FROM THE PRESIDENT

By Garrison "Bud" Klueck

It is my sad duty to inform the membership that one of our Board members lost her father within the last month. Andrea Schneider's father passed away in a hospital near her parents' Southern Arizona home. I am sure that all of our sympathetic thoughts, prayers and concerns will be directed toward Andrea as she copes with her sad loss.

As I have discussed at the Annual dinner and in previous columns, your President set four (4) goals to be accomplished this year. The goals were: 1) to get the Foothills Bar web site launched; 2) to achieve a slight change in the way lawyers refer to us (name change, of sorts); 3) to send a small delegation, representing the Foothills Bar, to the 2003 State Bar convention in Anaheim; and 4) to make the "Hard-to-Get" MCLE credit seminar an annual part each fall's calendar.

I previously wrote about the web site. Our first goal has been achieved. Please access our web site at: WWW.FOOTHILLSBAR.ORG . Our web master has it set up that, if a member or other interested party, forgets and types "dot-com," instead of "dot-org," the inquirer will get to our web site anyhow. That is, WWW.FOOTHILLSBAR.COM will get you to same web site as WWW.FOOTHILLSBAR.ORG . Please surf over to our web site and check it out. Please let us know what you think. As discussed in an earlier column, the web site is explicitly a "work-in-progress" and subject to, we hope, constant and consistent improvement. So we do welcome your suggestions and comments. There is a hot, "click-on-it," e-mail link built into the web site. So, please use the link to tell the Board what you think of the web site.

The main focus of this column, however, will be item #2 of the above list, not the web site but our name. Part of what I am seeking will involve official actions by your Board. However, the biggest change I seek involves really more the verbal habits of

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

SMALL CLAIMS

POSTPONEMENT

REQUESTS

As of January 2003, Code of Civil Procedure Section 116.570 mandates that a small claims litigant requesting a postponement of his hearing file his postponement request at least 10 days prior to the hearing date of the small claims action. The implementation of the postponement request time frame provides standardized requirements for courts considering such requests.

CCP Section 116.570 additionally states that this requirement may be waived by a party demonstrating good cause in having to file at a later date.

The new provisions under CCP Section 116. 570 compliment the modification of time requirements found in CCP116.340 (b). In January 2003, CCP Section 116.340 (b) increased the number of days required for service of a small claim complaint on a defendant residing in the county where the action was initiated from 10 days to 15 days prior to the court hearing. For a defendant residing outside the county where the action was filed, the service time was increased from 15 days to 20 days. The new service requirement will provide the defendant, after having received the small claims complaint, a minimum of five days to make a postponement request.

A NOTE OF THANKS

by Carolyn Dulude

The East County Branch of the San Diego County Public Law Library held another successful Law Day on May 1^st. The success is attributed to attorneys who volunteer to help the community with is much needed service. Individuals who took advantage of this service were truly grateful. Recognition is acknowledged to the following attorneys:

          Jerry Carmody

          Freddy Garmo

          Jim Dobbins

          Peggy Dolan

          Judy Marolt

          Ken Hoyt

          Anthony Chicotel

          Steven Elia

          Julius Jabora

          Dan Cohen

          Sam Parise

          Joe Fox

          Joselina Medrano

          Dan Bacal

          Bob Wiggins

          Clare Maudsley

Without your help and support this event would not have been possible. This has given us an opportunity to stand out in the public’s eye. Thank you for making that happen!

FBA MEMBERSHIP

RENEWAL DUE

Not only has summer arrived and the children are out of school, but 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.

The FBA does not send out a separate billing for dues. Your only reminder is in this Newsletter. Please complete the application included in this newsletter and mail with your check today!

FROM THE

PRESIDENT

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our members and other lawyers. The problem I see about the name is that it is not immediately clear who we are and what is our purpose.

The Foothills Bar is one of four geographically-related or "regional bars." The region covered by and the focus of the San Diego County Bar Association ("SDCBA") and South Bay Bar Association is pretty obvious. The names says where they are located and what their concerns are. Our other sister regional bar is officially called the "Bar Association of Northern San Diego County," however, every-one refers to it as the "North County Bar" and everyone knows what they're about and where they are geographically.

Then there is our Bar. I got tired, over time, of the "deer in the headlights look" from people when I told them that I was involved with, or the President of, the "Foothills Bar." For the last several months, I started to refer to it as the "Foothills/East County Bar." That is the habit I respectfully hope I can inspire or foster in members. Please let's refer to us as the "Foothills/East County Bar" and, it is hoped, our identity will be clearer.

Our Bar, like the North County Bar, has a somewhat different "official" name than the one people commonly use. Our official name, as stated in the by-laws, is the "Foothills Bar Association of San Diego County." Later this year, I will strongly suggest to the Board, that we amend the by-laws slightly so that the official name will be thereafter the "Foothills Bar Association of East San Diego County" (proposed amendment emphasized).

Why not just "dump" the Foothills moniker altogether? The answers are "sweat equity" and "branding." The sweat equity amounts to all the years that our colleagues and predecessors invested in building and maintaining the Foothills Bar over the years. We do not want to, in any way, denigrate or not honor all that effort on behalf of the Foothills Bar. Secondly, we have been using that name for a long time and it has developed some considerable recognition over many years. Please recall that we were founded in 1963. We have been around for 40 years as has our name. We are one of the oldest Bars in San Diego County (North County beat us slightly by being founded in 1956; the South Bay Bar is over twenty years younger having been founded in 1985.). Although we do have to often provide people with additional information, about our identity, over 40-plus years the name has acquired recognition that would not be prudent to ignore.

The above discussion is why "Foothills/East County Bar" appears to be such a good compromise. It suggests our geographical focus and identity while continuing to utilize a recognized brand for which many people have invested much effort over many years.

So while I will be advocating some official action by the Board, the bigger change will, I hope, be in people's habits. When you say "Foothills/East County Bar," you will simultaneously be informing the listener of where we are and our focus while honoring our colleagues and forebearers

FROM THE

COURT

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MODIFICATION OF

LOCAL RULE 5.9

On June 1, 2003, Judge Milliken ordered that the following modification to Local Rule 5.9 (family law) be adopted. Modified portions are italicized.

"C.Attendance at Conference.

Parties shall be present at the status conference and shall be fully prepared to discuss the timetable for resolution and other issues raised by the pleadings. Parties to the action must appear even if represented by counsel unless the Court excuses the parties' personal appearance. Personal appearance by parties represented by Counsel is not required if the parties agree to set trial or CMC dates on the matter in accordance with LR 5.9 Sections D. 1 and 2. If clients do not appear, Counsel must have full authority to discuss, and where necessary, bind their client(s) to the orde4rs to be made under LR 5.9 Sections D. 1 through 10. Any attorney making a special appearance for counsel of record must have actual knowledge of the facts and procedural history of the case. If one party fails to appear, the Court will set the matter for case management and/or Trial.

Telephone Continuances of the Conference. The parties may continue the status conference once by telephone. Counsel may request a continuance of the status conference by telephone up to one day before the conference.

Mediation or Collaborative Law: Parties who at the time of the initial filing of the petition provide a declaration executed by both parties indicating they are presently in mediation with a professional mediator shall be exempt from the status conference program for a period of 9 months. Parties who at the time of the initial filing of the petition provide a declaration signed by both parties indicating they have retained attorneys who plan to resolve the matter through the collaborative law process* shall be exempt from the status conference program for a period of 9 months. If a judgment or dismissal is not filed within 9 months of the filing of the petition, the matte will be noticed for a status conference pursuant to this rule.

(*Collaborative law process is defined as a procedure where both parties have retained attorneys who have received formal training in collaborative practice and both attorneys agree to substitute out of the case if agreement is not reached as required by collaborative law principles).

EAST COUNTY

LAWYERS CLUB

MCLE BROWN BAG

LUNCHEON

The East County Lawyers Club is hosting a Brown Bag MCLE Program on June 25, 2003, at 12:00 noon in Department 6 of the El Cajon Courthouse entitled "Mold Issues in Common Interest Developments." The speaker will be Lauri Croce Streeter Esq., of Anderson & Kriger. 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, June 26, 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 Tanya Starkweather of the Public Defender's Office giving an "Overview on Juvenile Delinquency."

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, June 12, 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, June 10,, 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 David Kuhfal, Esq. who will discuss community property with right of survivorship (postponed from an earlier date).

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.

June, 2003

3        AM     Dan Bacal

           PM     Thomas Buchenau

4        AM     Timothy Cohelan

          PM     Ed Castro

5        AM     David Demergian

          PM     David Egan

6        AM     Joseph Fox

          PM     Miranda Franks

10      AM     Elliot Kanter

          PM     Larry Kincaid

11      AM     Leroy Knutson

          PM     Garrison Klueck

12      AM     Wells Lyman

          PM     Clare Maudsley

13      AM     Jon McKinley

          PM     Thomas Marshall

17      AM     James Mietzel

          PM     Ron Oberndorfer

18      AM     Blaine Phipps

          PM     Frank Puglia

19      AM     Charles Scott, Jr.

          PM     Joseph Sciarretta

20      AM     Conrad Walker

          PM     Kenyon Young

24     AM     Dan Bacal

          PM     Tom Castonguay

25      AM     Peter Singer

           PM     Thomas Buchenau

26      AM     Timothy Cohelan

          PM     Ed Castro

27      AM     David Demergian

          PM     David Egan

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022