FROM THE EDITOR

By Catherine Tancredi

Our esteemed president was in Berkeley at the time of this writing, helping his daughter get settled in at college. Due to his absence, I am taking his place with an article that will be more light hearted than usual.

I happened to catch Legally Blonde on HBO one afternoon a few months ago when the kids were watching it. I had originally thought that it was just another “dumb blonde” movie but when I learned that the lead character, Elle, was going to go to Harvard Law School to chase after the fiancé who dumped her, I sat down and kept watching. What I saw was a very funny movie about a smart but ditzy woman with a degree in Fashion Merchandising get accepted into Harvard Law School and excel there to the delight of some and the devastation of others. Since I have kids, I usually don’t get to see movies until they are on HBO or on DVD (in part since I can never seem to leave the house and all of my children’s necessities won’t fit in a standard theatre seat) so I have not seen the sequel, Legally Blonde 2, Red White & Blonde but, like all sequels, I have heard that it is not quite as good but it is still worth watching.

I stayed in San Diego to go to law school, never even assuming that I could get into Harvard (plus, how could I handle the snow after living here all of my life!) Even though I was never going to go to Harvard, I have enjoyed movies and books about Harvard. The quintessential movie, I believe, is “The Paper Chase” which is about a man, John Hart’s first years at Harvard and the obsession he feels about Professor Kingsfield, a very strict professor. Things get complicated when Hart starts an affair with Susan, who turns out to be Kingsfield’s daughter. The interesting part (at least to me) was Hart’s determination to succeed in the class and how he did so. It is an inspiring movie for those heading to law school and unsure as to whether they will make it. For

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

SMALL CLAIMS

COURT APPEARANCES

The small claims advisory occasionally receives inquiries regarding the representation of small claims litigants by third parties. Generally, a small claims litigant must prosecute and defend his own case. CCP Section 116.540, however, provides for specific exceptions that permit an individual to appear in court on behalf of the small claims litigant. Third party appearances for spouses, plaintiffs on active military duty and incarcerated individuals often take place in small claims court.

One exception frequently used in the small claims court involves the representation of a married individual by the married person's spouse. The exception arises only when both husband and wife have filed a joint small claims action or are being sued. The represented spouse must provide consent for the representation.

A plaintiff serving in active duty in the Armed Forces may also have a representative appear on his behalf at the small claims hearing. In order to have such representation, however, the plaintiff must have been assigned to his military duty after the claim arose and the assignment must be for a period of more than six months.

Additionally, the plaintiff's representative must not be providing the representation for compensation and must not have appeared as a representative in small claims court actions more than four times within the calendar year. Such prohibitions are enacted to ensure that representation by another individual does not become professional in nature.

An incarcerated individual may also receive representation based upon the exceptions defined in CCP 116.540. Similar to the allowance of representation for a plaintiff in the military, an incarcerated plaintiff or defendant may have an individual appear on his behalf so long as the representative is not receiving monetary compensation and has not appeared in small claims court more than four times within the calendar year.

Additionally, in regard to both plaintiffs on active military duty and plaintiffs or defendants incarcerated at the time of the small claims hearing, CCP Section 116.540 provides the option of waiving personal appearance. In lieu of personal representation, the litigant may submit to the court written declarations to serve as evidence regarding his specific claim.

QUOTABLE

QUOTES

by Rex Randall Erickson

Defendants' argument brings to mind the old riddle: If you call a tail a leg, how many legs does a dog have? The answer is four; calling a tail a leg does not make it one. Or, that which we call a rose by any other name would smell as sweet. (Jordan v. Dept. Of Motor Vehicles (1999) 75 Cal. App. 4th 449, 465, fn. 6.)

Confronting here a scene of undeniable horror, it brings to mind the cogent observation of Mark Twain that "[man] is the only creature that inflicts pain for sport, knowing it to be pain." (2 Twain [Samuel Langhorne Clemens], Autobiography (1924) p. 7.)" (People v. Baniqued (2000) 85 Cal. App. 4th 13, 15.)

FROM THE

EDITOR

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those of us out of law school, it is a cool reminder of where we have been.

For those who want more comedy, there is “Soul Man,” a movie from the ‘80's that is really hilarious. C. Thomas Howell plays Mark Watson, a graduating senior whose rich parents decide that he can pay for law school on his own (some gift!). After he tries to get financial aid and a loan, he figures all is lost. The only scholarship still available is one for a black student. At a frat party, he hooks up with a friend whose science project was creating tanning pills, so, Watson takes enough to turn very dark, wins the scholarship and goes to Harvard. The tough Professor Banks is played by James Earl Jones and what happens to Watson throughout the movie is quite funny and illuminating as prejudices and stereotypes are explored.

A search on the Internet Movie Data Base (www.imdb.com) yielded few results for Harvard Law School. The movie Skulls (2000) was listed and was the movie about the secret society of persons at Harvard, made after it was reported that such a secret organization existed and very prominent businessmen and politicians were part of it.

One books that dealt specifically with the first year of Harvard Law School was “One L,” by Scott Turow. If you can find a paperback edition of this book, consider yourself lucky. This is Scott Turow’s first book about his trials and tribulations at Harvard in the 70's. It is a serious and thoughtful look into the emotions that he goes through during that first year (depression, confusion, elation, etc).

Take some time off this summer to watch a funny movie about law school. In the future, I’ll have a column about some of the most popular and controversial movies about our profession.

FBA MEMBERSHIP

RENEWAL DUE

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 complete the application included in this newsletter and mail with your check today!

                     FBA GOLF

TOURNAMENT

Dan Bacal has coordinated another golf tournament aka, the "4-person scramble." The tournament is scheduled for Thursday, September 11, 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 4, 2001. Please use the enclosed flyer to make your reservation. For more information, contact Dan Bacal at 588-2064.

EAST COUNTY

LAWYERS CLUB

MCLE BROWN BAG

LUNCHEON

The East County Lawyers Club is hosting a Brown Bag MCLE Program on August 27, 2003 from 12:00 noon to 1:00 p.m. in Department 6 of the El Cajon Courthouse entitled "Privacy, Identity Theft and the Law - Things You Need to Know." The speaker will be Darity Wesley, CEO and Legal Counsel for Privacy Solutions, Inc. Participation is free for Lawyers Club Members. Please contact Judy Marolt at 619-442-1857 for more information

The next meeting of the Criminal Law Section will be on Thursday, August 21, 2003, from 12:00 p.m. to 1:00 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 Bill Burnell, Esq. who will speak about his recent Hate Crimes case. The title of the speech is “A Case of Two Juries.”

FYI, the September meeting will be held on September 18, 2003 from 12:00 p.m. to 1:00 p.m. in Department 6 and Judge Whitney of Department 3 will be the speaker.

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 Dan or Andrea.

The next meeting of the Family Law Section will be on Tuesday, August 12, 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 TBA. Information about the meeting will be posted in all Family Law Departments at the El Cajon Superior Court.

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.

August, 2003

1        AM     James Mietzel

          PM     Ron Oberndorfer

5        AM     Blaine Phipps

          PM     Frank Puglia

6        AM     Charles Scott, Jr.

          PM     Joseph Sciarretta

7        AM     Peter Singer

          PM     Conrad Walker

8        AM     Dan Bacal

           PM     Kenyon Young

12      AM     Tom Buchenau

          PM     Catherine Tancredi

13      AM     Tom Castonguay

          PM     Ed Castro

14      AM     Timothy Cohelan

           PM     David Demergian

15      AM     David Egan

          PM     Miranda Franks

19      AM     Joseph Fox

          PM     Larry Kincaid

20      AM     Elliott Kanter

          PM     Garrison Klueck

21      AM     Leroy Knutson

          PM     Wells Lyman

22      AM     Jon McKinley

          PM     Thomas Marshall

26      AM     Clare Maudsley

          PM     James Mietzel

27      AM     Ron Oberndorfer

          PM     Blaine Phipps

28      AM     Frank Puglia

          PM     Joseph Sciarretta

29      AM     Charles Scott, Jr.

          PM     Conrad Walker

          FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

August, 2002

8-6-03           Richard Feuerstein

                     Stephen Murphy

                     Lori Viviano

8-13--03        Cheryl Daily

                     Michael Has-Ellison

                     John Tannenberg

8-20-03         Gary Glauser

                     Michael Love

                     Richard Peterson

8-27-03         Peter Aex

                     Charles Fougeron

                     Wells Lyman

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022