FROM THE PRESIDENT

By Garrison Klueck

Around the time that you read this column, three of the Bar's Officers will either be preparing for, be attending or have just returned from attending the State Bar Convention. This State Convention is in Anaheim in Orange County. By the way, the State Bar Convention is scheduled to return to San Diego a couple of years from now in September, 2005.

This year's State Bar Convention represents a return to the Convention, in a formal way, by your Bar. My understanding is that the Foothills Bar used to send delegations to the State Convention Conference of Delegates, but has not done so in recent years. I do not think we have sent delegates to the Conference of Delegates since the early 90s, if not longer ago. As you might imagine, some of us have attended the State Bar Convention as individuals to get extra MCLE credits, particularly when the event has been in San Diego or near-by venues like Anaheim. Some others of us have participated in the Conference of Delegates with the San Diego County Bar Association ("SDCBA"), as most of the Foothills Bar members are also members of the County Bar. (I personally attended, as a delegate to the Conference of Delegates with the SDCBA in 1996 and 1997, when I was on the downtown Bar's Board in the late 90s.)

This year, however, some of us are attending this time not just to get MCLE credits or as part of the delegation of another bar but proudly as officers of the Foothills/East County Bar. We will have only one vote and one alternate. To put these numbers in prospective, SDCBA has over a hundred delegates, the North County Bar has 3 as does Lawyers Club. We will be small; but we are establishing a "beachhead" that will grow in future years.

Future beachheads aside, there is a serious rationale behind our actions. As an organization, we have been in existence for about                                                                                                       

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

CLAIMS AGAINST

UNLICENSED

CONTRACTORS

In recent years, significant changes in the law have been enacted regarding civil actions against unlicensed contractors. Under Business & Professions Code Section 7031, for example, litigants having obtained services from an unlicensed contractor may sue for the entire amount of monies paid to the contractor rather than actual damages incurred. Many litigants, however, are unaware of a long-standing law allowing for recovery from unlicensed contractors when work is performed causing personal injury.

Code of Civil Procedure (CCP) Section 1029.8 states that when an unlicensed contractor who is responsible for injury to a person shall be liable for treble the amount of the damages assessed due to the injury. Such injury must be sustained due to services rendered or materials provided by the contractor.

CCP Section 1029.8, however, allows for an exception to the imputation of treble damages. The section does not apply to individuals, partnerships and corporations performing contracting work under a good faith belief that they are properly licensed and performing services permitted under such a license.

Additionally, CCP Section 1029.8 provides that contractors who lack a license due to failure to pay renewal fees but who are eligible for automatic renewal are not deemed “unlicensed contractors” and therefore not subject to treble damages for personal injury.

JUDGES CORNER

Effective August 26, East County is making several changes in their Courtroom assignments. Judge Louis Hanoian will transfer to Department 9; Judge Lantz Lewis transfers to Department 16; Judge Patricia Cookson transfers to Department 4 and Judge Christine Goldsmith goes to Department 8 which are all criminal trial departments. After 24 years at El Cajon, Judge Larrie Brainard will be transferring to Department 41 at the Central Division.

Judge DeAnn Salcido will be transferring to East County and will be handling Family Law cases in Department 6. Judge DeAnn Salcido was appointed to the San Diego Superior Court after spending five years as a prosecutor for the Los Angeles District Attorney’s Office and eight years in private practice. She prosecuted criminal cases as a deputy district attorney from 1989 to 1992. After spending several years handling civil litigation matters with two San Diego firms, she returned to the public sector when she joined the San Diego district attorney’s office at the end of 2000.

Judge Salcido filled the vacancy created by the retirement of Judge Victor E. Ramirez. She was admitted to the bar in 1989 after receiving her law degree from UCLA, where she was the student body president. Since graduating from UCLA, she has continued to be active in professional and community organizations, including the Hispanic National Bar Association and the Mexican American Business & Professional Association. She also served as president of the Lawyers Club of San Diego from 2000 to 2001 and is currently a member of the San Diego La Raza Lawyers Association’s board of directors. In 1999, the Board of Supervisors in San Diego appointed her to the County Commission on the Status of Women. She received her bachelor’s degree from the UCSD and this year, the Alumni Association recognized Judge Salcido’s community involvement by giving her the Distinguished Service Award.

FROM THE

PRESIDENT

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40 years. We were founded in 1963. We have around almost as long as the North County Bar (founded in the late 50s) and around a lot longer than Lawyers Club (founded in the early 70s). We should be doing the things that leading San Diego County Bars routinely do. Things that bars do routinely involve: a) organizing and hosting major annual professional/social events; b) organizing and hosting multi-hour MCLE seminars; c) providing a framework for specialty or special-interest sections who routinely organize and host smaller, usually one-hour, continuing-education programs; d) making the organization's presence known at County and State functions, such as Bar Leaders' conference; and e) having the Bar leaders' and Directors' identity shown in the Courthouse associated with the Bar.

The three other bars mentioned above, SDCBA, the North County Bar and Lawyer's Club do all of the above. We have historically done some of them. I do not see why an organization, around for as long as ours with the stability and financing of our Bar, should not routinely do all of the list. To the extent that your President and your directors can provide leadership, we are trying to move in the direction of "doing all the stuff that bars normally do."

Let us review the list.

Item a has not historically been a problem. Thanks recently to the efforts of Wells Lyman, Ginny Johnson and many others, our Annual Bar Installation Dinners have been well organized and enjoyable. Sheree Swetin, the Executive Director of SDCBA, tells us that she loves coming to our installation dinner as it is always "the most fun" of all similar events that she attends in the year. We have historically done a good job with item a--annual events.

There has been a lot more action regarding item b, MCLE multi-hour seminars, in recent years. In the aftermath of the landmark California Supreme Court Burgess case, Richard Freed and others did a remarkable half-day seminar. Richard, Wells Tom Buchenau and others organized two more family law related seminars in the late 90s. Those seminars were so successful, both quality-wise and financially, that they were largely responsible for the Bar's increasing public awareness as well as fiscal health. Last year Jack McCabe mainly had the idea to have a half-day seminar for "hard-to-get" MCLE credit. We will be doing that type of seminar again this year, on Saturday, November 1. Please mark your calendar. Item b has been pretty well handled.

Item c also is functioning well from the hard work by certain members and leaders in the 90s and earlier this decade. Former President Ted Harris had the idea to begin a family law section. That section is still giving monthly seminars. Richard Freed, while President, inspired expansion into additional sections for Criminal law, Probate and Civil law.

Item d involves why we are going to the State Bar Convention as delegates. Jerry Carmody, our Vice President, is going to an all-day seminar to train future bar Presidents, on September 4, as he is our de facto President-elect. The current President and Immediate Past-President will serve as our one delegate and alternate respectively. Earlier this year, two directors represented the Bar at the State Bar's full-day Minority Attorney Justice Seminar, held at USD. We have always been visible at County Bar leadership meetings. Now we are moving into becoming a presence at the State Bar level.

About Item e, I will not say

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FROM THE

PRESIDENT

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anything until after I leave office as President. (I do not want anybody able to say, "Bud just wants to get his picture on the Courthouse wall.") In the meantime, next time you are in the Vista Courthouse check out the display of the officers and directors of the North County Bar. Also, please check out the SDCBA display on the wall of the 2nd floor of 220 West Broadway. Could someone please tell me why there should not be a similar display on the wall of the El Cajon Courthouse for the officers and directors of the Foothills Bar?

We are moving on all fronts to become among the leading bars of San Diego County by doing the things that leading bars routinely do. Next month we will discuss in detail the plans for the hard-to-get seminar on November 1 at the El Cajon Community Center. Talk to you all then.

QUOTABLE

QUOTES

by Rex Randall Erickson

"[P]olitical campaigns are one of the most exhilarating phenomena of our democracy. They bring out the best and the worst in us. They allow candidates and their supporters to express the most noble and, lamentably, the most vile sentiments. They can be fractious and unruly, but what they yield is invaluable: an opportunity to criticize and comment upon government and the issues of the day." (Beilenson v. Superior Court (1996) 44 Cal.App.4th 944, 954-955.)

"This is in line with the old saying expressing the wisdom of the people, 'He who dances must pay the fiddler.'" (Price v. Price 1966) 242 Cal.App.2d 705, 710.)

The next meeting of the Criminal Law Section will be on Thursday, September 18, 2003, from 12:00 p.m. to 1:00 p.m. in Department 3 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 Judge Whitney from Department 3.

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, September 11, 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.

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 9, 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 the Honorable DeAnn Salcido "View From the Bench After Eight Months" and "What to Expect in Department 6."

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

Sam Parise (858) 674-6660

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

COMMITTEES:

ANNUAL DINNER

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

PUBLICATION

Catherine Tancredi 579-7876

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, 2003

 2        AM     Kenyon Young

          PM     Dan Bacal

3        AM     Tom Buchenau

          PM     Tom Castonguay

4        AM     Ed Castro

          PM     Timothy Cohelan

5        AM     David Demergian

          PM     David Egan

9        AM     Joseph Fox

          PM     Miranda Franks

10      AM     Elliott Kanter

          PM     Larry Kincaid

11      AM     Garrison Klueck

PMLeroy Knutson

12      AM     Wells Lyman

          PM     Thomas Marshall

16      AM     Clare Maudsley

          PM     Jon McKinley

17      AM     James Mietzel

PM Ron Oberndorfer

18      AM     Blaine Phipps

          PM     Frank Puglia

19      AM     Charles Scott, Jr.

          PM     Joseph Sciarretta

23      AM     Conrad Walker

          PM     Catherine Tancredi

24      AM     Peter Singer

          PM     Kenyon Young

25      AM     Dan Bacal

          PM     Tom Buchenau

26      AM     Tom Castonguay

          PM     Ed Castro

30      AM     Timothy Cohelan

           PM     David Demergian

          FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

September, 2002

9-3-03           Richard Freed

                     John McCabe, Jr.

                     Russell Robinson

9-10-03         William Daley

                     Win Heiskala

                     Michael Has-Ellison

9-17-03         Charles Fougeron

                     Wells Lyman

                     Thomas Marshall

9-24-03         Marilyn Bierer

                     Larry Kincaid

                     David Schulman

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022