FROM THE PAST PRESIDENT

By Jerry Carmody

Dear Members:

The 40th Annual Installation Dinner was held on January 30, 2004 at the Singing Hills Country Club and approximately 113 people were in attendance, consisting of judges, members of the San Diego County Bar Association, members of the Foothills Bar Association, and guests. William Nowlan, Esq., a member of the San Diego Opera, opened the dinner by singing the national anthem and Richard Lederer, a noted linguist and author, provided a lively and humorous discussion on how certain words and phrases came into existence. Everyone enjoyed the entertainment and few left before we had to end the dinner at 10:00 p.m. I look forward to seeing more of our members attending the installation dinner in 2005.

On February 5, 2004, I attended a Judges Meeting at the invitation of Robert Durant, Executive Officer, East County Branch of the Superior Court.

The fiscal impact of California’s budget deficit is of great concern to the Court and to all of its related administrative agencies.

In 2004 I will be meeting at least quarterly with the judges to discuss how the members of the FBA can assist the court in adjudicating cases in a manner that will be cost effective to our clients and the court. If any of our members have any ideas that will assist the courts in reducing delays and the cost of adjudicating cases, please communicate your to my office and I will see that they are discussed at our next Bench Bar meeting.

You may not be aware that 90% of the Court’s operating budget is tied to payroll and staffing. Over the past year, the Court has only filled those positions that were deemed critical to its operation. As a result of this policy the Court has a number  of unfilled positions and has been

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FROM THE

EDITOR

by Catherine Tancredi

I recently amazingly found the time to read "The Last Juror" by John Grisham. The story centers around a 23 year old college drop out who buys a newspaper in the small town of Clanton, Mississippi (where "A Time to Kill" was also set). Shortly afterwards, a young mother is brutally raped and murdered by Danny Padgitt, who was tried and found guilty. He was sentenced to life imprisonment even though he had threatened revenge against all of the jurors.

The newspaper owner, Willie Traynor, became close friends with the only black woman on the panel, an older woman who'd been through much in her life and had eight kids to show for it. The middle of the book goes into what happens with the newspaper and town while Danny Padgitt is in prison. The historical accounts are very interesting and accurate.

After serving only nine years, Danny Padgitt is released and two of the jurors are dead. The book ends as the killer of those jurors is revealed. It is a surprise ending but true to form for Grisham. Fans will not be disappointed although I believe this book loses some of the luster of his other books such as "The Firm." I hope Grisham gets that luster back soon.

FROM THE

COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

RECENT CHANGES

IN LANDLORD-

TENANT LAW

Commencing on January 1, 2004, significant changes were implemented to Civil Code Section 1950.5 regarding procedural requirements for the withholding of residential security deposits by landlords. One of the most significant changes requires landlords to provide tenants with copies of receipts for actual work performed in addition to providing the already mandated itemization statement detailing repair and cleaning costs to the tenant within 21 days of moving out.

Additionally, Civil Code Section 1950.5 now requires landlords who make repairs and perform cleaning services of the rental premises upon the tenant's departure to provide an itemized statement describing the work performed, the time spent performing the work, and the reasonable hourly rate charged for labor.

When individuals or business entities have performed repair and cleaning work, the landlord must provide the tenant an invoice or receipt including the name, address and telephone number of the person or entity if it was not provided. The landlord also must provide copies of bills, invoices or receipts for deductions made for materials or supplies.

Additionally, the revised code provision allows the landlord to make a good faith estimate as to the amount deducted for repairs, and to provide that estimate with the itemized statement when the actual amount of damages cannot be reasonably ascertained within a 21 day period after the tenant vacates the property. Thereafter, within 14 days from the time of repair completion, the landlord must provide the tenant with actual copies of documentation for the work performed.

Civil Code Section 1950.5 exempts landlords from compliance with the itemized receipt requirements when the deposit deductions for repairs and cleaning total $125 or less. Furthermore, the landlord is released from compliance with the new requirements in the event the tenant provides a written waiver of his right to documentation of repair and cleaning expenses.

HOLIDAY

The San Diego Superior Court, East County Division will be closed Wednesday, March 31, 2004 for Cesar Chavez Day.

FROM THE

PRESIDENT

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attempting to streamline a number of its procedures and operations. Some of these changes have affected the services that the Court is able to provide to the public. Because of the shortage of Court personnel, Mr. Durant has requested that I advise the members of the FBA of the following changes in the civil business office that will take effect on February 23rd, 2004, to wit:

1. Messengers will be limited to three filings per one trip to the counter. If they have more than three filings, they will need to go to the back of the line. This will allow for better service to everyone and better utilization of our staff.

2. These new filings will no longer be available the next day. At the present time, we have a four-day backlog on getting these filings out and we will do our best to get them out as quickly as possible.

On February 17, 2004, the members of the FBA Board of Directors held their annual retreat to discuss the various committee assignments for the 2004 term. The new committee assignments are printed on page 7 of this FBA Newsletters. If any of our members have any ideas about a topic or a particular speaker they would like to have at one of our monthly seminars (Criminal, Family Law, Civil Litigation, Estate Planning) please contact the Chairperson for the particular section or my office and we will do our best to schedule the seminar. Our monthly MCLE seminars are free to our members and new topics and ideas are always welcome.

Thank you for allowing me to lead the Foothills Bar Association during the 2004 term. Please make sure that you notify me of any new or updated information about your e-mail or facsimile numbers so that I can effectively communicate with the members between newsletters.

Regards,

Jerry L. Carmody, President

EAST COUNTY

LAWYER'S CLUB

HAPPY HOUR

SOCIAL

On Thursday, March 11, 2004, from 5:15 to 7:30 p.m. at the Downtown Café Restaurant (on Main Street, just West of the Courthouse), there will be a Lawyer's Club Happy Hour/Social to introduce their new members, relax with colleagues and meet prospective members. Drink tickets and appetizers will be provided.

QUOTABLE QUOTES

by Randall "Rex" Erickson

''Good name in man and woman, dear my Lord, Is the immediate jewel of their souls: Who steals my purse steals trash; 'tis something, nothing; 'Twas mine, 'tis his and has been slave to thousands; But he that filches from me my good name

Robs me of that which not enriches him And makes me poor indeed.''

(Botos v. Los Angeles County Bar Assoc. (1984) 151 Cal.App.3d 1083, 1087 [William Shakespeare, Othello, Act III, scene 3, line 155].)

"Nullum tempus occurrit regi,' ['time does not run against the king'] ..." (Doggett v. United States (1992) 505 U.S. 647, 667.)

STATE BAR MCLE

UPDATE

Before February 1, 2003, emotional distress was part of the subfield relating to prevention, detection and treatment of substance abuse (MCLE Rule 2.1.2). Members who completed the activity before February 1, 2003 may count the completed activity in the substance abuse subfield for their next compliance deadline. Compliance Group 3 (last names N-Z) will be the last group that can count emotional distress activity for credit. Compliance Group 3's current period runs from 2-1-02 to 1-31-05.

The next meeting of the Civil Litigation Section will be on Thursday, March 17, 2004, from 12:15 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 Vickie M. Wolf, CPA, ABV, CFE of the accounting firm of Brodshatzer, Wallace, Spoon and Yip. She will discuss how to best us an economic expert. Ms. Wolf will include in her discussion as time permits damages in personal injury, wrongful death and wrongful termination cases.

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 Jerry, Sam or Mark.

The next meeting of the Criminal Law Section (co-sponsored with the Estate Planning, Trust & Probate Section) will be on Thursday, March 25, 2004, from 12:15 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 Executive Coach Christine Elliot. She will discuss how to create five more hours of personal time in your week.

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 (co-sponsored with the Criminal Law Section)

will be on Thursday, March 25, 2004, from 12:15 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 Executive Coach Christine Elliot. She will discuss how to create five more hours of personal time in your week.

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.

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.

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 9, 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 speaker will be Garrison "Bud" Klueck, CFLS, who will discuss the top 10 family law cases of 2003.

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.

SMALL CLAIMS COURT

Please be prepared to take the

bench at 8:15 a.m. and 1:15 p.m.

March, 2004

2          AM     Conrad Walker

            PM      Dan Bacal

3          AM     Kenyon Young

            PM      Peter Singer

4          AM     Thomas Buchenau

            PM      Ed Castro

5          AM     Timothy Cohelan

            PM      Dave Demergian

9          AM     David Egan

            PM      Miranda Franks

10        AM     Joseph Fox

            PM      Larry Kincaid

11        AM     Elliott Kanter

            PM      Garrison Klueck

12        AM     Leroy Knutson

            PM      Wells Lyman

16        AM     Clare Maudsley

            PM      Jon F. McKinley

17        AM     James Mietzel

            PM      Thomas Marshall

18        AM     Charles Scott, Jr.

            PM      Blaine Phipps

19        AM     Ron Oberndorfer

            PM      Frank Puglia, Jr.

20        AM     Kenyon Young

            PM      Conrad Walker

23        AM     Peter Singer

            PM      Joseph Sciarretta

24        AM     Thomas Buchenau

            PM      Tom Castonguay

25        AM     Joseph Fox 

            PM      Ed Castro

26        AM     Dave Demergian

            PM      David Egan

30        AM 

            PM  

31                    HOLIDAY

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

March, 2004

3-3-04             Cheryl Daily

                        William Daley

                        Charles Fougeron

3-10-04           Peter Aex

                        Anthony Beccarelli

                        John Keeling

3-17-04           Richard "Pete" Peterson

                        Russell Robinson

                        Lisa Schwarte

3-24-04           Garrison "Bud" Klueck

                        Sandra Mayberry

                        Barton Noone

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