FROM THE PRESIDENT

By Jerry Carmody

Dear Members:,

We are having our civil litigation seminar this month at BJ’s Bar and Grill in Grossmont Center on September 20, 2004 from 12:00 p.m. to 1:00 p.m. The San Diego Superior Court Clerk’s, East County Division, will be presenting this month’s topic entitled Common Problems In Civil Filings Resulting In Kickbacks. Robert Krotzer is looking into expanding the presentation to include Common Problems In Domestic Filings Resulting In Kickbacks. In the past, this presentation has been well attended by attorneys, their legal assistants, and secretaries. I am advised that Judge Eddie C. Sturgeon will attend and we hope to see some of our domestic judges in attendance to answer your questions as time permits.

The Native American tribes in California have been enjoying great prosperity in California over the past two decades. They donate large sums to our firefighters, charitable causes, and are signing compacts that will result in tax revenues for the State of California. We sometimes run across issues relating to tribal jurisdiction in our domestic and criminal law practices. I thought that it would be good for our members if we had a speaker that could provide us with an introduction to basic Indian Law and the importance of Public-Law 280. The head librarian at the East County Law Library put me in touch with Nancy Carol Carter, Director of Legal Research at the University of San Diego, who is knowledgeable and lectured on this topic. Ms. Carter has agreed to present a seminar entitled “Introduction To Indian Law on November 17, 2004 from 12:00 p.m. to 1:00 p.m. at BJ’s Bar and Grill in Grossmont Center. Her presentation will include a power point presentation and referrals to attorney’s that practice in this area of the law in San Diego County. I understand that Ms. Carter is considered an expert on tribal jurisdiction issues and is a dynamic speaker. I look forward to her presentation and hope that many of you will attend our civil litigation seminar.

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

RETAIL REFUND

POLICIES

Both retailers and consumers are often unaware of the legal requirements pertaining to refund and exchange provisions as delineated in Civil Code Section 1723. Civil Code Section 1723 mandates every retail seller of consumer goods to conspicuously display his refund and exchange policies when the retail seller disallows full cash refunds, exchanges of merchandise or store credit upon return of items within a seven day period following purchase.

The code provides that the retail seller must conspicuously display his policy by any of the following means: the posting of signs at each register and sales counter, the posting of signs at each public entrance; the providing of notification on tags attached to the merchandise sold under such a policy; and, finally, the providing of notification through the seller’s retail order forms.

Moreover, the notification, at minimum, must indicate whether a cash refund, a credit allowance or an exchange are provided, the types of merchandise that is covered by the policy, and the applicable time period during which the consumer may receive such a remedy.

Several types of merchandise are exempted from the requirements of Civil Code Section 1723, including but not limited to food, plants, perishable goods, and goods designated “as is”, and goods used or damaged following purchase.

A Civil Code Section 1723 violation subjects the retail seller to the cost of the returned item if the buyer returns or attempts to return the purchased item on or before the 30th day following the sales transaction. The buyer may also seek remedies under the Consumer Legal Remedies Act

COURT HOLIDAYS

The San Diego Superior Court, East County Division will be closed on Monday, September 6, 2004 for Labor Day.

QUOTABLE QUOTES

by Randall "Rex" Erickson

The principal question which seems to confront us is this: If a prophet believes himself to be without honor in his own country, can he recover personal damages from those who heed him not? Certainly this idea would have intrigued the ancients [FN1 Among others, Amos, Daniel, Elijah, Ezekiel, Hosea, Isaiah, Jeremiah, Joel, Jonah, Micah, Obadiah, and Samuel come to mind. Even Cassandra might have expressed an interest]; but we conclude that even in this litigious age the time for the idea has not yet arrived. (Dong v. Bd. of Trustees of Stanford Univ. (1987) 191 Cal.App.3d 1572, 1576.)

"[I]t is a prized American privilege to speak one's mind, although not always with perfect good taste, on all public institutions." (Beilenson v. Superior Court (1996) 44 Cal.App.4th 944, 951, citing Justice Hugo Black in Bridges v. California (1941) 314 U.S. 252, 270-271.)

FROM THE

PRESIDENT

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In the past our seminars at BJ’s Bar and Grill have worked out well. They have good service and do a good job of get us in and out over the lunch hour. If we can get 20 people to attend we can have lunch a buffet style lunch that will include deep-dish pan pizza and salad. In the past, the buffet lunches have been great and the cost is expected to be approximately $15.00 per person. If we do not have the minimum amount of people attend our seminar, the persons attending will be able to order their lunch off the regular menu.

Please use the enclosed flyer to register for you and any other persons from your office will be attending. Please fax it to my office at (619) 667-3290 before September 15, 2004.

Our main fundraiser for the FBA is our fall “HARD TO GET CREDITS” seminar. This year the seminar will be held on October 23, 2004, at the El Cajon Community Center, 195 East Douglas Ave., from 9:00 a.m. to 12:00 p.m. The seminar features speakers on ethics, substance abuse, and elimination of bias. This year we have arranged for David Cameron Carr, Esq. To speak on the topic of Legal Ethics. Mr. Carr worked for the State Bar of California as a staff attorney and discipline prosecutor for 12 years and is now in private practice in San Diego County. He advises attorneys on ethical and legal malpractice issues and defends attorneys in disciplinary proceedings before the State Bar. I hope that you will support our local bar association by attending our fall seminar.

I am taking a little break and going fishing.

Regards,

Jerry L. Carmody, President

FROM THE

EDITOR

by Catherine Tancredi

September can be a very stressful time of year, especially for those who have children who need to get ready for the new school year. Family lawyers find this time of year very busy with modifications of visitation schedules due to school or age changes. It is important to not get too caught up in all the things going on that we forget that if we don't take of us, then we can't be there to take care of everyone else.

If you did not get away this summer, plan NOW to have a vacation during the holidays. I regularly closed my office between Christmas and New Years. It became a 'forced holiday' for staff that they came to rely on as well.

With all the modern conveniences available, you won't be too far from the happenings at the office. Most vacation spots have internet access so you can communicate by email. There is simply no excuse so block some time off in your calendars NOW for your vacation.

There are many destinations to go to that don't take much thought or planning at all - Big Bear or Lake Arrowhead, Idyllwild or camping in the desert. Mammoth, June Lake and Lake Tahoe are easy to drive to in one day. Wal-mart sells a portable DVD player for the car with two screens so the children have something to do instead of asking the usual questions. We live in a beautiful state which we pay dearly for and we should take the time to enjoy the scenery around us!

We are spouses and parents before we are lawyers and we can never make up the time lost because we were "too busy" at work. We owe it to ourselves and our families to devote quality time to them and have realistic expectations of the time we spend in our professional lives. I believe that balance is the key and it can be achieved if we persevere and commit to make it happen.

FBA MEMBERSHIP

RENEWAL DUE

Is your name on the new FBA membership list in this Newsletter? If not, there is still time to renew your membership and pay your $45.00 annual dues. Benefits include this informative newsletter keeping you up to date on the happenings of East County, free monthly section meetings which earn MCLE credit, MCLE seminars, and an annual directory. Please contact Rita at 588-1936 for an application or use the ones included in the last three newsletters.

FBA GOLF

TOURNAMENT

Dan Bacal has coordinated another golf tournament aka, the "4-person scramble." The tournament is scheduled for Thursday, September 9, 2004 and begins at 1:00 p.m. at the Cottonwood Golf Course. Tickets are $75.00 per golfer and include green fees, cart, beer cart, hats and food. Of course, "fabulous prizes" will be awarded to the winners. For more information, please contact Dan Bacal at 588-2064.

The next meeting of the Civil Litigation Section will be on Monday, September 20, 2004, from 12:00 noon p.m to 1:00 p.m. at BJ's Bar & Grill at Grossmont Center in La Mesa. Please use the enclosed flyer to reserve your space.

The San Diego Superior Court Clerk’s, East County Division, will be presenting this month’s topic entitled Common Problems In Civil Filings Resulting In Kickbacks. Robert Krotzer is looking into expanding the presentation to include Common Problems In Domestic Filings Resulting In Kickbacks.

The meeting is free to members of the FBA. The cost is $10.00 for non members. The cost of lunch will be approximately $15.00 if more than 20 people attend. If not, the cost of lunch will be whatever you choose. 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 Jerry, Sam or Mark.

The next meeting of the Estate Planning, Trust and Probate Section will be on Thursday, September 9, 2004 from 12:15 p.m to 1:15 p.m. at 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 announced. For more information, please contact Nancy Ewin.

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 of the Family Law Section will be on Tuesday, September 12, 2004 from 12:00 noon. 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 Deputy District Attorney Rachel Solov. Her topic will be "Stalking."

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.

For a six month trial period from September through January, 2005, all small claims hearings at the East County Superior Court will be scheduled exclusively for the court’s morning calendar. Small claims litigants will be scheduled for 8:00 a.m. and 10:00 a.m. sessions. Small claims hearings are held from Tuesday through Friday at the East County Superior Court.

September, 2004

1        Frank Puglia

2        Peter Singer

3        Dan Bacal

7        Thomas Castonguay

8        Timothy Cohelan

9        Dave Demergian

10      Joseph Fox

14      Larry Kincaid

15      Leroy Knutson

16      Clare Maudsley

17      James Mietzel

21      Blaine Phipps

22      Charles Scott, Jr.

23      Peter Singer

24      Thomas Buchenau

28      Dan Bacal

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

September, 2004

9-1-04          Michael Has-Ellison

                    Garrison Klueck

                    Marc Shular

9-8-04          Win Heiskala

                    Daniel Larkin

                    Wells Lyman

9-15-04        Peter Aex

                    Gerald Mulder

                    Frank Nageotte

9-22-04        Brian Cochran

                    Sandra Mayberry

                    Lisa Schwarte

9-29-04        Thomas Buchenau

                    Gary Glauser

                    Lori Viviano

2004 SECTIONS:

CIVIL LITIGATION

Jerry L. Carmody 667-9600

Sam Parise (858) 674-6660

Mark R. Raftery 589-8800

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

2004 COMMITTEES:

ANNUAL DINNER

Joseph Fox (858) 527-0111

Mark R. Raftery 589-8800

COMMUNITY SERVICE

Joselina Medrano 562-9999

COURT LIAISON

Jerry L. Carmody 667-9600

GOLF TOURNAMENT

Dan Bacal 588-2064

HARD-TO-GET CREDITS

SEMINAR

Judith Klein 698-1882

Bud Klueck 448-6500

Judy Marolt 442-1857

LAW DAY

Jerry L. Carmody 667-9600

MCLE

Daniel Cohen 697-0333

Joselina Medrano 562-9999

MEMBERSHIP

Edward R. Torrence 698-6059

PUBLICATION

Catherine Tancredi 579-7876

SPECIAL EVENTS

Judith Klein 698-1882

Jerry L. Carmody 667-9600

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022