FROM THE PRESIDENT

By Jack McCabe

My term as President is now two-thirds completed and it seems like only yesterday that we were enjoying the annual dinner production of Wells Lyman and his committee. As Vice President, Garrison Klueck, has frequently noted, he is but a heartbeat away. Each time the subject is raised, I am reminded of how fragile and how uncertain is our future, and how much I need to make each day and each personal contact as meaningful as I can. Tragedies and personal losses have a unique way of bringing us all closer together, just as time is unique in its healing abilities. And with all the somber news bombarding us daily, we need to take time out to just unwind, deprogram, veg out, restore, refresh, recuperate, or whatever best describes that care for self and of self that enables us to do more than just maintain, but to live well and look forward to each day. One thing is undeniably true---taking time for you will benefit all persons who are important to you. The "in box" should never be empty. It is okay to say "no" to a client you perceive as too problematical. There will be another client, another day, a means to maintain the overhead and meet those personal expenses. Taking care of you is of paramount importance.

The Board and the Membership sends their heartfelt condolences to Dan Conaway on the passing of his wife, Claudia, who put up a valiant, but losing fight against pancreatic cancer. And the Board and the Membership send their proud thanks to Board member, Jocelyn Medrano, for her organization of our recent blood drive. FYI, we are planning a social event for members and court staff in October which we hope will be an opportunity to just have fun without an underlying educational motive or at some inordinate cost. Our annual seminar, aimed at providing the often hard-to-get MCLE units, will be held November 2, 2002. More information on both will come your way in the weeks ahead.

Take care and take some time out for you.

FROM THE SMALL

CLAIMS ADVISOR

by Donna Morel

THE USE OF

INTERPRETERS IN

SMALL CLAIMS COURT

Issues often arise regarding the use of interpreters in small claims court. Code of Civil Procedure Section 116.550 mandates the postponement of the small claims hearing when a court interpreter, or other interpreter deemed competent, is not available to assist a party that does not comprehend English sufficiently to understand the small claims proceedings. The postponement in allowed only one time in order to assist the party in need of an interpreter. Thereafter, additional postponements due to the need for an interpreter are entirely at the court's discretion.

Code of Civil Procedure 116.550 also requires that the small claims court make a reasonable effort to make available to parties a list of interpreters who can assist in small claims actions, on either a voluntary basis or through reasonable monetary compensation. Such a list is required to include the names of interpreters for all languages that require interpretation before the court, as based upon the court's experience and discretion.

The small claims proceedings, however, are unaffected when the court fails to maintain a list of interpreters. CCP 116.550 (c) states that failure to maintain such a list or to include an interpreter for a specific language does not invalidate any proceeding before the court.

FBA GOLF

TOURNAMENT

Dan Bacal has coordinated another golf tournament aka, the "4-person scramble." The tournament is scheduled for Thursday, September 12, 2002 and begins at 1:00 p.m. at the Cottonwood Golf Course. Tickets are $70.00 per golfer and include green fees, cart, beer cart, hats and food. Of course, "fabulous prizes" will be awarded to the winners. Checks must be received no later than September 3, 2001. Please call Dan Bacal at 588-2064 for a flyer to make your reservation.

HOLIDAY SCHEDULE

Please note that the East County Superior Court will be closed for the observance of Labor Day on Monday, September 2, 2002.

LAWYERS CLUB

HAPPY HOUR

SOCIAL

The Lawyers Club will hold a happy hour social to welcome new members on Thursday, September 12, 2002 from 5:00 p.m. to 7:00 p.m. at the "On The Border" restaurant just east of Parkway Plaza. Please call Michelle Mierzwa at 590-1300 for more information.

QUOTABLE

QUOTES

by Rex Randall Erickson

“[C]ourts should allow parol evidence to explain special meanings which the individual parties to a contract may have given certain words. ... [Fn. 50] The most famous example of "special meaning" probably comes from literature, not law. (See Carroll, Alice's Adventures in Wonderland and Through the Looking-Glass (Collier Books 1962) p. 247 [conversation between Alice and Humpty Dumpty, in which Humpty Dumpty gives the word "glory," a special meaning, i.e., "a nice knock-down argument"].) (ACL Technologies, Inc. v. Northbrook Property and Casualty Ins. Co. (1993) 17 Cal.App.4th 1773, 1794).

The next meeting of the Criminal Law Section will be on Thursday, September 26, 2002 from 12:00 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 Michael Crowley, Esq. who will speak regarding Federal and State crossover issues including identifying potential Federal court issues, properly advising clients regarding the effects of domestic violence and felony conviction gun prohibitions and concurrent state and federal sentencing issues.

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 Sheryl.

The next meeting of the Estate Planning, Trust and Probate Section of the Foothills Bar will be held on Thursday, September 12, 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 topic will be the Law of Health Care Decision Making.

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, September 10, 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 topic will be "taking the mystery out of Family Court Service. The speakers will be Beverly Pruitt, Corinne Butts, Genevieve Clapp, Ruth Hatcher, Judy Kelling, Jim Stanley and Ken Wilcox.

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 Judi, Bud or Ed.

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:

SMALL CLAIMS COURT

Please be prepared to take the

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

September, 2002

3        AM     Garrison Klueck

          PM     Clare Maudsley

4        AM     Jon McKinley

          PM     Thomas Marshall

5        AM     Frank Puglia

          PM     James Mietzel

6        AM     Blaine Phipps*

          PM     Ron Oberndorfer *

10      AM     Charles Scott Jr.

          PM     Thomas Buchenau

11      AM     Kenyon Young

          PM     Peter Singer

12      AM     Dan Bacal

          PM     Joseph Sciarretta

13      AM     David Demergian

          PM     Wells Lyman

17      AM     David Egan

          PM     Catherine Tancredi

18      AM     Joseph Fox

          PM     Edward Castro

19      AM     Elliott Kanter

          PM     Timothy Cohelan

20      AM     Elliott Kanter*

          PM     Leroy Knutson

24      AM     Clare Maudsley

          PM     Wells Lyman

25      AM     Jon McKinley

          PM     Thomas Marshall

26      AM     Garrison Klueck

          PM     Frank Puglia

27      AM     Conrad Walker

          PM     Frank Puglia

Updated list - * indicates substitutions made

FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

September, 2002

9-4-02           Chuck Fougeron

                     Mike Has-Ellison

                     Jeff Stacer

9-11-02         Cheryl Daily

                     Thomas Marshall

                     Beth Sample

9-18-02         Brian Cochran

                     Gary Glauser

                     Stanwood Johnson

9-26-02         Peter Aex

                     Thomas Buchenau

                     Gerald Mulder

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022