charge at another DMA website http://www.e-mps.org .

There is good news and bad news. The good news is that Leah Boucek will join the Board of Directors in August. The bad news is that Dana Wynn is departing. It is good news for Dana that she and her family are relocating to Virginia where they plan to open a 50's style restaurant and enjoy a different style and pace of life. While Dana's tenure on the Board was short, she has been the moving force in getting our Association website up and running again. And, she has also put in motion and lined up our principal speakers for the FBA seminar in early November that will feature those hard-to-get MCLE courses in a Saturday morning seminar. We will miss you, Dana, and we wish you continued success on the other coast.

Hats off as well to Jocelyn Medrano for her efforts in organizing the Blood Drive for our association. The event will be staged in memory of our fallen colleague Robert Mehall and also in honor of Donald Zaitzow. An announcement of the date and location is in this Newsletter. Please do your best to participate.

In other areas---Wells Lyman is organizing another Padre's Night.

Seating will be limited, but the fun will be unlimited and Wells

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FROM THE COURT

by Sandra D. Down

Assistant Executive Officer

Administrative Division

MADD Victim Impact Panel Coming to East County Courthouse Mothers Against Drunk Drivers (MADD) will be holding Victim Impact Panel presentations in the Jury Lounge of the East County Courthouse beginning Thursday evening, September 19th. Presentations will be held on the 3rd Thursday of each month.

The purpose of the presentations will be to inform the audience of how a drunk driving accident has affected the speaker's life. DUI offenders themselves and relatives or friends of victims will be the speakers telling their story. Defendants referred directly from the Court or from the Court's Substance Abuse Assessment Unit (SAAU) will be expected to arrive no later than 4:45 p.m. in order to sign-in. The presentation/class discussions will begin at 5:00 p.m., and last approximately one hour. These will be open to anyone that cares to attend.

MADD representatives have entered into an agreement with local enforcement agencies in East County to provide security as needed during the presentations.

FROM THE SMALL

CLAIMS ADVISOR

by Donna Morel

SERVICE OF PROCESS

ISSUES AND SMALL

CLAIMS ACTIONS

Issues regarding appropriate service of process often pose problems for both litigants and pro tempore judges when assessing whether substituted service in a small claims action is proper. Code of Civil Procedure section 116.340 details the means by which a defendant may be served in a small claims action.

The code section includes the allowance of having the plaintiff served by substituted service as allowed in subdivision (a) or (b) in CCP Section 415.20. Additionally, CCP 116.340 specifically allows for the plaintiff to perform substituted service without first attempting to serve the defendant personally. Therefore, reasonable diligence, as mandated in CCP 415.20 (b) is not a prerequisite to performing substituted service in a small claims action.

CCP 415.20 allows for a plaintiff to use substituted service on the defendant at the defendant's "usual mailing address other than a United States Postal

Service post office box." In the event that substituted service is performed at the defendant's usual mailing address, it must be served in the presence of a person apparently in charge of the defendant's usual mailing address.

CCP 415.20, therefore, allows for substituted service at a private post office address that the defendant uses as a usual mailing address. CCP section 116.340 does not provide for service of process in a small claims action via publication, as allowed in CCP 415.50.

LAWYER'S CLUB

BROWN BAG LUNCH

MEETING

On Wednesday, August 28, 2002, at 12:00 noon, at the El Cajon Superior Court, Department 6, the East County Lawyer's Club will have a brown bag lunch meeting. The speaker will be Bryan D. Sampson who will speak regarding how to collect money on a money judgment. There is no fee for this brown bag meeting and one hour of MCLE credit will be given. For more information, please contact Ninah Hunter at (619) 697-0201.

FROM THE

PRESIDENT

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promises not only a good game, but also great gastronomic opportunities for members and guests and families. Look for information and a flyer in this Newsletter.

Garrison Klueck has a surprise speaker that will revitalize the old Lunch 'n' Learn program and we may combine it with a general membership meeting. It promises to be a very entertaining event.

In October, we are planning to host the membership and the court staff and personnel with an early evening wine and hors d' oeuvres reception at the Wieghorst Museum. Olaf Wieghorst is a world renown Western artist who lived and worked in El Cajon and whose paintings hang in prestigious presidential museums in the United States and throughout the world. The Wieghorst Foundation is dedicated to preserving and honoring his works. For those of you who traverse Rea Street en route to or from court, you have seen the old Wieghorst home in the vacant lot. It is being restored to its original condition and will ultimately be a showpiece. In the interim, the Museum is located next to the renovation project and will lend itself to a nice evening at very little cost to all who attend.

Finally, there will be a golf tournament. Dan Bacal is once again in charge. Look for information and a flyer in this Newsletter.

All members of the Board and I welcome your suggestions and inquiries. Enjoy the rest of your summer!!

FBA MEMBERSHIP

RENEWAL DUE

Please check the insert and see if your name is on the list of members of the FBA for 2002. If your name is not on the list, please take the time to complete the enclosed application and mail with your check today! Your low $45.00 annual dues provides many benefits including free monthly section MCLE seminars, Lunch & Learn luncheons and an annual directory. THIS THE LAST NOTICE YOU WILL RECEIVE TO RENEW. IF YOU DO NOT RENEW, YOU WILL BE DROPPED FROM THE MEMBERSHIP ROSTER.

QUOTABLE

QUOTES

by Rex Randall Erickson

"Appellant 'takes exception' to the language of this court ... to the effect that the value in terms of money which a witness might think the lands would have for some speculative use to which it was not put, and to which it might never be put, was not legitimate evidence. .. If the exception to the exclusion of this kind of evidence is well taken, then it would be quite permissible for the witnesses to say, 'if oil were discovered upon the land it would be worth twenty thousand dollars an acre,' 'if a gold mine were discovered upon it, it would be worth ten thousand dollars an acre,' 'if a man wanted to buy it and establish a town site it would be worth three thousand dollars an acre,' and so on, until such inquiry in a condemnation suit would bear a close affinity to Lord Dundreary's famous question, 'If you had a brother would he like cheese?'" (People ex rel. State Park Commission v. Johnson (1962) 203 Cal.App.2d 712, 717).

THE NBC 7/39

BLOODMOBILE VISITS

THE EAST COUNTY

COURTHOUSE

ON MONDAY,

AUGUST 12, 2002

SPONSORED BY THE

FOOTHILLS BAR

ASSOCIATION

The San Diego Blood Bank invites the public to give blood when the "NBC 7/39 Bloodmobile" stops in front of the East County Courthouse, 250 East Main Street, El Cajon, on Monday, August 12, 2002, from 11:00 a.m. to 4:00 p.m.

All participants at this drive will be awarded a San Diego Blood

Bank Cityscape T-shirt along with a Charger two-for-one ticket voucher for a preseason game. They will also receive a certificate for a free burrito or taco from Chipotle and a free car wash coupon courtesy of Genie Car Wash. Each donor will receive a medical history review and mini-physical which includes blood pressure, pulse, temperature and an iron level check.

The process of donating blood takes only about one hour. Anyone 17 and older who weighs at least 110 pounds and is in good health may be eligible to give blood. A good meal is recommended prior to donation.

Established through the support of the San Diego County Medical Society in 1950, the San Diego Blood Bank, a non-profit organization, is the primary blood provider for San Diego patients and is the largest blood collection agency in San Diego County. A member of America's Blood Centers, a national network of community-based blood banks, the San Diego Blood Bank serves patients in 50 hospitals throughout Southern California.

This blood drive is in memory of Robert J. Mehall, Esq. and to support Donald J. Zaitzow, Esq. Both of these attorneys belong to the Foothills Bar Association.

Please contact Joselina L. Medrano at (619) 562-9999 to schedule an appointment or for more information.

FBA GOLF

TOURNAMENT

Dan Bacal has coordinated another golf tournament aka, the "4-person scramble." The tournament is scheduled for Thursday, September 12, 2002 and begins at 1:00 p.m. at the Cottonwood Golf Course. Tickets are $70.00 per golfer and include green fees, cart, beer cart, hats and food. Of course, "fabulous prizes" will be awarded to the winners. Checks must be received no later than September 3, 2001. Please use the enclosed flyer to make your reservation. For more information, contact Dan Bacal at 588-2064.

FBA NIGHT AT

THE BALLPARK

The FBA has arranged for its members to enjoy a Padre game, buffet and drinks. Our Padres will play the Braves on Wednesday, August 21, 2002. Game time is at 7:35 p.m. Beginning at 7:05 p.m. and through the sixth inning, enjoy the buffet in the National League Club Lounge. Ticket prices for the game, buffet and spirits are $40.00 per person. Please use the enclosed flyer to make your reservation. For more information, contact Wells Lyman at 589-9984.

JOB OPPORTUNITIES

Jack McCabe receives notices from the Judicial Council of California, Administrative Office of the Courts for employment opportunities for attorneys. Although many are for appellate districts outside San Diego, if interested, check the website at www.courtinfo.ca.gov/jobs.

The next meeting of the Estate Planning, Trust and Probate Section of the Foothills Bar will be held on Thursday, August 8, 2002 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 topic is not yet determined but we will call those who regularly attend the section meetings. If you are interested in attending, please call Nancy's office for further information.

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, June 13, 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 is undetermined at this time. Look for further information at the courthouse.

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

Angelo “Sam” Parise (858) 674-6660

CRIMINAL LAW

Daniel Cohen 697-0333

Sheryl Graf 440-5716

ESTATE PLANNING

Scott Cole 460-2080

Nancy Ewin 698-1788

Joselina Medrano 562-9999

FAMILY LAW

Judi Klein 698-1882

“Bud” Klueck 448-6500

Edward Torrence 698-6059

COMMITTEES:

ANNUAL DINNER

Sheryl Graf 440-5716

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

NEWSLETTER

Catherine Tancredi 579-7876

PUBLICATIONS

Sheryl Graf 440-5716

SPECIAL EVENTS

Wells Lyman 589-9984

WEBSITE

Dana Wynn 485-5518

LAW OFFICE SPACE FOR RENT Close to courthouse in El Cajon. Contact Jim Miller at (619) 590-0383 for further details.

SMALL CLAIMS COURT

Please be prepared to take the

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

August, 2002

1        AM     Elliot Kanter

          PM     David Demergian

2        AM     Joseph Fox

          PM     Jon McKinley *

6        AM     Wells Lyman

          PM     Thomas Buchenau

7        AM     Timothy Cohelan

          PM     Edward Castro

8        AM     Garrison Klueck

          PM     David Egan

9        AM     Wells Lyman

          PM     James Mietzel

13      AM     Blaine Phipps

          PM     Clare Maudsley

14      AM     Frank Puglia

          PM     Leroy Knutson *

15      AM     Dan Bacal

          PM     Ron Oberndorfer

16      AM     Conrad Walker

          PM     Charles Scott Jr.

20      AM     David Demergian

          PM     Catherine Tancredi

21      AM     Peter Singer

          PM     Joseph Sciarretta

22      AM     David Egan

          PM     Thomas Buchenau

23      AM     Timothy Cohelan

          PM     Larry Kincaid *

27      AM     Kenyon Young

          PM     Edward Castro

28      AM     Joseph Fox

          PM     Larry Kincaid

29      AM     Elliott Kanter

          PM     Conrad Walker

30      AM     Wells Lyman

          PM     Thomas Marshall *

Updated list - * shows substitutions made

FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

August, 2002

8-7-02           Bruce Beals

                     Michael Love

                     Russell Robinson

8-14-02         Mike Has-Ellison

                     Win Heiskala

                     John Keeling

8-21-02         Chuck Fougeron

                     Larry Kincaid

                     Wells Lyman

8-28-02         Richard Feuerstein

                     Richard Freed

                     Garrison "Bud" Klueck

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022