FROM THE PRESIDENT

By Jerry Carmody

Dear Members:,

Our plans for Law Day at the East County Law Library on May 3, 2004 have come together well and the Foothills Bar Association is looking forward to hosting a free legal clinic between the hours of 10:00 a.m. and 2:00 p.m. I want to thank the librarian, Carolyn Dulude, and her staff for their work in putting together the refreshments, contests, games and prizes for the event. I also want to thank all of the attorneys that have volunteered their time and resources to staff the free legal clinic (Dan Bacal, Peggy Dolan, Judy Marolt, Robert Wiggins, Tony Chicotel, Steve Elia, Freddy Garmo, Julias Jaboro, Mark Turner). We are looking forward to providing our services and giving back to the citizens of east county.

The following views and opinions about the homestead exemption provided under California Execution of Judgment Law, Code of Civil Procedure Section 704.710 et. seq. may not be the views of the Foothills Bar Association.

Is your home safe from a forced sale under California’s Enforcement of Judgment Law? The dream in America, for both young and old, is to be able to purchase a home in which you can live and safely raise a family. With interest rates at historical lows, people living in California can now qualify for a loan to purchase a home. The median price for a home in the San Diego area is now over $490,000.00. Homeowners that have owned their homes for the past 10 years or more and have seen the value of their homes increase significantly, now find the equity in their homes is substantially more than the current homestead exemption of $50,000 for single persons and $75,000 for married persons.

In a climate of ever increasing property values, the equity in a person’s home easily exceeds the current homestead exemption. If a homeowner falls on hard times, he may be forced to sell or refinance his home to

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FROM THE

EDITOR

by Catherine Tancredi

The debate continues regarding the validity of same sex marriages. If valid, it will be necessary for family lawyers to be prepared for the eventual divorce and custody fight that will surely follow.

Each parent confers specific benefits simply because of their role. It is assumed that when boys get older, they need to identify with their fathers in order to mature into young men. A mother might be needed earlier in a child's life to develop trust (fathers are nurturing but a mothers role may be more important at an early stage simply because she is with the child more).

In a same sex marriage, how will it be determined which parent will be better able to parent a son or daughter? Will one parent be the stricter parent while the other is more lenient? Will one take on the traditional "male" role while the other takes on the traditional "female role?" How will the court determine that? How will this change family law as we now know it? Will persons going through a same sex divorce choose to hire gay or lesbian lawyers to represent them?

Of course, time will tell if all this is moot but if not, it is worthy of consideration and determination.

FROM THE

COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

RESIDENTIAL INSPECTION

REQUIREMENTS

UNDER CIVIL CODE 1950.5

In recent years, Civil Code Section 1950.5 has been subject to substantial changes regarding the rights and responsibilities of residential landlords. Many landlords and tenants are unaware of significant changes pertaining to a tenant’s right to receive an inspection of his rental unit prior to the time the tenant vacates the premises.

Civil Code section 1950.5 (f) (1) states that within a reasonable time following notification of termination of the tenancy by either the landlord or the tenant, the landlord must provide the tenant with written notification of the tenant’s right to request an inspection of the premises. The initial inspection must take place prior to the landlord’s final inspection made after the tenant has vacated the premises. The tenant must receive written notification of the inspection in addition to being informed of his right to be present during the inspection.

The Code states that the purpose for the initial inspection requirement is to provide the tenant with an opportunity to remedy any defects the premises sustained during the tenant’s residency. The initial inspection, therefore, allows the tenant the opportunity to prevent the deduction of deposit money that would otherwise be used to cure damages to the premises and defray necessary cleaning costs.

Additionally, the landlord, upon receiving an initial inspection request by the tenant, is required to provide the tenant with at least 48 hours written notice of the date and time of the inspection. In the event that the tenant is not present for the inspection, the statute requires that the landlord proceed with the inspection unless the tenant has withdrawn his inspection request. Thereafter, the landlord is required to provide the tenant with an itemized list of necessary repairs and cleaning procedures in order to preclude the deduction of the tenant’s security deposit.

COURT HOLIDAY

The San Diego Superior Court, East County Division will be closed on Monday May 31, 2004 for Memorial Day.

FROM THE

PRESIDENT

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protect his equity or the home from a forced sale. Refinancing may not be a viable option for someone who

has been laid off from work, a single parent family, persons with catastrophic illnesses, persons with

large medical bills for which they are uninsured, persons living on fixed incomes, and persons over the

age of 55 years.

Historically, California has made it difficult for a judgment creditor to force the sale of a family home. Traditionally, the amount of the homestead exemption when added to the mortgage, liens, encumbrances, and costs of sale were adequate to protect the family home from a forced sale. With real property values increasing at an unimaginable pace the amount of the current homestead exemption is not adequate to protect our families from a forced sale.

In my opinion, the State of California should take action in this climate of escalating real estate prices to protect its citizens from the forced sale of their family homes by increasing the homestead exemption for single and married persons to $150,000, the same level afforded to persons with physical or mental disabilities or persons over the age of 55 years.

If you share my views on this subject, I urge you to make your views known to your State representatives.

Regards,

Jerry L. Carmody, President

QUOTABLE QUOTES

by Randall "Rex" Erickson

Our Constitution protects everyone--even politicians. (Beilenson v. Superior Court (1996) 44 Cal.App.4th 944, 946.)

The courts of this land recognize only lawful means of acquiring property or changing the form of government. ... Abraham Lincoln, the Great Commoner of America, who was so anxious to preserve this Union, said with respect to such unlawful conduct: "Let not him who is houseless pull down the house of another, but let him work diligently to build one for himself, thus by example insuring that his own shall be safe from violence when built." (People v. Chambers (1937) 22 Cal. App. 2d 687, 708.)

SPRING SUMMIT

SCHEDULED FOR

JUNE 5 IN SAN DIEGO

Leadership is the theme for the State Bar’s Spring Summit (formerly the midyear meeting), featuring speakers who will explore different paths to leadership, potential careers and the meaning of leadership. The summit also marks the inauguration of the Access & Fairness Leadership Academy, a program to provide leadership training to 12 California attorneys who were selected on the basis of their commitment to serve underrepresented communities.

The one-day conference at Paradise Point Resort and Spa in San Diego is scheduled for June 5. Speakers include Robert Grey Jr., president-elect of the American Bar Association, former California Supreme Court Justice Cruz Reynoso, California Court of Appeals Justice Laurie Zelon, Paul Igasaki, former vice chair of the U.S. Equal Employment Opportunity Commission, and Angela Blackwell, Stewart Kwoh and Manuel Pastor, co-authors of Searching for the Uncommon Common Ground.

Program and registration information is available at www.calbar.org/summit or by calling 415-538-2508. Preregistration deadline is May 28.

CLIENT TRUST

ACCOUNTING

HANDBOOK AVAILABLE

The 2003 revised edition of the Handbook on Client Trust Accounting for California Attorneys is available. The handbook is a practical guide created to assist attorneys in complying with the record-keeping standards for client trust accounts.

The handbook includes a copy of the standards and statutes relating to an attorney’s trust accounting requirements, a step-by-step description of how to maintain a client trust account and sample forms.

Copies can be obtained by mail for $10 by sending a request and payment to: State Bar of California, Attn: Trust Accounting Handbook, 180 Howard St., San Francisco, CA 94105.

Copies can be picked up directly from the State Bar offices in San Francisco (180 Howard St.) or Los Angeles (1149 South Hill St.). The cost is $5.

Full text of the handbook also is posted at the bar’s Web site, www.calbar.ca.gov, under the “Ethics” heading in the right-hand menu.

POSITIONS OPEN ON

2005 JNE COMMISSION

Active members of the State Bar who are interested in volunteering to serve on the 2005 Commission on Judicial Nominees Evaluation (JNE Commission) may now apply for an appointment. The JNE Commission, established pursuant to Government Code §12011.5, evaluates all candidates who are under consideration for a judicial appointment by the governor. It is composed of attorneys and public members who represent a broad cross-section of California’s diverse legal profession and general population. Commissioners serve terms of approximately one year and may serve up to three consecutive terms.

The application form, as well as information on the commission, qualifications and time commitment, are available from the web site at www.calbar.ca.gov (select links to Attorney Resources/Committees and Commissions/ Other Entity Appointments) or from the Appointments Office, State Bar of California, 180 Howard St., San Francisco, CA 94105-1639; 415-538-2299.

The application deadline is July 15. The board of governors will make the appointments at its September meeting and terms begin Feb. 1.

The next meeting of the Estate Planning, Trust and Probate Section (co-sponsored with the Criminal Law Section) will be on Thursday, May 13, 2004 from 12:15 p.m to 1:15 p.m. at 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.

This will be a discussion of conservatorship matters including dementia medications, capacity declarations, 811 declarations, venue issues, determining incapacity and HIPAA rules.

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 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, May 11, 2004 from 11:50 a.m. 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.

The speakers will be Judge H. Ronald Domnitz, Juvenile Court Referee Gary Bubbis and Attorney Judith Klein. They will discuss custody and visitation issues affected by the Custody Protocol between Probate Court, Family Court and Juvenile Court.

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.

May, 2004

4          AM     Ron Oberndorfer

            PM      Miranda Franks

5          AM     Frank Puglia, Jr.

            PM      Blaine Phipps

6          AM     Charles Scott

            PM      Joseph Sciarretta

7          AM     Jon F. McKinley

            PM      Conrad Walker

11        AM     Kenyon Young

            PM      Peter Singer

12        AM     Thomas Buchenau

            PM      Tom Castonguay

13        AM     Timothy Cohelan

            PM      Ed Castro

14        AM     Dan Bacal

            PM      Dave Demergian

18        AM     David Egan

            PM      Catherine Tancredi

19        AM     Joseph Fox

            PM      Miranda Franks

20        AM     Elliott Kanter

            PM      Larry Kincaid

21        AM     Leroy Knutson

            PM      Thomas Marshall

25        AM     Garrison Klueck

            PM      Wells Lyman

26        AM     Clare Maudsley

            PM      Jon F. McKinley

27        AM     Ron Oberndorfer

            PM      James Mietzel

28        AM     Frank Puglia, Jr.

            PM      DARK

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

May, 2004

5-5-04             Peter Aex

                        Cheryl Daily

                        Wells Lyman

5-12-04           Marilyn Bierer

                        Robert Bowers

                        Win Heiskala

5-19-04           Gordon Cruse

                        Gary Glauser

                        Gerald Mulder

5-26-04           Michael Has-Ellison

                        Daniel Larkin

                        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