FROM THE PRESIDENT

By Jack McCabe

"And come he slow, or come he fast,

It is but Death who comes at last."

The words of Sir Walter Scott are timeless and universal in their

application. Although I would much prefer to shed that Irish melancholia aspect of my personality, sometimes it seems inevitable that it will surface and need airing. As I employ my hunt and peck handicap on the keyboard this date, word comes that we have lost still more colleagues. Mary Slovinsky, 43, a Family Law lawyer in practice in South Bay with her husband, Gustavo, slipped away with very few of us knowing that she was even ill.

Craig Conners, 38, was struck and killed crossing the street one

evening earlier this month. I had joked with him two days earlier at the downtown courthouse. Also from South Bay and a skilled criminal advocate, Thomas Ulovec, left us quietly. Closer to home, Lee Selvig, a sensitive, caring Family Law and Juvenile attorney for decades, passed suddenly.

And then we lose the namesake of one of our favorite judges---J. William Beard, Jr., 51, and a deputy DA in Imperial County succumbed from injuries sustained in an accident. Our collective and sincerest sympathies are extended to the families and loved ones.

On a less somber note, our Annual Seminar featuring those "hard to get" MCLE credits will take place November 2, 2002 at the Community Center on Douglas. It is promised to be a streamlined and informative seminar that will get you out the door as close to noon as possible. The social event for members and court personnel in conjunction with the Wieghorst Museum Foundation, originally planned for October, will be pushed back at least another month due to scheduling delays in the Museum's restoration project that is occurring on Rea Avenue.

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

CONSUMER LAW AND

SMALL CLAIMS

CONFERENCE

The California Consumer Affairs Association, in conjunction with the California Small Claims Court Advisors Association, will hold its annual meeting on Wednesday, October 9, 2002 at the Hilton Hotel in Sacramento.

The meeting, entitled, "Capitol Ideas on Consumer Protection" will feature guest speakers, including Bill Lockyer, the California Attorney General, and Kathleen Hamilton, the director of the California Department of Consumer Affairs. The conference agenda will focus on legislative updates pertaining to consumer actions, the growing area of privacy rights issues, and detailed information involving consumer scams that have transpired in California.

One day of the conference will be relegated to new laws and practices involving small claims actions. Additionally, advisors throughout the state will provide presentations and engage in discussion regarding prevalent substantive and procedural law pertaining to small claims actions.

The El Cajon Small Claims Advisory will be closed from October 9th through October 11th, during the three days of the conference.

HOLIDAY NOTICE

The Court will be closed for Columbus Day on Monday, October 14, 2002.

DISSOMASTER ROOM

FOR ATTORNEYS

The East County Court has set up a computer loaded with Dissomaster for use by counsel. The computer is located on the second floor next to the Substance Abuse Assessment Unit. A sign on the door indicates that it is the Family Law Dissomaster Room and the key can be unlocked by any bailiff with a master key.

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.

LAWYER'S CLUB

BROWN BAG LUNCH

MEETING

On Wednesday, October 23, 2002 from 12:00 noon to 1:00 p.m. at the El Cajon Superior Court, Department 6, the East County Lawyer's Club will have a brown bag lunch meeting. The speakers will be Heather Rosing, Esq. and Andrew Kohn, Esq. of Klinedinst, Fliehman & McKillop, who will speak regarding how to avoid legal malpractice claims including various ethical pitfalls attorneys face, relevant Rules of Professional Conduct, obtaining a proper written waiver of conflict, disengagement letters and liens. There is no fee for this brown bag meeting and one hour of MCLE credit will be given. For more information, please contact Ninah Hunter at (619) 697-0201.

FROM THE

PRESIDENT

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Please watch for notice of our annual general meeting for the election of directors. The Association welcomes all nominations and you can forward them to me via fax at 619-692-1229 or email at jjmccabe@cts.com.

Stay well and take some quality time for you and those you love....please.

RECENT SETTLEMENTS

Patrick F. O’Connor, on a referral from Ed Marsh, recently received a $2.1 million settlement in the case of Clokey v. Sharp Rees-Stealy Corporation. Terrance Clokey, while picking up his TB test results on February 14, 2001, from the Sharp Rees-Stealy clinic at 1240 Broadway in El Cajon, tripped on a mat placed on top of the carpet in front of the door in the waiting room. The mat had been a source of several stumbles among both staff and patients but no one had removed it. Clokey hit his head on the door jamb and suffered incomplete quadraplegia, spasticity disorder, neurogenic bladder, neurogenic bowel, and other ailments. He is able to walk with a cane. The settlement is structured with funds for medical care and lifetime income to the client. The potential payout to the client is in excess $4.5 million.

In another matter, Patrick F. O’Connor and Kim Newbrough settled the case of Tariq Daniyal v. Coo Coo Club for $250,000. Mr. Daniyal, a 56 year old Chaldean and two Chaldean friends were drinking at the Coo Coo Club in Lakeside when they were followed out of the bar by patrons and an altercation erupted. Versions between the victims and the perpetrators vary as to what happened but Daniyal, who both sides agree was not involved in the altercation, received a blow to the head which fractured the bones around his left eye and caused deafness in the left ear, and other ailments.

COMPARISON OF

EVIDENCE CODE WITH

FEDERAL RULES

The California Law Revision Commission is commencing a study of whether the Evidence Code should be revised to incorporate approaches used in the Federal Rules of Evidence. Professor Miguel A. Mendez of Stanford Law School is preparing a background study for the Commission on the topic.

The background study will be divided into eight parts:

1) hearsay and its exceptions;

2) expert testimony and the opinion rule;

3) the rule of judge and jury;

4) evidence excluded by extrinsic policies;

5) presumptions and burdens of proof;

6) authentication and the best evidence rule;

7) competency of witnesses and witness credibility

8) judicial notice.

The first two parts are complete; others are in progress. The Commissions began consideration of issues relating to hearsay at a meeting held on September 13, 2002.

Persons interest in participating in this study and receiving materials relating to the study should notify the California Law Revision Commission, 4000 Middlefield Road, Room D-1, Palo Alto, CA 94303-4739. The background study and other materials relating to the study will also be available at the Commission's website (www.clrc.ca.gov).

QUOTABLE

QUOTES

by Rex Randall Erickson

[A]ppellant proposes that his priors were not "numerous," citing such dictionary definitions as "very many; forming a great number," and urging that five, by any definition, is not numerous. In the abstract five as a quantity may not indicate "very many" or "a great number," but when it is applied to prior criminal adjudications, common sense dictates that it is more than ample to justify application of the rule. If the law were to suppose otherwise, then as Mr. Bumble remarked, "the law is a ass, a idiot." [Charles Dickens, Oliver Twist (ch. 51)]. (People v. Simpson (1979) 90 Cal.App.3d 919, 925, see also Horton v. Horton (1953) 115 Cal. App. 2d 360, 367 (see also Mesa Forest Products, Inc. v. St. Paul Mercury Ins. Co. (1999) 73 Cal. App. 4th 324, 331.)

JOB OPPORTUNITIES

Jack McCabe receives notices from the Judicial Council of California, Administrative Office of the Courts for employment opportunities for attorneys. Although many are for appellate districts outside San Diego, if interested, check the website at www.courtinfo.ca.gov/jobs.

The next meeting of the Civil Litigation Section will be held on Tuesday, October 22, 2002 from 12:00 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 Paul L. Van Loon, Esq., District Vice President of the American Arbitration Association. This is a nuts and bolts discussion on the practical aspects of arbitration; how to avoid various pitfalls that can be costly and lose your contractual right to arbitration; and, bringing third party non-signatories into arbitration. This is the first course in a series of Alternative Dispute Resolution lectures encompassing Arbitration Advocacy, Mediation Advocacy, Elimination of Bias in ADR, Ethics in ADR, Drafting Effective ADR Clauses, and Drafting Employment Agreements. See enclosed flyer for additional information.

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 Sam or Joseph.

The next meeting of the Estate Planning, Trust and Probate Section will be held on Thursday, October 10, 2002 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 will be Nancy Eberhardt, from the Probate Examiner's office, who will discuss what is new in the Examiner's Office and Probate Examining.

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, October 8, 2002 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 speakers Brooke Guild, Aaron Mickaelian and Kim Adams. The topic is "Services available at little or no cost to troubled families."

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

Angelo “Sam” Parise (858) 674-6660

CRIMINAL LAW

Daniel Cohen 697-0333

Sheryl Graf 440-5716

ESTATE PLANNING

Scott Cole 460-2080

Nancy Ewin 698-1788

Joselina Medrano 562-9999

FAMILY LAW

Judi Klein 698-1882

“Bud” Klueck 448-6500

Edward Torrence 698-6059

COMMITTEES:

ANNUAL DINNER

Sheryl Graf 440-5716

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

NEWSLETTER

Catherine Tancredi 579-7876

PUBLICATIONS

Sheryl Graf 440-5716

SPECIAL EVENTS

Wells Lyman 589-9984

WEBSITE

Dana Wynn 485-5518

SMALL CLAIMS COURT

Please be prepared to take the

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

October, 2002

1        AM     Ron Oberndorfer

          PM     Charles Scott Jr.

2        AM     Blaine Phipps

          PM     Conrad Walker

3        AM     Kenyon Young

          PM     Joseph Sciarretta

4        AM     Dan Bacal

          PM     Frank Puglia

8        AM     Thomas Buchenau

          PM     Catherine Tancredi

9        AM     Peter Singer

          PM     Ed Castro

10      AM     Timothy Cohelan

          PM     David Demergian

11      AM     David Egan

          PM     Miranda Franks

15      AM     Joseph Fox

          PM     Larry Kincaid

16      AM     Jon McKinley

          PM     Wells Lyman

17      AM     Garrison Klueck

          PM     Clare Maudsley

18      AM     Leroy Knutson

          PM     Thomas Marshall

22      AM     Elliot Kanter

          PM     James Mietzel

23      AM     Frank Puglia

          PM     Ron Oberndorfer

24      AM     Timothy Cohelan

          PM     Conrad Walker

25      AM     Charles Scott Jr.

          PM     Blaine Phipps

29      AM     Kenyon Young

          PM     Catherine Tancredi 

30      AM     Dan Bacal

          PM     Ed Castro

31      AM     Thomas Buchenau

          PM     DARK

FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

October, 2002

10-2-02         John Keeling

                     Michael Love

                     Stephen Murphy

10-9-02         Barton Noone

                     Richard Peterson

                     David Schulman

10-16-02       Larry Kincaid

                     Wells Lyman

                     Nancy Taylor

10-23-02       Richard Freed

                     Richard Feurestein

                     Jeff Fritz

10-30-02       Mike Has-Ellison

                     Thomas Marshall

                     John Tannenberg

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022