FROM THE

PRESIDENT

By Garrison "Bud" Klueck

My concerns, in this President's Page, are very connected to time.

The first concern is the time of the year. In that we are publishing a combination December/January newsletter, this President's Page will be my last or next-to-last one. (I probably will write the February Page as the new President is not likely to take office (on January 30) prior to the February newsletter publishing deadline.)

I am also writing this on the eve of the Thanksgiving holiday The time of year is reminding just how thankful I am. It is also                              con't on page 4

FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

HOLIDAY SCHEDULE

The East County Division of the San Diego Superior Court, including the Ramona branch, will be closed on the following holidays: Thursday, December 25, 2003 for Christmas Day, Thursday, January 1, 2004 for New Year's Day and Monday, January 19, 2004 for Martin Luther King, Jr. Day.

REMINDER FROM

THE COURT

Please be reminded that the court requests that no gifts be given any court personnel as it violates the Court Code of Ethics. Your cheerful attitude at the counter and cooperation in the courtroom is greatly appreciated and all the thanks that they need.

CHOICE OF FORUM

CLAUSES AND SMALL

CLAIMS ACTIONS

In the past, California small claims litigants seeking contractual remedies against out-of-state businesses have had their court actions dismissed due to choice of forum clause provisions. Code of Civil Procedure (CCP) Section 116.225 voided forum clauses involving contracts within the jurisdiction of the small claims court entered into or renewed as of January 1, 2003. The statute declares that such provisions are contrary to public policy.

The judicial history of CCP Section 116.225 reflects a concern for California consumers having made contractual agreements containing hidden or misunderstood provisions requiring out-of-state litigation of all disputes arising from the contract, including claims within the jurisdiction of the small claims court. The legislative history points out that such agreements may compel the unsuspecting consumer to make cross-country court appearances, thereby incurring expenses that often exceed the disputed contractual amount in question.

The enactment of the legislation gained the support of California Attorney General Bill Lockyer. The Attorney General asserted that the inclusion of out-of-state forum clauses in consumer contracts that were otherwise governed by the small claims court created a “virtual immunity” for merchants and creditors. Due to the cost prohibitive nature in traveling long distances to dispute minor monetary claims, Lockyer argued that consumers were essentially being deprived of their opportunity to litigate small disputes.

JUDGES’ CORNER

Judge Christine Goldsmith is assigned to Department 17 and Judge Jan Goldsmith is assigned to Department 8. Both Judges will be handling criminal calendars.

Judge Eddie Sturgeon in Department 14, will now be handling the Independent Civil Calendar.

Judge William J. Howatt is transferring to the Central Division as the new Presiding Judge over Family Court. He is a distinguished member of our bench and will be missed. He will be joined by his clerk Dee Jay Munshower, Research Attorney Virginia Johnson, Court Reporter Joann Salaz and Independent Calendar Clerk Kathy Rominger.

The East County Division of the                             con't on page 3

FROM THE COURT

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San Diego Superior Court is pleased to welcome Judge Timothy W. Tower. Judge Tower is transferring from the Central Division and will be assigned to Department 21 where he will be handling criminal calendars.

Judge Tower was appointed to the bench in 1989. His vast experience on the bench includes assignments in Family

Law Court, Domestic Violence Restraining Orders, Civil Law and Motion, Civil Trials, Criminal Trials, Drug Court and Welfare Fraud.

Prior to becoming a Judge, he was senior counsel for the San Diego Gas and Electric Co., was in private practice in San Diego from 1971–1979 and also practiced in Oakland and in San Francisco.

He received his J.D. in 1970 from the University of California, Boalt Hall School of Law, Berkeley, California and admitted to the bar in January 1971. He was also admitted to the U.S. District Court, Southern, Central and Northern Districts of California and the U.S. Supreme Court.

Judge Tower is a member of the California Judges Association and was on the Board of Directors from 1992-1998. He was a member of the Boy Scouts of America from 1977–1999; a former member of the American Bar Association 1971-1989; the San Diego County Bar Association 1971-1989; the Harbor Lions Club 1976-1977; and the San Diego Junior Chamber of Commerce, 1974-1976.

Judge Tower is married, has four children and five grandchildren. He enjoys coaching youth sports such as soccer and basketball. His hobbies include playing basketball, surfing, swimming, fishing and reading.

20TH ANNUAL

JUDGE'S RECEPTION

The 20th Annual East County Lawyer's Club Judge's Reception will be held on Wednesday, December 3, 2003 from 5:15 p.m. to 7:15 p.m. at the El Cajon Community Center located at 195 East Douglas Avenue in El Cajon. This popular event, which features holiday music, hor d'oeuvres and champagne, provides a unique opportunity to meet with judges and colleagues in a pleasant, informal setting. All members of the bench and bar are invited to attend.

FOOTHILLS

BAR ASSOCIATION

ANNUAL DINNER

The 40th FBA Annual Dinner and Installation of the 2004 Officers and Board of Directors will be held on Friday, January 30, 2004 at the Singing Hills Country Club. We are celebrating 40 years of service to the bar, the bench and the community.

From 6:00 p.m. to 7:30 p.m., there will be a no-host bar for cocktails. Dinner choices are either chicken or prime rib and it will be served at 7:30 p.m. and the speaker is still being determined at press time. Coat & tie/cocktail attire.

Enclosed please find a flyer with further information and registration information. You will also be receiving an invitation. Please register early and it would also be helpful if you mail it with your check directly to Jerry Carmody's office.

FROM THE

PRESIDENT

con't from page 1

the first President's Page written since the fires. Those are my subjects--time, the fires and thankfulness.

The experience of the fires, I am sure, affected us all greatly. It affected me in a very particularly way, however, as my wife and I were out of the country. We were in Cuba, which is anything but the easiest place to get information about Southern California. Thank goodness for the internet and CNN, although CNN tended to be somewhat alarmist. During a report on Monday, the reporter began his report by exclaiming, "all of Southern California is on fire!" Not very comforting when you live in Southern California, all your real estate investments, including your own home, is there, your family is there including your elderly parents who do not deal well with any disruptions of their routines, let alone dangerous and destructive emergencies.

Due to the long-standing commercial embargo, Cuba is a very friendly place, as to its people, but not at all "user friendly" in relation to an American being able to function and carry on commerce. I happen to go to China last year. Even though the two countries are both obstensively communist, the contrast, between the two could not be more extreme. China is mega-booming. Cuba is shared poverty. A US traveler can pick up a telephone in his hotel room in Shanghai and, by dialing a few extra digits on the phone, easily make a phone call to San Diego that sounds like you are calling from La Mesa to El Cajon. In Cuba, the traveler cannot call the US from her hotel. You have to buy a per use calling card, find a pay phone and $10 US will get you 4 minutes to call on a scratchy line out. Plus, if you run out of cash, you are out of luck big time. Last year, by contrast I successfully used my Washington Mutual debit card at an ATM at the Great Wall of China to withdraw funds from my Santee account. Cuba has no relations with any US banks so you cannot run out of money, "cause you can't get no more."

While the fires were burning, and your President was out of the country, Vice President Jerry Carmody covered wonderfully. Jerry coordinated East County lawyers volunteer response to the emergency. Legal help centers were set up throughout the County and the Foothills Bar was very involved. I understand that the Alpine center was manned much of the time by former President Clayton Anderson ('93) and other attorneys from Anderson & Kriger. Bar Secretary Joe Fox was one of the lawyers, from Anderson & Kriger, to contribute. Former Presidents Bill Fischbeck ('87) and Tom Buchenau ('99) also helped with both the coordination and with the actual legal work.

I traveled home on Halloween, October 31, and was faced with working on your Bar's biggest MCLE seminar the next day. Our "Hard-to-Get" MCLE seminar was scheduled for the morning of November 1. We were faced with putting on our biggest seminar, and our biggest annual fundraiser, on the Saturday morning after a week where the courts were closed for three out of five days due to natural disaster. Somehow it all worked beautifully. Chair and Boardmember Judy Marolt was largely responsible for pulling off the minor miracle. Officer and Boardmembers Joe Fox, Jerry Carmody, Nancy Ewin and Ed Torrence were all there and helped out greatly. Former President Wells Lyman ('01) started out the event as Master of Ceremonies but had to leave himself to attend to his own fire emergency. We made our way through the event and the consensus was that the material was engaging and that participants were pleased to be able to get their ethics, avoidance of substance abuse

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FROM THE

PRESIDENT

con't from page 4

and avoidance of bias credits through "one stop shopping."

Lastly, I am thankful for our family law judicial officers, for many reasons, but most particularly this time of year because they bring holiday treats for the December brown bag seminar. This year the MCLE event is on December 9 at noon in Department 6 when Ed Torrence will bring a panel of JAG officers to discuss interacting with military legal.

I am thankful for the members and directors who helped with the fire emergency. I am thankful for those who helped pull off the seminar. I am thankful for judicially-created holiday treats. I am so grateful for all the help of the Directors and membership throughout the year as this has been a most successful year by any measure. Have a great Holiday Season and please come to our Installation Dinner when I will myself become a Past President. Happy Holidays!!

QUOTABLE QUOTES

by Rex Randall Erickson

As the clock ticked, the statute of limitations floated ominously near, camouflaged by the sham answer of Sanitary District. This allowed Water District to sleep through the proceedings. Such an opportunity to beguile one's opponent usually occurs in dreams. Dreams, however, even when they come true, last only last "Till human voices wake us, and we drown." [T.S. Eliot, "The Love Song of J. Alfred Prufrock."]. (Kleinecke v. Montecito Water Dist. (1983) 147 Cal. App. 3d 240, 248, fn. 2.)

It is regrettable that in the affairs of men good ends are sometimes sought by unwise means. (Housing Auth. of the City of Los Angeles v. City of Los Angeles (1953) 40 Cal.2d 682, 708 (dissent).)

UPDATE YOUR

INFORMATION FOR

THE 2004 DIRECTORY

To ensure that we have your correct address and telephone number for the 2004 FBA Attorney Directory, please call Rita at 588-1936 with any updates.

END OF YEAR

CHECKLIST

By Catherine Tancredi

The end of 2003 is fast approaching and schedules are filling up with extras like office parties and receptions. The purpose of this article is to discuss some items that should be routinely done at the end of each year as part of successful law office management.

1. Clients: review your open client list and close out dead files. Send a closing letter to each client and file a Notice of Withdrawal of Attorney if necessary. Review your current filing system and make sure that files are organized in a manner that makes items easy to locate and retrieve. Now is a good time clean out the files by recycling duplicate pleadings. Take old closed files out of the office file cabinets and store then in less expensive storage boxes and facilities. Once this is done, there will be plenty of room for files for the new clients the new year will bring.

2. Forms: review and modify as needed or create new form files. Review and modify as needed or create resource files of professionals, experts and legal information.

3. Billing: catch up on the billing and decide on whether to raise fees. Review Retainer Agreements as necessary. Review billing files and close out all those who have paid in full. Move these old closed files out of office file cabinets as well. Review all accounts receivable to determine which to send to collection or arbitration.

4. Bookkeeping: close out the year and review all bookkeeping information such as accounts receivable and accounts payable. Ensure that the Client Trust Account is audited and reconciled.

5. Tax Deductions: take advantage of last minute tax deductions by buying new office equipment (see computers, below), furniture, supplies or letterhead. Ensure that all law associations have been renewed. Donate old items to charity for a write-off.

6. Computer: analyze all programs and ensure that they are up to date. Analyze all hardware and ensure that it is up to speed to handle the programs and that the current systems configuration will deliver the most capacity affordable. Network if possible. Become connected to the internet at the office.

7. Staffing: create or revise personnel manuals. Create a 2004 Holiday office schedule. Consider giving a nice bonus to those who help us throughout the year.

8. Volunteer Work: review all involvement with volunteer work either as volunteer counsel or as a member of a Board of Directors.

9. Books and Magazines: clean out bookcases and recycle or store old books and magazines.

9. Vacations: the holidays are the perfect excuse to take a much needed rest. Schedule adequate time to not only close out the year but to rest and relax before the new millennium. Make sure a back up person is available and clients are notified in writing of the vacation schedule (with the December, 2003 billing statement perhaps). Vow to spend more time next year having fun. Schedule one or two long vacations next year. Also either take frequent short vacations throughout the year or small four day weekends every other month.

A well organized and efficient office can essentially run itself. This decreases our overall stress, raises our 'qualify of life' and allows us more time to not only take care of clients, but to spend time with those that count the most, i.e., our families and loved ones. It is easier than it looks. Happy holidays!

The December, 2003 meeting of the Estate Planning, Trust and Probate Section will be held on Thursday, December 11, 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 meeting will include an Ethics Panel - situations that estate planners commonly encounter - with discussion on how best to resolve the issues.

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.

The January, 2004 meeting of the Estate Planning, Trust and Probate Section will be held on Thursday, January 8, 2004 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 (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 and speaker will be determined and will be announced prior to the meeting.

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.

We look forward to seeing you at our meetings, and wish all of you the happiest of holidays and peace and prosperity in the new year!

The December, 2003 meeting of the Family Law Section will be held on Tuesday, December 9, 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 topic will be Edward Torrence, Esq. who will discuss how to interact with The JAG Corps. The court staff will also provide holiday treats to the bar members.

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.

The January, 2004 meeting will be held on Tuesday, January 13, 2004 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 speakers will be Judge Clements, Judge Halgren and Judge Salcido who will discuss "professional cooperation in 2004."

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.

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 Ed or Judi.

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 am and 1:15 pm

December, 2003

2      AM  Garrison Klueck

        PM  Clare Maudsley

3      AM  David Egan

        PM  Conrad Walker

4      AM  Thomas Buchenau

        PM  Ed Castro

5      AM  Blaine Phipps

        PM  Wells Lyman

9      AM  Timothy Cohelan

        PM  Catherine Tancredi

10    AM  David Demergian

        PM  Miranda Franks

11    AM  Thomas Marshall

        PM  Dan Bacal

12    AM  Ron Oberndorfer

        PM  Charles Scott, Jr.

16    AM Elliott Kanter

        PM  Conrad Walker

17    AM Peter Singer

        PM  Kenyon Young

18    AM  Frank Puglia

        PM  Jon McKinley

19    AM  Thomas Castonguay

        PM  Joseph Sciarretta

23    AM  James Mietzel

        PM  DARK

24    AM  DARK

        PM  DARK

25    AM  HOLIDAY

        PM  HOLIDAY

26    AM  DARK

        PM  DARK

30    AM  Thomas Buchaneu

        PM  DARK

31    AM  DARK

        PM  DARK

January, 2004

1      AM  HOLIDAY

        PM  HOLIDAY

2      AM  DARK

        PM  DARK

6      AM  Elliott Kanter

        PM  Garrison Klueck

7      AM  Wells Lyman

        PM  Clare Maudsley

8      AM  Jon McKinley

        PM  Blaine Phipps

9      AM  Thomas Castonguay

        PM  Thomas Marshall

13    AM  Charles Scott, Jr.

        PM  Frank Puglia

14    AM  Peter Singer

        PM  Joseph Sciarretta

15    AM  Conrad Walker

        PM  Dan Bacal

16    AM  Thomas Buchaneu

        PM  Ed Castro

17    AM  Timothy Cohelan

        PM  Catherine Tancredi

20    AM  David Demergian

        PM  David Egan

21    AM  Joseph Fox

        PM  Larry Kincaid

22    AM  Miranda Franks

        PM  Thomas Castonguay

23    AM  Elliott Kanter

        PM  Leroy Knutson

27    AM  Clare Maudsley

        PM  Ron Oberndorfer

29    AM  Wells Lyman

        PM  Garrison Klueck

30    AM  James Mietzel

        PM  Kenyon Young

FAMILY LAW

SETTLEMENT

CONFERENCE

JUDGE

Please arrive at Department 5

by 8:30 a.m.

December, 2003

12-3-03   Marilyn Bierer

                S. Michael Love

                Barton Noone

12-10-03 Mike Has-Ellison

                Larry Kincaid

                Wells Lyman

12-17-03 Gerald Mulder

                'Pete' Peterson

                Lisa Schwarte

12-24-03 DARK

12-31-03 DARK

January, 2004

1-7-04     Stanley Bacinett

                Richard Freed

                Julia Garwood

1-14-04   Thomas Buchenau

                Sandy Mayberry

                Lisa Schwarte

1-21-04   Cheryl Daily

                Gary Glauser

                Frank Nageotte

1-28-04   Peter Aex

                Brian Cochran

                Mike Has-Ellison

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022