FROM THE PRESIDENT

By Garrison "Bud" Klueck

March is a time of transition. Life changes as the world from one season to another.

This transition time does not often start out well. For folks back East, March means mud. In places like Michigan where I grew up, the snow and ice melts in March turning the world into a muddy mess that gets all over your car, sticks on your shoes and seeps into your soul. By the end of March, the water has usually dried up or sunk down and new vegetation has started to sprout up from the formerly muddy ground.

For Christians, March means Lent. All of the three great monotheistic religions have a time period of reflection, atonement, fasting and penance followed by the joy of a celebration. But the two religions that were centered mostly in the warmer climate of the western Mediterranean and the middle east (Islam and Judaism) set their reflection followed by a party much later in the year. For Muslims, Ramadan is followed by Ead near the end of the year (November and December). For jews, Yom Kippur is followed by Rosh Hashanah around harvest time in September. But for Christianity, which started in the middle east but mostly grew in the colder climes of Europe, Lent was set essentially during the mud time of March and Easter for April when the flowers start to bloom. Christians believe that Christ emerged forth from the ground to life just about the time that nature is bringing forth from the ground masses of new life.

It is odd that secular society has not found a way to build a time set aside for reflection into our working lives. If all three of the great monotheistic religions have built such a time into their year, one has to assume that putting aside a time for reflection is an intrinsic human need. If there is such a need, it is odd that secular society has not tried to find a way to meet it. Oh there is Memorial

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

HOLIDAY NOTICE

The San Diego Superior Court, East County Division, will be closed on Monday,  March 31, 2003 for Cesar Chavez Day.

NEW LAW PROHIBITS

FORUM CLAUSES

Small claims litigants attempting to pursue legal actions for monetary amounts within the jurisdictional limitations of the small claims court have often had their efforts thwarted due to contractual forum provisions. Such provisions require the litigant to initiate legal action in a forum outside the state of California.

Litigants, for example, pursuing claims within the monetary limits of the small claims court against such companies as America-On-Line, often have been precluded from initiating their California small claims action in spite of having entered their contract in California. Such litigants have been loath to discover that one of the numerous provisions with their contract mandates that all litigation against America-On-Line be pursued within the state of Virginia.

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FROM THE

PRESIDENT

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Day and Veteran's Day but the reflection there is upon how great our debt is to those who have fought to defend our way of life. The religion reflections are different. The focus there is to reflect upon where we are going in our individual lives and what we personally can do to improve ourselves as professionals, as parents, as spouses and as religious practitioners. Our secular lives just plunge ahead at rat-race speed without a moment to consider what we are doing, why we are doing it and can we do what we do in a better, more productive or more humane way.

Your Board of Directors had its time of reflection recently as we met in retreat in late February. We also decided for a time of transition. Your Bar will have somewhat of a higher profile in the near future. Officers are going to attend the California State Bar mid-year meeting in late March. The State Bar, like the ABA, concentrates its mid-year meeting on Bar leadership training. Your present and future officers will attend workshops at the Long Beach meeting focusing on Bar organization, fund raising, raising the public perception of lawyers and other issues. Later in the year (September), we plan to send a small delegation to the State Bar Convention in Anaheim. We will participate in the deliberations of the House of Delegates as that body debates potential changes to the State Code.

The Board's secular deliberations have led us to conclude that, if are going to be a real Bar association, we had better start acting like one. We are going to be more active and have a higher profile relative to other Bar associations and to the State Bar.

That is our conclusion relative to our reflections. More broadly though, attorneys and Judges have such power and influence in this society. It would be nice if we built into all our lives a time to reflect upon how we use that power and influence and if the power is used in a way that benefits our fellow citizens.

EAST COUNTY

LAWYER'S CLUB

HAPPY HOUR SOCIAL

On Thursday, March 13, 2003, from 5:00-7:00 p.m. at the Downtown Café Restaurant (on Main Street, just West of the Courthouse), there will be a social to welcome new members. Drink tickets and appetizers will be provided.

The next meeting of the Estate Planning, Trust and Probate Section will be held on Thursday, March 13, 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 are undetermined at press time. Members will be contacted by telephone before the meeting and advised of the speaker and topic.

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, March 11, 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 Garrison "Bud" Klueck" who will discuss "The Dirty Dozen for 2002" - a review of the top dozen family law cases from last year

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.

March, 2003

4        AM     Conrad Walker

          PM     Dan Bacal

5        AM     Kenyon Young

          PM     Peter Singer

6        AM     Thomas Buchenau

          PM     Ed Castro

7        AM     Timothy Cohelan

          PM     David Demergian

11      AM     David Egan

          PM     Miranda Franks

12      AM     Joseph Fox

          PM     Larry Kincaid

13      AM     Elliott Kanter

          PM     Garrison Klueck

14      AM     Leroy Knutson

          PM     Wells Lyman

18      AM     Clare Maudsley

          PM     Jon McKinley

19      AM     James Mietzel

          PM     Thomas Marshall

20      AM     Charles Scott, Jr.

          PM     Blaine Phipps

21      AM     Ron Oberndorfer

          PM     Frank Puglia

25      AM     Kenyon Young

          PM     Conrad Walker

26      AM     Peter Singer

          PM     Joseph Sciarretta

27      AM     Thomas Buchenau

          PM     Dan Bacal

28      AM     Timothy Cohelan

          PM     Ed Castro

          FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

March, 2002

3-5-03           Cheryl Daily

                     Richard Peterson

                     Russ Robinson

3-12-03         Peter Aex

                     Charles Fougeron

                     Lori Viviano

3-19-03         Larry Kincaid

                     S. Michael Love

                     Beth Sample

3-26-03         Tom Buchenau

                     John McCabe

                     Gerald Mulder

FROM THE COURT

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As of January 1, 2003, Code of Civil Procedure Section 116.225 prohibits various forum clauses affecting small claims actions. The new law declares such provisions void and unenforceable, and contrary to public policy.

Civil Code Section 116.225 impacts agreements entered into or renewed as of January 1, 2003. The new law voids forum provisions requiring initiation of litigation outside the state of California when such agreements are within the jurisdiction of the small claims court.

The new law affects a wide range of agreements, including agreements for services, goods and for various credit extension agreements.

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022