FROM THE PRESIDENT

By Garrison Klueck

A couple of years ago, the County Law Library had a financial crisis. There was a serious threat to close the "Branch Court" Law Libraries, including El Cajon. Organized protests, by the affected Bars, fended off the proposed closures. Two of the major effective protestors were our Bar’s then President, Wells Lyman, and El Cajon Judge Bill Howatt.

That branch closure crisis passed, at least temporarily, in 2001. The County Law Library system never seems to be flush and have an abundance of funding.

This year, the professionals who operate and supervise the Law Libraries are trying to take preemptive action. They know the libraries will have a shortfall and are trying to take corrective action. In that process, they are seeking our help.

The library management has approached the San Diego County Board of Supervisors about adjusting the civil filing fee $3 to cover the library’s budgetary shortfall. That’s right, another filing fees increase on top of the two recent increases to fund the courts. However, this proposed increase is like a pinprick compared to a knife stabbing. As we all know, civil filing fees hovered at $199 for the longest time, several years. In 10 months, that has all changed. Two increases of about $25 and $50 respectively raised fees approximately $75, an increase of about 36%–more than a third. The proposed $3 increase is comparatively trivial.

Part of the need for the increase is related to the other increases. The jump-up of filing fees has caused more litigants to seek fee waivers. The portion of the filing fee devoted to the Law Libraries have remained fixed despite the overall raise. The libraries get the same $29 per filing litigant when the overall fee was $199 as when it is now around $275. If the higher fees cause more litigants to seek fee waivers, the libraries’ budget suffers. Additionally, the drop in stock market values has required the

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

HOLIDAY

The San Diego Superior Court, East County Division will be closed Tuesday, November 11, 2003 for Veteran's Day, Thursday, November 27, 2003 and Friday, November 28, 3003 for Thanksgiving.

REMINDER FROM

THE COURT

Please be reminded that the court requests that no gifts be given any court personnel as it violates the Court Code of Ethics. Your cheerful attitude at the counter and cooperation in the courtroom is greatly appreciated and all the thanks that they need.

CONSUMER REMEDIES

FOR DOG OWNERS

The Business & Professions Code provides the owners of newly purchased dogs numerous rights in the event that the dog suffers illness or it is discovered that the dog has a congenital or hereditary defect. Business & Professions Code Section 122160 mandates pet dealers to provide specific remedial measures when such situations occur.

Business & Professionals Code Section 122160 details specific remedies that a pet dealer must provide when a written statement from a veterinarian is produced stating that within 15 days after the pet purchaser gained physical possession of the dog, the animal fell ill due to an illness that existed on or prior to the delivery of the dog. Additionally, the code mandates that a pet dealer provide similar remedies in the event that the pet purchaser produces a written statement from a veterinarian within one year after the purchaser gained physical possession of the dog.

The written statement must assert that the dog suffered from a congenital or hereditary condition adversely affecting the dog’s heath or that the condition requires or is likely to require hospitalization or nonelective surgery.

When a dog is deemed unfit for sale in either instance, B & P Code Section 122160 requires a pet dealer to provide specific remedies at the election of the purchaser. The purchaser may, for example, return the dog a full refund and for reimbursement of veterinary fees incurred for the diagnosis and treatment due to the illness. Such veterinary bills, however, cannot exceed the total purchase price of the dog.

Additionally, the purchaser may elect to exchange the dog for a dog of equivalent value and obtain reimbursement of veterinary fees. The purchaser may also choose to retain the dog and seek reimbursement for veterinary fees. When a purchaser chooses to retain the dog, the reimbursement fees cannot exceed 150 percent of the total original purchase price of the dog.

Finally, in the event that the dog dies, the purchaser may demand a complete refund or a replacement dog of equivalent value in addition to reimbursement for veterinary fees. The purchaser must provide written documentation from a veterinarian stating that the dog’s death was due to an illness or disease that existed within 15 days after the purchaser obtained physical possession of the dog, or that the death was due to a congenital or hereditarily condition that was diagnosed by the veterinarian within one year following physical possession by the dog purchaser.

FROM THE

PRESIDENT

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libraries to have to again allocate part of their budgets to funding the PERS retirement accounts. For several years, the actions of the markets themselves funded the pensions and no annual contributions were necessary. Also, attorney memberships (paid borrowing privileges) have dropped off due to most attorneys doing their research on-line or on CD.

A much higher percentage of library users, than ever before, are the pro per or self-represented. However, it is obvious that it is in everyone’s best interest, the bench and the bar, that those self-represented file proper pleadings and appropriate evidence. They learn how to do that at the Law Library with the aid of the libraries’ very able and patient staff.

As a Bar, we are writing the Board of Supervisors to support the library. Your Board has voted to write the County Board. Additionally, individual members are urged to support the Law Libraries. Join as an individual and write the Board of Supervisors to support the $3 increase. Diane Jacob, who represents the East Count, is a powerful and experienced member who will be Chairperson next year. The Law Libraries can be maintained with the help of the Bench and the Bar. The vote will be taken in late November or early December. We need to act now!

THE FOOTHILLS BAR ASSOCIATIONS'S INVOLVEMENT IN ASSISTING LOCAL FIRE VICTIMS

The recent firestorms in San Diego County have caused great property damage and loss of life. We are all thankful for the firefighters who have dedicated their lives to protect our property and loved ones.

Our work on the Firestorm Volunteer Lawyer program is evolving and we will continue to provide you with information as it becomes available either via e-mail or fax.

Please read Jerry Carmody's enclosed letter and use the enclosed volunteer application form to assist the fire victims with their devastating losses.

In case you missed the article in the newspaper, here is a copy of the news release.

Lawyers To Provide Free Legal Assistance to Fire Victims

SAN DIEGO, CA, October 29, 2003 -- With devastating wildfires still raging, the county’s lawyers are banding together in an effort to coordinate free legal

services for the thousands of families whose lives have been disrupted.

This will include providing legal information at Disaster Recovery Centers across the county and referrals to qualified lawyers who will advise fire victims free of charge.

Those impacted by the fires with legal questions can call a toll-free hotline at (800) 464-1529. “Our goal is to provide effective legal guidance to those who have suffered losses in the fires,” said San Diego County Bar Association President Christopher W. Todd, chair of the coalition of law-related groups working together on the program. “And, we’ve had a tremendous response from the legal community.”

Legal issues faced by the fire victims will run the gamut from insurance coverage to landlord-tenant concerns to employment questions.

The program will connect those affected by the wildfires in San

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FIRE VICTIMS

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Diego County to experienced lawyers who will advise them. The lawyer assigned will not charge the client for his or her legal services. Services will be available in both English and Spanish.

The lawyers in San Diego County “are always eager to help those in need, and this crisis is no exception.” Todd said. “In fact, offers of assistance started coming in as soon as the fires broke out.”

The coalition is comprised of area law-related groups including the San Diego County Bar Association, Lawyers Club of San Diego, Consumer Attorneys of San Diego, Bar Association of Northern San Diego County, Foothills Bar Association, Cardozo Society, the San Diego Volunteer Lawyer Program and the Legal Aid Society of San Diego, together representing the over 12,000 lawyers in San Diego County

QUOTABLE

QUOTES

by Rex Randall Erickson

"In law it is a good policy never to plead what you need not, lest you oblige yourself to prove what you cannot." (Abraham Lincoln, Letter to Usher F. Linder (Feb. 20, 1848) in The Quotable Lawyer (Shrager & Frost edits. 1986) P 96.6, p. 241.) (Korech v. Hornwood (1997) 58 Cal. App. 4th 1412, 1420.)

"[A]ppellant may have some cause to complain of a want of fair dealing; but when corporate bodies are contracting with each other they should keep in remembrance the old saying of Lord Coke, that corporations have no souls." (San Diego Water Company v. San Diego Flume Company (1893) 100 Cal. 43, 60-61.)

The next meeting of the Criminal Law Section will be on Thursday, November 20, 2003, from 12:15 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 TJ Demme, a former Driver Safety officer for the Department of Motor Vehicles. He will speak regarding DMV and Admin Per Se hearings.

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, November 20, 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. Nancy Ewin will contact members in advance to advise 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, November 18, 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 Kathy Brown, Client Liaison, Forensics Consulting Solutions, LLC. She will discuss "Unlocking the Power of Electronic Discovery." This meeting is co-sponsored by the Civil Law Section, Criminal Law Section and Estate Planning Section.

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.

November, 2003

4        AM     Ron Oberndorfer

          PM     Blaine Phipps

5        AM     Frank Puglia

          PM     Thomas Marshall

6        AM     Charles Scott, Jr.

          PM     Peter Singer

7        AM     Kenyon Young

          PM     Ed Castro

11                 HOLIDAY

12      AM     Conrad Walker

          PM     Joseph Sciarretta

13      AM     Dan Bacal

          PM     Tom Buchenau

14      AM     Timothy Cohelan

          PM     Tom Castonguay

18      AM     Dave Demergian

          PM     Catherine Tancredi

19      AM     Miranda Franks

          PM     David Egan

20      AM     Elliott Kanter

          PM     Jon F. McKinley

21      AM     Joseph Fox

          PM     Leroy Knutson

25      AM     Larry Kincaid

          PM     No calendar

26      AM     No calendar

          PM     No calendar

27                 HOLIDAY

28                 HOLIDAY

          FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

November, 2002

11-5-03         Richard Annis

                     Warren Haviland

                     Garrison Klueck

11-12-03       Peter Aex

                     Robert Bowers

                     Brian Cochran

11-19-03       Gordon Cruse

                     David Schulman

                     Marc Shular

11-26-03       William Daley

                     Richard Feuerstein

                     Frank Nageotte