FROM THE PRESIDENT

By Jerry Carmody

I would like to start by thanking Nancy Carol Carter, Professor of Law and of the USD Legal Research Center for the seminar she presented on the topic of Ten Things Every California Attorney Should Know About American Indian Law. There was a lot of material for her to discuss and I congratulate her for fitting it all into an hour. We hope to have her back to speak on the subject again in the future. The seminar was well attended and I thank the FBA for their support.

In October, Kate Yavendetti, director of the San Diego Volunteer Lawyers, addressed the activities and services provided by the El Cajon Domestic Violence Law Project. Ms. Yavendetti reported the SDVL had lost some of its funding in the past year and requested that the FBA provide some type of financial support to the DVLP in El Cajon. She presented the proposed budget for the DVLP and the Board took her request under consideration. I am pleased to announce that the Board of Directors has approved a donation of $1,040.00 to the DVLP to be spent on equipment, office supplies and travel expenses of the DVLP.

I have received several Employment Opportunity announcements from the Judicial Counsel of California, www.courtinfo.ca.gov/careers, for Labor/Employment Law Attorneys, Transactional and Business Law Attorneys, Real Estate Attorneys, and Legal Opinion Unit Attorneys. The information is voluminous and could not be included in this newsletter, however, it can be obtained at the above referenced web site.

As we go into the Holiday Season, it gets more and more difficult to get everything done. I want to remind you of several important events that you may want to attend. First, is the Judges Reception, hosted by the East County Chapter of Lawyers Club, on December 2, 2004, from 5:15 p.m. to 7:15 p.m. at the El Cajon Community Center, located at 195 East Douglas Avenue, El Cajon, California. Second, our friend and colleague,                                                                                            con't on page 3

FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

PROPOSED CHANGES TO

CCP SECTION 116.725

The California Civil and Small Claims Advisory Committee, (SCAC), in conjunction with the California Judges Association, (CJA), recently proposed amending Civil Code Section 116.725.

The code section allows a small claims plaintiff or defendant to motion the small claims court to correct or vacate a judgment upon the assertion that the judgment is flawed due to a clerical error or an incorrect or erroneous legal basis.

Presently, CCP 116.725 specifies no time restrictions as to when the motion shall be filed. The proposed change would limit the time to file such a motion to 30 days after the mailing of the entry of judgment.

Additionally, the proposed amendment would restrict the filing of a CCP 116.725 motion to one filing per party. The SCAC asserts that such a limitation would prevent the filing of a motion to correct or vacate long after the time for appeal has expired. The SCAC contends that the time limitation will assist in expediting the finality of small claims judgments.

Moreover, the SCAC maintains that the limitation of one CCP 116.725 motion per party will prevent possible problems with the filing of successive requests to correct or vacate that may potentially result in multiple appeals on corrected judgments.

The proposed amendment provides the court the authority to, at any time following the entry of judgment, make its own motion to vacate or set aside the judgment. This provision exempts the court from the projected 30-day time limitation for the making of a CCP 116.725 motion. It thereby allows the court significant discretion in vacating the judgment upon the discovery of a clerical error or an unsound legal decision.

COURT HOLIDAYS

The San Diego Superior Court, East County Division will be closed on Friday, December 24, 2004 for Christmas Eve, Friday, December 31, 2004 for New Year's Eve and Monday, January 17, 2005 for Martin Luther King, Jr. Day.

REMINDER FROM

THE COURT

Please be reminded that the court requests that no gifts be given to 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.

UPDATE YOUR

INFORMATION

FOR THE 2005

DIRECTORY

To ensure that we have your correct address and telephone number for the 2005 FBA Attorney Directory, please call Rita at 588-1936 with any updates. This directory is valuable for giving and receiving referrals to attorneys of the FBA. Be sure your information is accurate!

FROM THE

PRESIDENT

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Wells Lyman, will be installed as President of the San Diego County Bar Association on December 3, 2004, from 5:00 p.m. to 7:00 p.m., at the County Bar Offices, located at 1333 Seventh Avenue, San Diego, California. Finally, we are making the final plans for the annual dinner that will be held on January 28, 2005 at the Singing Hills Country Club. The annual dinner promises to be well attended this year with Wells Lyman in charge of the entertainment.

Have a safe holiday season and thank you for the support you have given to the Foothills Bar Association in 2004.

Regards,

Jerry L. Carmody, President

LETTER TO

THE EDITOR

I received this letter from Dan Grindle on November 9, 2004.

Dear Editor,

I must confess as I departed on the morning of October 23, 2004 to attend the "Hard to Get" MCLE credits seminar presented by the FBA, I assumed it would also be "hard to take." To my delight, co-chairs Judy Marolt, Judith Klein and Bud Klueck assembled a stellar panel to present the topics of substance abuse (Dave Demergian, "The Other Bar"), elimination of bias (Robert Montgomery, International Rescue Committee), and legal ethics (David Cameron Carr). They are to be congratulated for their considerable efforts in putting this seminar together.

Sincerely,

Daniel Grindle

NOTICE OF

ANNUAL MEETING

The annual membership meeting of the Foothills Bar Association will be held on December 14, 2004, at 12:00 noon, in the Jury Lounge located at the El Cajon Superior Courthouse. The meeting will be convened for the purpose of electing the Officers and Directors for the 2005 term. The Board of Directors will offer the following slate of Officers and Directors for the 2005 term:

OFFICERS:

JOSEPH FOX

President

EDWARD R. TORRENCE

Vice- President

ANDREA D. SCHNEIDER

Secretary

ANGELO “SAM” PARISE

Treasurer

DIRECTORS:

DANIEL COHEN

NANCY K. EWIN

JUDITH E. KLIEN

JUDY M. MAROLT

JOSELINA L. MEDRANO

MARK R. RAFERTY

MIRANDA C. FRANKS

JERRY L. CARMODY

Should any of the members wish to nominate other members that are willing to serve on the Board of Directors for the 2005 term, please contact my office so that I can include their names on the list of candidates for the general election. I look forward to your attendance at the annual meeting.

END OF YEAR

CHECKLIST

By Catherine Tancredi

The end of 2004 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 and unconformed copies. 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 room for files for the new clients the new year will bring.

2. Forms: review and modify as needed or create new form letters or other standard forms. 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 fee 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, furniture, supplies or letterhead. Ensure that all law association memberships 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. Get connected faster to the internet at the office. Install a reliable back up system and power surge protectors

7. Staffing: create or revise personnel manuals. Create a 2005 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, 2004 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 meeting of the Estate Planning, Trust and Probate Section will be on Thursday, December 9, 2004 from 12:15 p.m to 1:15 p.m. and the January meeting will be held on Thursday, January 13, 2005 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, enjoy the meeting and earn one hour of MCLE.

This meeting is tentatively scheduled pending contact with Nancy Ewin. The, speaker and topic will be determined. Please contact Nancy Ewin's office at 619-698-1788 to confirm these meetings.

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 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.

If you have any suggestions for speakers or upcoming meetings, please contact Nancy, Scott or Jocelyn.

The December meeting of the Family Law Section will be on Tuesday, December 14, 2004 from 12:00 noon. to 1:15 p.m. and the January meeting will be on Tuesday, January 11, 2005 from 12:00 noon. 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.

East County Judicial Officers will provide holiday treats and Richard Bailey, Esq. will speak regarding military compensation and changes for 2005. The speaker and topic for the January meeting will be announced at a future date. Please check the family law departments for a flyer containing information regarding this meeting.

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 Bud, Ed or Judi.

SMALL CLAIMS COURT

Please be prepared to take the

bench at 8:15 a.m.

December, 2004

1          Wells Lyman

2          Clare Maudsley

3          Thomas Marshall

7          Jon McKinley

8          James Mietzel

9          Ron Oberndorfer

10        Frank Puglia

14        Blaine Phipps

15        Charles Scott

16        Peter Singer

17        Catherine Tancredi

21        Kenyon Young

22        Dan Bacal

23        Thomas Buchenau

28        Thomas Castonguay

29        Timothy Cohelan

30        Dave Demergian

January, 2005

4          David Egan

5          Ed Castro

6          Garrison Klueck

7          Larry Kincaid

11        Christine Nesphus

12 

13        Wells Lyman

14        Jon McKinley

18        Clare

19        Elliott Kanter

20        James Mietzel

21        Ron Oberndorfer

25        Blaine Phipps

26        Frank Puglia

27        Charles Scott

28        Christine Nesphus

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

December, 2004

12-1-04           Warren Haviland       Sandra Mayberry

                        David Schulman

12-8-04           Marilyn Bierer             Robert Lesh

                        John McCabe

12-15-04         Robert Bowers            Richard Freed

                        Bart Noone

12-22-04         Dark

January, 2005

1-5-05             Andy Cook                 Gary Glauser

                        Daniel Grunbaum       Jeff Wade

1-12-05           Debra Collicott           Daniel Herbert

                        Lee Lawless                 Kindra Willey

1-19-05           Sheryl Graf                  Dan Larkin

                        Judy Marolt                 Joseph Vrbancic

1-26-04           Karen Chettle             Bud Klueck

                        James Mietzel              Charles Schmidt

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