FROM THE PRESIDENT

By Joseph Fox

It is very difficult to sit and write this article while I’m thinking about my forthcoming trip to Israel next week. However, it’s a tough job, and somebody’s got to do it.

Last month I wrote about two programs our Association agreed to participate in. The “Children’s Book Drive, to take place during law week, April 30 through May 6, 2005, and, a “Storm Night for Literacy,” to take place on July 23, 2005.

Thinking about these programs and reviewing some recent correspondence from the State Bar about Nominations for Achievement Awards and high school outreach programs developed by other local bar associations, I started thinking about what our Association does in the way of community outreach. We have CLE programs for our members, a golf tournament, and annual installation dinner. But, what do we really do in the way of outreach to our east county community. I can only think of one program, our annual Law Week free legal assistance program with the East County Law Library.

I, for one, feel we need to do more. One way to start doing something is to participate, by more than lending our Association’s name for support, in the Children’s Book Drive by collecting new or used books for children from Kindergarten through 12th grade. You can also participate as a reader and lead a school class in reading. If you are interested in doing this please contact Magistrate Leo Papas atLeo_Papas@casd.uscourts.gov or Nicole Brown at kbrown@law.cwsl.edu.

We should also consider developing our own outreach programs, whether to local high schools, senior centers, or other groups that would benefit from our working with them. I welcome your thoughts and input in

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

Holiday Schedule

The San Diego Superior Court, East County Division will be closed for Memorial Day, Monday, May 30, 2005.

Procedures for Motion

to Vacate Appeals

Many small claims litigants have expressed confusion regarding procedures relating to a defendant's right to file an appeal of a denial of a motion to vacate. Litigants should be aware that the singular purpose of the appeal hearing, heard in Superior Court, is to determine whether the defendant's prior motion to vacate should have been granted, and, if warranted, to grant his appeal.

Per Code of Civil Procedure Section 116.730, a defendant may file a motion to vacate a small claims judgment in the event that he failed to appear at the small claims hearing. The motion to vacate must be filed within 30 days from the date of the mailing of the entry of the small claims judgment.

At the motion to vacate a hearing the defendant must provide a good cause showing to account for his absence from the small claims hearing. If the Court finds the defendant's reason for his absence legitimate, the Court will vacate the prior judgment. Moreover, if both the plaintiff and defendant are present and agree, the Court may proceed in hearing the small claims action. In the event the parties do not agree, or if either party is not present at the motion to vacate hearing, the Court must set up a new Court date to hear the small claims action.

If the defendant's motion to vacate is denied by the Court, the defendant may file an appeal of the denial of the motion to vacate. The appeal must be filed with the Court within 10 days after the mailing or delivering of the notice of denial (CCP Section 116.730 (e)).

Thereafter, the appeal of the denial is heard in Superior Court. The sole issue for the appeal is to assess whether the defendant had good cause for his absence from the original small claims hearing. The underlying substantive issues of the small claims case are not to be heard prior to a determination as to the validity of the defendant's appeal of the denial of the motion to vacate.

In the event that the Superior Court finds that the defendant's motion should have been granted, the small claims judgment against the defendant will be vacated. After the Superior Court has made such a determination, if both parties are present at the appeal hearing, the Court may thereafter proceed with a new small claims hearing. Additionally, upon granting the appeal of the denial of the motion to vacate, the Superior Court may have the case transferred to the claims Court (CCP Section 116.730 (f)).

Change in Small Claims Calendar Hours - EAST COUNTY DIVISION

Beginning July 1, 2005, hearings on small claims cases will be calendared at 8:00 a.m. only (business and non-business cases). The change was made to utilize the Court's time as effectively as possible and to provide the best possible service to the public.

The East County Division anticipates having two mediation groups in place by July. In addition to the San Diego Mediation Center (a division of NCRC), which currently provides mediation services, Thomas Jefferson Law School is planning to have student mediators here one day a week under the direction of a supervisor fully trained in mediation. A consolidation of the two calendars into one will allow non-business matters to be mediated and resolved prior to trial while business cases are simultaneously being handled in the Courtroom. The new calendar hour for all cases will be a win-win for both pro tems and Court customers.

FROM THE

PRESIDENT

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establishing one community outreach program this year. We can borrow good ideas from others or come up with our own. Some of the interesting programs developed by other bar associations include: School to College - helping to usher high school students to attend college; Citizens’ Law School - to educate the public about the law and our legal system; Mentor Program - pairing off with high school students who are interested in the practice of law; Dialogues on Freedom - conducting discussions with high school students about democratic principles and freedoms, modeled on the ABA program; and Break the Cycle - a juvenile crime diversion program. These are just a few of more than 50 programs listed by the State Bar.

We can really establish a name for our Association by reaching out into the community. I would appreciate your help and assistance in establishing one outreach program this year. Then, maybe, we can establish another next year, and one for each year thereafter. I look forward to hearing from or members with ideas for establishing such programs, and hopefully to start one this year.

Regards,

Joseph Fox, President

FROM THE

EDITOR

by Catherine Tancredi

I have enjoyed writing articles which hopefully have helped you in your practice. Those bits of advice were helpful, time-saving and cost-effective but not as priceless as my staff. This month, I will discuss how to hire appropriate staff and how to keep them!

I remember the hiring process. In 1985, I was just finishing my B.S. at SDSU in Criminal Justice Administration with an eye towards law school 'someday.' I had been a secretary for five years working at Crisis House in El Cajon. I went on an interview, told Dawn Walter of my aspirations and was hired. Fast forward about 10 years or so when I was hiring my own secretary. I purposely avoided hiring anyone who said that they wanted to be an attorney. I was very fortunate to hire a wonderful woman who was very happy being the 'support staff' and my secretary.

This is important for really only one reason - since my staff did not want to be an attorney, I did not have to worry they would lead me to malpractice because they gave (bad) legal advice or other misinformation. My secretary was able to say 'I don't know' and 'you'll have to wait for the lawyer.' She never guessed at answers for clients or acted as if she knew what the law was (even when she did know it!)

I think that once you have found the right staff, you have to reciprocate by being a really good boss. I was fortunate to have worked for five years for Roy Withers who allowed me time off to study for the bar, brought 'goodies' into the office and told everyone to go home at 3:00 p.m. every Friday. That was even when we were in the middle of litigation in the Madalyn Murray O'Hair fiasco.

I always allowed my staff to take time off for any of their children's school events or if their child was sick. I also was understanding about vacations and other extended leaves. I did expect the work to be completed though, either before leaving or immediately upon returning. I scheduled my caseload so we did not have tons of 'emergencies.' I also paid the total payroll (salary and all taxes) into a separate account so it would be there for payment when due so my staff never had to worry about whether their taxes had been paid.

Because I was considerate to my staff, they had no problem taking care of my office when I took maternity leave and were helpful when I brought Stephen to the office. The peace of mind we felt was worth it, that and closing the office at 3:00 p.m. (or even earlier sometimes) on Friday afternoons.

QUOTABLE QUOTES

by Randall "Rex" Erickson

"The tenderest feelings of the human heart center around the remains of the dead." (Christensen v. Superior Court (1991) 54 Cal. 3d 868,895.)

"Unfortunately, the majority has forgotten the teachings of H.L. Mencken: ‘every human problem’ has a ‘solution’ that is ‘neat, plausible, and wrong.’ (Mencken, Prejudices: Second Series (1977 reprint) p. 148.)" (Kasky v. Nike, Inc. (2002) 27 Cal. 4th 939, 978 (dissent).)

FBA GOLF

TOURNAMENT

Dan Bacal has coordinated another golf tournament aka, the "4-person scramble." The tournament is scheduled for Thursday, September 8, 2005 and begins at 1:00 p.m. at the Cottonwood Golf Course. Tickets are $75.00 (pending notice per Dan) per golfer and include green fees, cart, beer cart, hats and food. Of course, "fabulous prizes" will be awarded to the winners. Additional information will be provided in future newsletters but in the meantime, please contact Dan Bacal at 588-2064 if you have any questions.

The next meeting of the Criminal Law Section will be on Thursday, May 19, 2005 from 11:45 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 speaker will be Ed Torrence, a retired Navy Judge Advocate, who will address practical concerns for civilian attorneys who represent military personnel in criminal trials under the UCMJ. Topics include qualifications to practice in General and Special Courts-Martial, the military jury, retainers and getting paid.

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 will be held on Thursday, May 12, 2005 from 12:15 p.m 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, enjoy the meeting and earn one hour of MCLE.

This meeting is tentatively scheduled pending contact with Nancy Ewin. The, speaker and topic will be determined. Please contact Nancy Ewin's office at 619-698-1788 to confirm these meetings.

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 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 is tentatively scheduled for Tuesday, May 10, 2005 from 11:45 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 speaker will be David C. Carr who will discuss the ethical minefields of Family Law, common bases for State Bar complaints, trust accounting violations and "what to do when the state bar calls. . . " Mr. Carr is a former State Bar prosecutor, serving 12 years in that office.

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 Bud, Ed or Judi.

SMALL CLAIMS COURT

Please be prepared to take the

bench at 8:15 a.m.

May, 2005

3          Miranda Franks

4          Elliott Kanter

5          Garrison Klueck

6          Larry Kincaid

10        Wells Lyman

11        Thomas Marshall

12        Clare Maudsley

13        Jon McKinley

17        James Mietzel

18        Ron Oberndorfer

19        Kristine Nesthus

20        Barry Pasternack

24        Charles Scott

25        Kenyon Young

26        Catherine Tancredi

27        Dan Bacal

31        Tom Buchenau

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

May, 2005

5-4-05             Karen Chettle

                        Anthony Dunne

                        Sheryl Graf

                        Carl Sizemore

5-11-05           J.R. Givens

                        Dan Larkin

                        Judy Marolt

                        Jeff Wade

5-18-05           Richard Freed

                        Barton Noone

                        Charles Schmidt

                        Lauri Stock

5-25-05           Brian Cochran

                        Daniel Grunbaum

                        Ed Torrence

                        Joseph Vrbancic

2005 SECTIONS:

CIVIL LITIGATION

Chair: Mark R. Raftery 589-8800

Members: Jerry L. Carmody, Sam Parise

CRIMINAL LAW

Chair: Daniel Cohen 697-0333

Member: Andrea Schneider

ESTATE PLANNING

Chair: Nancy Ewin 698-1788

Members: Miranda Franks, Joselina Medrano

FAMILY LAW

Chair: Edward Torrence 698-6059

Members: Judith Klein, Bud Klueck

2005 COMMITTEES:

ANNUAL DINNER

Chair: Joseph Fox (858) 527-0111

Members: Jerry Carmody, Edward Torrence, Wells Lyman

COMMUNITY SERVICE

Chair: Joselina Medrano 562-9999

COURT LIAISON

Chair: Joseph Fox (858) 527-0111

Member: Miranda Franks

GOLF TOURNAMENT

Chair: Dan Bacal 588-2064

LAW DAY

Chair: Jerry L. Carmody 667-9600

HARD-TO-GET CREDITS

SEMINAR

Chair: Judy Marolt 442-1857

Members: Judith Klein, Joselina Medrano

MCLE

Chair: Daniel Cohen 697-0333

Member: Joselina Medrano

MEMBERSHIP

Chair: Edward R. Torrence 698-6059

PUBLICATION

Catherine Tancredi 579-7876

SPECIAL EVENTS

Chair: Judith Klein 698-1882

Member: Jerry L. Carmody

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022