FROM THE PRESIDENT

By Garrison "Bud" Klueck

As you likely know, the annual budgetary fight within the legislature is going on now. Such arguments occur every year, sometimes with more or less urgency and more or less rancor. It usually makes for some pretty good political theater. However, because of the huge budget deficit and certain deep budget cuts, the public policy issues being debated now, more than almost any other year within memory, directly impact on our ability to practice law.

The majority of your Board has voted to take action now in connection with state funding of trial courts. We urge the membership to join us. We have all heard the rumors: the courts would only be opened for four days; the clerk staff would be cut back; Judicial vacancies would not be filled; There are many other rumors. There are some actual horror stories being discussed, if the votes in Sacramento cut the courts' budgets too drastically.

As we read regularly, estimates for this year's state budget deficit grow on almost a daily basis. As budget cuts are being debated, the voices of judges and lawyers have got to be heard.

Many lawyers are active politically. Many lawyers contribute funds to political campaigns. Our voices have to be a growing part of the chorus of voices appealing to the legislature regarding where the budget ax will fall. Please be assured that other state employees, the road-building lobby, the prison-building lobby, the teachers unions and many other special interest groups will be putting pressure on the legislature to spare their budgets when the budget cuts are made.

Many Bar associations have become active in the state budget debate. The San Diego County Bar Association has forwarded correspondence to area legislators arguing for only small cuts to state court funding. The State Bar has engaged in lobbying efforts concerning these State budget-related matters.

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

HOLIDAY NOTICE

The East County Division of the Superior Court will be closed for Independence Day on Friday, July 4, 2003.

NOTIFICATION

REQUIREMENT FOR

UNLICENSED

CONTRACTORS

Many homeowners are aware that an unlicensed contractor may perform work only if labor and material expenditures amount to less than $500 in the aggregate. Often, however, homeowners are unaware of recent changes within the Business & Professions Code that require the unlicensed contractor to provide detailed written notice regarding his status as an unlicensed contractor.

An unlicensed contractor who fails to provide such notice cannot seek legal compensation if the homeowner fails to render payment.

The Business and Professions Code has enacted recent changes regarding notification by unlicensed contractors for minor work performed totaling less than $500. Business & Professions Code Section 7048 mandates that the unlicensed contractor provide, prior to entering a contract with the purchaser of the work, a notice stating that the contractor is not licensed.

The notice must also specifically state that the contract laws are designed to protect the public, and that by contracting with an unlicensed contractor, the purchaser of the work may not be able to obtain assistance from the Contractor’s Licensing Board regarding complaints pertaining to the services rendered.

The notice must also explain that the only remedy available for the purchaser of the unlicensed contractor’s services may be a civil law suit, and that the purchaser could be held liable for any injuries sustained by the contractor and his workers.

Additionally, the unlicensed contractor is required to maintain a copy of the notification he has provided to his clients for four years. The purchaser of the services rendered must sign the notification.

DEPARTMENT 15 - NOTICE

Department 15 will be utilizing a Tentative Ruling Policy as of July 25, 2003 consistent with the majority of I.C. Departments downtown.

All motions calendared will be set for 3:00 p.m. with the tentative ruling being available on the San Diego Superior Court Website (www.sandiego.courts.ca.gov/superior/). Rulings may be obtained by entering the case number (e.g. GIE012345 or IE012345). Telephonic rulings will be available in the near future. Parties that do not have the ability to log onto the Website may call the Department Clerk at (619) 441-4500 to obtain the ruling.

Oral argument, if allowed, may be calendared by calling (619) 441-4694 within two court days of the telephonic ruling and specifying with particularity the issues sought to be orally argued. Argument will be set on the first available Friday at 9:00 a.m. in Department 15.

Pursuant to Local Rule 2.19, all pleadings shall include “Tentative Ruling: No Appearance Required” in the caption of the motion.

THIS APPLIES ONLY TO DEPARTMENT 15 IN THE EAST COUNTY DIVISION

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FROM THE

PRESIDENT

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The majority of your Board has voted to authorize your Bar President to write East County legislators to sensitize those legislators what is at stake with state court funding.

Our member are urged, as individuals, to join your particular voice to the chorus of voices being raised to save the public's access to justice in the courts. Those other groups will all be putting pressure on the legislature to fund their area of concern. Lawyers and judges cannot afford to let our legislators think that they can cut the state funding for courts without those cuts costing them morally (as to access to justice for the public) or politically.

There are times when we must act to protect those places where we all provide our professional services to the public and earn our livelihoods--the courts. The budget is being debated now. Now is the time to act!

FROM THE COURT

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JUDGE’S CORNER

The following courtroom assignments will take effect on Monday, July 7, 2003:

Judge Charles W. Ervin     – Department 2 (felony arraignments)

Judge Louis R. Hanoian    – Department 4 (criminal trials) 

Judge Richard S. Whitney – Department 3 (misdemeanor arraignment/readiness)

LETTERS TO

THE EDITOR

Dear Ms. Tancredi,

I heartily endorse our President's proposal to expand the name of our organization to Foothills/East County Bar Association.

When I served on the Board of Directors of the San Diego County Bar Association, I frequently referred to our association as the East County Bar Association. Why? Because downtown lawyers as well as lawyers from other jurisdictions had no idea what or where the Foothills Bar Association was. When I was introduced by others, I was always referred to as being the representative of the East County Bar Association. Even now I continue to refer to myself in that way.

I also think Mr. Klueck's suggestion that we combine the name makes sense. For many of us and our prior members and presidents, the name "Foothills" has real importance. It signifies not only an association of 40 years, as mentioned, but it also represents a lot of hard work by those early members.

Kudos to Mr. Klueck.

Very Truly Yours,

Patrick F. O'Connor

FBA MEMBERSHIP

RENEWAL DUE

It is that time again to renew your FBA 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.

QUOTABLE

QUOTES

by Rex Randall Erickson

"The majority opinion is, as Churchill once said of Russia, 'a riddle wrapped in a mystery inside an enigma.'" (Screen Extras Guild, Inc. v. Superior Court (1990) 51 Cal. 3d 1017, 1038 (Arabian, dissent).)

"The tendency of some courts to define 'sudden' in such a way as to encompass gradual pollution brings to mind W. S. Gilbert's description of the lawyer Sir Bailey Barre, Q.C., M.P., in Utopia, Limited, one of Gilbert and Sullivan's lesser-known operas:

'A marvelous Philologist, who'll undertake to show, 'That 'yes' is but another and a neater form of 'no.' (Jefferson, The Complete Gilbert & Sullivan Opera Guide (1984) p. 303.)"

(ACL Technologies, Inc. v. Northbrook Ins. Co. (1993) 17 Cal. App. 4th 1773, 1789, fn. 40.)

The next meeting of the Criminal Law Section will be on Thursday, July 24, 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 John Buzzard of East County Accord who will discuss his program and how it can assist those in the criminal justice system.

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 Estate Planning, Trust and Probate Section will be held on Thursday, July 10, 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 speaker and topic will be TBA.

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, July 8, 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 Barbara Tinsley, Ph.D. who will discuss child custody evaluations.

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.

July 2003

1        AM     Joseph Fox

          PM     Miranda Franks

2        AM     Elliot Kanter

          PM     Larry Kincaid

3        AM     Garrison Klueck

           PM     Leroy Knutson

4        AM     HOLIDAY

          PM     HOLIDAY 

8        AM     Wells Lyman

          PM     Clare Maudsley

9        AM     Jon McKinley

          PM     Thomas Marshall

10      AM     James Mietzel

          PM     Ron Oberndorfer

11      AM     Blaine Phipps

          PM     Frank Puglia

15      AM     Charles Scott, Jr.

          PM     Joseph Sciarretta

16      AM     Peter Singer

          PM     Conrad Walker

17      AM     Kenyon Young

           PM     Dan Bacal

18      AM     Tom Buchenau

          PM     Tom Castonguay

22      AM     Timothy Cohelan

          PM     Catherine Tancredi

23      AM     David Demergian

          PM     David Egan

24      AM     Joseph Fox

          PM     Miranda Franks

25      AM     Larry Kincaid

           PM     Leroy Knutson

29      AM     Elliott Kanter

          PM     Garrison Klueck

30      AM     Wells Lyman

          PM     Thomas Marshall

31      AM     Clare Maudsley

          PM     Jon F. McKinley

          FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

July, 2002

7-2-03           Marilyn Bierer

                     Win Heiskala

                     Beth Sample

7-9-03           Cheryl Daily

                     Gerald Mulder

                     John Tannenberg

7-16-03         Thomas Marshall

                     Richard Peterson

                     Lisa Schwarte

7-23-03         Brian Cochran

                     Larry Kincaid

                     Robert Lesh

7-30-03         Richard Freed

                     Garrison Klueck

                     Peggy Moore

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022