FROM THE PRESIDENT

by Edward R. Torrence

One of the things I like about this job is that, from time ti time, I need to set aside the routine activities of the law practice and focus instead on the larger picture of what’s going on in the legal community we serve and what’s coming up in the near future. While pondering such things I come up with the following to share.

Law Day - May 1, 2006

With April on the calendar it is time to look ahead to events in May, most notable Law Week, May 1^st through 7^th. There are numerous opportunities for attorneys to participate in public service events to mark the importance of this annual observance. In the east county the event near and dear to our hearts is the Law Day event which we sponsor along with the Public Law Library and the Superior Court Eastern Division. Our long serving Board of Directors member Jocelyn Medrano is the chair of the Community Service Committee of the Bar which has the responsibility for this event. Jocelyn has taken on this responsibility from Past President Jerry Carmody who has coordinated the project for the last several years. As a service to the community we serve, lawyers volunteer an hour or more to meet with members of the public seeking initial legal advice or consultation on specific legal issues and problems. Volunteers are eagerly sought and warmly welcomed to participate. A volunteer can spend one hour, or more, in the County Law Library of the east county Superior Court on May 1, from 9:00 a.m. to 3:00 p.m. meeting individuals with questions or concerns. The issue may be within the attorney’s area of practice and easily analyzed or the attorney may be able to determine the area of practice which will benefit the consumer and get them headed in the right direction. Contact Jocelyn at her office at (619) 562-8833 to let her know that you can help for an hour and be sure to thank her for all of her work on this project. I’ll look forward to seeing you there.

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

RECENT CHANGES IN THE

SMALL CLAIMS ACT

Beginning on January 1, 2006, three significant statutory changes have impacted the scheduling and transferring of small claims cases. Code of Civil Procedure Section 116.330 now uniformly provides that all small claims cases must be scheduled no earlier than 20 days and no more than 70 days from the date of the small claims order. The modification eliminates various time periods for the scheduling of hearings dependant upon whether the defendant was an in-county or out-of-county defendant.

Additionally, CCP 116. 340(c) now mandates the filing of a proof of service of the small claim at least five days prior to the court hearing. Formerly, due to the lack of a statutory provision, the time period for the filing the proof of service varied by court.

Finally, CCP 116.780(d) has been repealed. The statute mandated a 10 day waiting period following a small claims appeal and judgment for the transfer of the appeal from superior court to the small claims court. The elimination of the waiting period provides for an immediate transfer of appeal cases to the small claims court, thereby allowing litigants to proceed expeditiously with enforcement of the judgment

**DOCUMENT FILING REMINDER**

The Family Law Division of the East County Courthouse requires documents pertaining to a future hearing date to be received through the mail, filed in the business office or left as a "drop" at least two court days in advance of the hearing. Parties requesting to file documents within the two-day timeframe will be instructed to file them in the courtroom on the day of the hearing. Documents received through the mail or "dropped" within the timeframe will be rejected and returned to the submitting party.

This requirement facilitates documents being timely filed in cases while maintaining the efficiency of document handling within the Business Office. Currently, a large number of documents are received or requested to be filed within two days of the hearing date.

NOTE: Nothing herein is intended to change the filing deadlines imposed by law or court order.

QUOTABLE QUOTES

by Randall "Rex" Erickson

"In a profession, where unbounded trust is necessarily reposed, there is nothing surprising that fools should neglect it in their idleness, and tricksters abuse it in their knavery, but it is the more to the honour of those, and I will vouch for many, who unite integrity with skill and attention, and walk honourably upright where there are so many pitfalls and stumbling blocks for those of a different character." [Sir Walter Scott, The Antiquary, ch. 43.] (Day v. Rosenthal 170 Cal.App.3d 1125, 1180 (Arabian, concurring).)

[T]he problem is like a comet in our law: though its existence in theory has been frequently recognized, its observed passages are few. (Tenhet v. Boswell (1976) 18 Cal.3d 150,156)

FROM THE PRESIDENT

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Combined Criminal Law and Family Law Sections Meeting and MCLE

In an unusual joint meeting, the Criminal Law and Family Law sections of our bar will jointly host a Continuing Legal Education event at noon on April 18, 2006 in the Jury Lounge of the East County Courthouse. Mr. Robert Wick, a retired police officer and the current president and CEO of Crime Scene Technologies, Inc. will deliver an educational series presentation on the use of DNA evidence in the courtroom in both family and criminal cases. He will share insights on the understanding of DNA analysis reports in matters of paternity, domestic violence, molestation and rape cases and provide a 50 page syllabus on the collection, analysis and use of DNA evidence and its limitations. As usual, an hour of MCLE credit is available for attendees and is at no cost to members.

Examining our History and Looking Toward the Future

At each of the Board of Directors meetings we examine the goals and initiatives we have set out for the year ahead. Ironically one of those goals is to understand and document our past as an organization. I believe that we need to have an understanding of where we have come from in order to appreciate where we are heading. I am therefore actively soliciting the input of those members who have been in this organization since it’s founding in 1962 (or ‘63) to share some of their experiences regarding the first years of the Foothills Bar Association, what spurred the original members to found a separate specialty bar association in the east county, what were their goals and ambitions as they first envisioned them, what was the court like when it was known as the “Experiment in East County?” I hope to be able to share the highlights of this bit of our history here in this space, at opportunities I have to speak about our Association and in some appropriate form of recorded history (such as our website) so that future directors perhaps 65 years hence at the 100^th anniversary of the Association will not be scratching their heads looking for this information.

An important part of looking to the future of this organization is finding ways to grow the organization, not just in membership but also in its visibility and prestige. The Board is focused on several specific goals in this regard. We intend to adopt an appropriate seal, crest or logo which incorporates our mission and values, reflects our history and is suitable for use on Association correspondence, and announcements and for display at all meeting of the association. I am promoting this in the hope that the inspiration, components and design of this representation of our association will come mostly from our own members. We may well reach out to someone with graphic design talent not commonly found amongst a bunch of lawyers to pull our thoughts together in one cohesive design, but I would like to get your thoughts and contributions to get this project started in the right direction. Call me, stop me in the Courthouse hallway or email me at etorrence@earthlink.net or contact any one of the Board members listed in this newsletter to share your thoughts. I am looking forward to reporting some progress on this in the near future.

Until next month, best wishes to all. 

            Edward R. Torrence

CORRECTIONS TO 2006

ATTORNEY DIRECTORY

Please change Barbara Silber Katz’s telephone number to (619) 231-9018.

EAST COUNTY

LAWYER’S CLUB MCLE

On Wednesday, April 19, 2006 at 12:00 noon in the El Cajon courthouse jury lounge, East County Lawyer's Club will hold a MCLE seminar. The speaker will be Christine Elliot, an attorney coach, who will discuss "So Many Matters, So Little Time": Three Law Practice Productivity Strategies. Christine Elliot practiced law as a corporate attorney for ten years and is now an "Attorney Coach" and Co-Chair of the Law Practice Management and Marketing Committee of the San Diego County Bar Association.

In this workshop Christine will lead attendees in practical techniques to maximize the productivity of their law practices, including: sharpening your expertise in articulating exactly what you want for your practice; the most efficient ways to make concrete progress toward the results you’ve defined; and a specific productivity technique that could save you an hour or more every day.

Objectives of the workshop are for attendees to: identify the five primary categories of Law Practice Goals; understand the essential components of goal achievement; learn the impact of planning your law practice hours; create a template for optimizing billable time, daily and weekly; and, leave with a practical tool for saving up to an hour a day.

RECRUITING VOLUNTEERS

FOR LAW DAY LEGAL CLINIC

By Barbara Tarvin

The East County Branch of the San Diego County Law Library will be hosting an Open House and Free Legal Clinic to celebrate “Liberty Under Law: SEPARATE BRANCHES, BALANCED POWERS” Law Day 2006. It will be held on Monday, May 1, 2006 from 10 a.m. to 2 p.m. The Foothills Bar Association has agreed to sponsor the Legal Clinic. Members should consider participating in this worthwhile event. Practitioners in all legal areas are needed. Please consider helping your own local community. Your may sign up for times that meet your schedule.

Please contact Joselina L. Medrano, Esq. at (619) 562-9999, on or before April 25th, 2006. If you have any questions, please call Barbara Tarvin, at 619) 441-4444

We look forward to seeing you at Law Day!

EAST COUNTY LAWYER

REFERRAL SERVICE BOARD

MEMBER NEEDED!

The East San Diego County Lawyer Referral Service is looking for attorneys who are NOT members of the panel to serve on its Board of Directors. There are six meetings per year in the El Cajon area and lunch is provided. If interested, please contact Rita Drouin at 619-588-1936 for further details.

The Estate Planning Section meetings are held on the second Thursday of every month from 12:15 to 1:15, at the Law Offices of Nancy Kaupp 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. Topics covered are those relative the fields of estate planning and administration as well as Elder Law issues. If you have not given us your email address and/or fax number, please call 619-698-1788 and add your information to the list. We send out the current topic in advance of the meeting to those for whom we have the information. Bring your lunch, enjoy the meeting, and earn one hour of MCLE.

This month’s meeting will be held on April 13, 2006, the speaker will be Carol Battaglia who will present a seminar about Special Needs Trusts. The meetings are free to members of the Foothills Bar Association. The cost is $10.00 for those who are not members of the Foothills Bar. Applications for membership are available on the website and at the meeting.

The meetings are structured to provide MCLE credit and have been approved by the State Bar of California to provide one hour, general. The Foothills Bar Association 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.

The section chairs are Nancy Kaupp Ewin, Miranda C. Franks and Carolyn Brock. If you have any suggestions, speakers or topics for upcoming meetings, please contact one of the chair persons.

The Family Law Sections and the Criminal Law Sections are teaming up to provide this month's meeting which will be held Tuesday, April 18, 2006 from 11:45 a.m. (presentation starts at 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 lunch. Please see the enclosed flyer for more information.

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 Edward R. Torrence or Judith Klein.

SMALL CLAIMS COURT

Please be prepared to take the bench at 8:15 a.m.

April, 2006

4          Dan Bacal

5          Thomas Buchenau

6          Thomas Castonguay

7          Catherine Tancredi

11        Ed Castro

12        Anthony Chicotel

13        Timothy Cohelan

14        David Demergian

18        David Egan

19        Miranda C. Franks

20        Elliott Kanter

21        Catherine Tancredi

25        Wells B. Lyman

26        Thomas Marshall

27        Garrison “Bud” Klueck

28        John Martin

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5 by 8:30 a.m.

April, 2006

4-5-06             William Benjamin

                        Heidi Collier

                        John Martin

                        Stephen Murphy

4-12-06           William Daley

                        Richard Freed

                        Blaine Phipps

                        Tara Yelman

4-19-06           Denny Kershek

                        S. Michael Love

                        Gerald Mulder

                        Robert Wiggins

4-26-06           Julia Garwood

                        Charles Kim

                        Richard "Pete" Peterson

                        Carl Sizemore

2006 SECTIONS:

CIVIL LITIGATION

Chair: Mark R. Raftery 589-8800

Members: Jerry L. Carmody, Angelo “Sam” S. Parise

CRIMINAL LAW

Chair: Daniel W. Cohen 697-0333

Member: Andrea Schneider

ESTATE PLANNING

Chair: Nancy Kaupp Ewin 698-1788

Members: Miranda C. Franks, Carolyn Brock

FAMILY LAW

Chair: Edward R. Torrence 698-6059

Members: Judith Klein, Garrison “Bud” Klueck

2006 COMMITTEES:

ANNUAL DINNER

Chair: Joseph Fox (858) 527-0111

Members: Jerry L. Carmody, Edward R. Torrence, Wells B. Lyman

COMMUNITY SERVICE

Chair: Joselina L. Medrano 562-9999

COURT LIAISON

Chair: Joseph Fox (858) 527-0111

Member: Miranda C. Franks

GOLF TOURNAMENT

Chair: Dan Bacal 588-2064

LAW DAY

Chair: Jerry L. Carmody 667-9600

HARD-TO-GET CREDITS

SEMINAR

Chair: Judy M. Marolt 442-1857

Members: Judith Klein, Joselina L. Medrano

MCLE

Chair: Daniel W. Cohen 697-0333

Member: Joselina L. Medrano

MEMBERSHIP

Chair: Edward R. Torrence 698-6059

PUBLICATION

Catherine Tancredi 579-7876

SPECIAL EVENTS

Chair: Judith Klein 698-1882

Member: Jerry L. Carmody

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022