FROM THE PRESIDENT

by Edward R. Torrence

The Installation Dinner

It was wonderful to see so many of you at the Annual Installation Dinner on January 27, 2006 at Singing Hills Country Club. Spending the social hour with friends and colleagues as well as mixing it up with our judicial officers outside of the Courthouse made for a fine evening. The good humor and gracious bar tending servers contributed as well. We have so many to thank for making the dinner come together. I tip my hat and give thanks to Jerry Carmody who made the reservations and contract arrangements with Singing Hills and to his office staff who made the fliers and invitations happen. Also to Rita Drouin who made the registration materials and special thanks to Tom and Samantha Buchaneau who put the programs together interrupting their Hawaiian vacation on Maui to do so. Mahalo guys!

For those that were not able to join us, we hope to see you next year. You missed a great meal and outstanding entertainment. Oh, and thanks to Andrea Schneider for helping us locate our featured speaker “Sean Carter, Humorist at Law.” He certainly helped us see the humor in the work that we do and the career we pursue. I laughed so hard that my side hurt and I wasn’t the only one suffering this malady. Sean found the humor in airport security, class action lawsuits, bad haircuts, suing McDonalds, being compensated with titles, and the folly of attorney jokes. We had a great time laughing. It seems to be our trademark as an association - the ability to take care of serious business while at the same time not taking ourselves too seriously.

For those who missed it, I’m pleased to announce that past president Tom Buchenau was honored with the George A. Alspaugh Civility Award. The award named in honor of the late George Alspaugh began in 2003. This award is given to recognize the member of the Association

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

CHANGES WITH NOTICE FOR

TERMINATION OF LEASE

Commencing January 1, 2006, Civil Code Section 1946.1 became inoperative; thereby, eliminating the duty of residential landlords to provide long term month-to-month tenants with a 60-day-notice of termination of tenancy when the tenants have occupied the landlord’s premises for more than one year. Enacted in 2001, Civil Code Section 1946.1 mandated that a residential landlord provide tenants who have remained on his premises for more than one year a termination of tenancy notice at least 60 days prior to the proposed date of termination.

With the repeal of Civil Code Section 1946.1, the time frame for all termination of tenancy notices for month-to-month tenancies is governed by Civil Code Section 1946. The statute requires landlords to provide all month-to-month tenants a 30 day notice of termination of tenancy.

JUDGES’ CORNER

As is customary, January will be bringing a number of changes in judicial assignments.

Judge Patricia Garcia has transferred from South County, and is assigned to Department 6 handling family court cases. Patricia ("Patti") Garcia has served as a judicial officer since February 18, 2000, first as a Superior Court Commissioner hearing family support matters, and then as a judge sitting in a general family law department. Judge Garcia was appointed to the bench on July 23, 2003.

Before her appointment, Judge Garcia was a lawyer in private practice for over ten years. She was head of the Family Law Department at the law firm currently known as Seltzer Caplan McMahon Vitek, concentrating primarily in high asset complex divorces, prenuptial agreements, and custody and support modifications. It was during this tenure that Judge Garcia earned Martindale Hubbell’s AV lawyer rating. Prior to that, Judge Garcia was a family law associate at Mitchell, Keeney, Barry & Pike. She also served as a Superior Court Judge Pro Tem from 1997, and as a San Diego County Fee Arbitrator from 1994, until her selection as a Commissioner

Over the years, Judge Garcia has participated in many civic and bar activities and has been a member of several organizations and boards. These include: Kids’ Turn, San Diego MANA, the National Conference for Community and Justice, Sustaining Member of the Lawyers Club, San Diego La Raza Lawyers Association, California Women Lawyers, the California Judges Association, and the San Diego County Judges Association on which she currently serves as Vice President. Judge Garcia also has been a panel member and speaker on various subjects including: child support, paternity, cross-border family law issues, domestic violence, attorney’s fees and costs, and professional conduct and ethics.

Before earning her law degree from the University of San Diego in 1989, Judge Garcia completed her undergraduate work in psychology at UCSD (1982), spending a year at the Universidad Complutense de Madrid in Spain. She also obtained a teaching credential from San Diego State University (1984) and taught for four years.

Judge Garcia enjoys traveling, reading, fine dining and lawyers who are prepared. She is married and has a thirteen year-old.

We also welcome back Judge Michael B. Harris (retired) who will be assigned to D-3 on an interim

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FROM THE PRESIDENT

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who exhibits the highest standards of civility in the practice of law, thereby advancing the positive image of the attorney as a professional and as an officer of the Court and in so doing garners the respect of his or her colleagues. Past recipients have included Wells Lyman, Jack McCabe and Bob Wiggins.

Wells Lyman, past Foothills Bar and San Diego Bar President was also honored with the Foothills Bar Award. This honor originated in 1999. It is awarded to the member of the Bench or Bar whose contribution of service, effort, time and skills to the legal community of East San Diego County exhibits the highest ideals of public service. Past recipients have included the Honorable Eddie C. Sturgeon, Honorable Christine K. Goldsmith, Honorable Victor E. Bianchini, Honorable Harrison R. Hollywood, Honorable William J. Howatt (two occasions) and Garrison “Bud” Klueck. Wells has done so much for this Association over many years and has especially promoted our Association through his service in the San Diego County Bar.

As I mentioned at the dinner, I am proud that our Association recognizes the value in civility in practice, and that civility is both an important aspect of professionalism and is not inconsistent with skillful advocacy.

Looking Ahead in 2006

The Board of Directors will meet for a working retreat this month to lay out the plan for the Association for the year ahead. I expect initiatives to be put forward concerning promotion of membership in the organization, preserving the history of the Association, promoting and encouraging our members continued contributions to the Court and the community and increasing the recognition of the Association and its contributions to the community that we serve. Please watch this space for more information and a chance to put in your two cents worth. Please do not hesitate to contact any of the Directors listed in the newsletter to share with us any suggestions you may have for our planning.

We’re looking forward to a great year and hoping to see you at many FBA events before the next installation dinner.

2006 ATTORNEY

DIRECTORY NOW

AVAILABLE

The 2006 FBA Annual Attorney Directory is now available. One will be mailed to you soon. If you do not receive your copy, please call Rita at 619-588-1936 and she will send one to you. The Directory includes much useful information pertinent to East San Diego County attorneys such as your FBA officers and directors, areas of practice (good for referring clients to appropriate counsel), bilingual lawyers and telephone numbers to the courts, district attorneys and defense counsel.

QUOTABLE QUOTES

by Randall "Rex" Erickson

Honorable men and women are plentiful in the profession of the law who fully fathom that membership within its ranks entails privileges, conditions and burdens. Yet, the recorded history of this matter discloses a course of conduct pursued by a votary of greed, who was insatiate in his avaricious appetite, lamentable in his judgment, and who engaged in a constant and deliberate usurpation of his noble office. (Day v. Rosenthal 170 Cal.App.3d 1125, 1180 (Arabian, concurring).)

The defense theory in essence is "since I am a dog, beware my fangs." (The Merchant of Venice, III, iii.) (Prays v. Perryman (1989) 213 Cal.App.3d 1133, 1134.)

FROM THE COURT -

JUDGE’S CORNER

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basis. In addition, we wish the following Judges, who have transferred to other divisions of the court, the best of luck in their new assignments:

Judge Lillian Y. Lim transferred to Central

Judge Timothy B. Taylor transferred to South County

Judge Richard S. Whitney transferred to Central

Within the East County Division, the following department changes have been made:

Judge Laura W. Halgren From D-4 to D-2

Judge DeAnn M. Salcido From D-3 to D-4

Judge Timothy W. Tower From D-19 to D-8

Judge Charles W. Ervin From D-2 to D-10

Judge Jan Goldsmith From D-8 to D-15

Within the East Count Courthouse, the following calendar changes have been made:

DUI calendar on Monday morning will be eliminated.

Those arraignments will be spread out through the week and sent to Dept. 4 with the rest of the misdemeanor arraignments.

Misdemeanor motions will be heard Tuesday morning and Wednesday morning.

Felony sentencings will be heard Monday through Thursday at 2 pm.

Felony DV review hearings will be heard at 2 pm on Friday.

Dept 3: Afternoon walk-ins on Monday, Tuesday, Thursday, and Friday.

Dept 4: Walk-ins every morning, DV Review hearings Monday and Friday at 1:30 pm, Prop 36 hearings Tuesday at 1:30 pm, Walk-ins Wednesday pm and Drug Court Thursday at 1:30 pm

HOLIDAYS

The San Diego Superior Court, East County Division will be closed on Monday, February 13, 2006 for Lincoln’s Birthday and Monday, February 20,2006 for Presidents’ Day.

FROM THE PAST PRESIDENT

by Joseph Fox

It has been my pleasure serving as President of the Foothills Bar Association this past year. The members of your 2005 Board were a very diverse, dynamic and dedicated group of individuals. They are truly representative of the membership of this Bar Association.

I would like to thank the Association’s 2005 Officers and Board Members. Thank you to: Jerry Carmody, for his work on Law Week and for being there for his experience, guidance, and assistance as needed. It was a comfort knowing that whatever I asked of him, he never said no. Edward Torrence for his hard work and dedication and work on the Membership Committee and the Family Law section. He will be an excellent President of this Association. Joselina Medrano was the Board’s conscience, always making sure we were involved in events for the benefit of the community at large as well as our membership. Sam Parise for being an excellent Treasurer with his detailed financial reports. He is going off the Board and will truly be missed. Take care Sam. Andrea Schneider, trying to run two professions at the same time, did a marvelous job as our Secretary. She will be returning as a member of the Board for 2006. Mark Raftery, who will be stepping up as Treasurer, did an excellent job as head of the Civil Litigation Section.

FROM THE PAST PRESIDENT

by Joseph Fox

He put on some top notch programs this year, with Judges Sturgeon and Lim and an excellent program on the new Bankruptcy Act. He is already off and running in 2006 with a program on arbitration with a representative from the American Arbitration Association. Judy Marolt who single handedly put together and put on the hard to get credits MCLE program. Thanks to Nancy Ewin for her work on the Estate Planning and Probate section and serving as our liaison with the Association’s website’s webmaster. Miranda Franks, who will be our new Vice President, for assisting me as the bench-bar liaison. Daniel Cohen for heading the Criminal Law section. And, Judith Klein for working on the Family Law section.

I would also like to welcome the two new members of the Board, Cheryl Stengel and Carolyn R. Brock. Cheryl was the presenter at our excellent MCLE program on Bankruptcy.

During my term Joselina Medrano and I tried to establish an outreach program where our Association’s members could reach out to the East County community at large. I hope that effort will continue. I will do my part to make sure it does.

Thank you for allowing me the privilege of being your President this past year.

Regards,

Joseph Fox, Past President

The next meeting of the Civil Litigation Section will be on Wednesday, February 22, 2006 from 12:00 noon p.m to 1:15 p.m. at BJ's Bar & Grill at Grossmont Center in La Mesa. Please use the enclosed flyer to reserve your space.

The speaker will be Paul Van Loon, Esq., Vice-President of the American Arbitration Association who will discuss the do’s and don’t of presenting your case to an arbitrator. The cost of buffet lunch (pizza, salad and drink) will be $15.00 if more than 19 people attend. If less than 19, persons attending will order off the menu and be responsible for the cost of their meal.

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 Jerry, Sam or Mark.

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 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.

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 Ewin, Jocelyn Medrano and Miranda Franks. If you have any suggestions, speakers or topics for upcoming meetings, please contact one of the chair persons.

The next meeting is scheduled for Tuesday, February 21, 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.

Panel of Family Law Judicial Officers, Honorable Patricia Garcia, Honorable J. Lantz Lewis and Honorable Alan B. Clements will discuss policies and procedures in Departments 5-7 and hold a roundtable discussion on Spousal Support issues, pre-trial, trial and post Judgment. Questions you want addressed? email etorrence@earthlink.net."

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 or Judi.

SMALL CLAIMS COURT

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

February, 2006

1          Thomas Marshall

2          Clare Maudsley

3          John Martin

7          James Mietzel

8          Ron Oberndorfer

9          Kristine Nesthus

10        Barry Pasternack

14        Blaine Phipps

15        Charles Scott

16        Kenyon Young

17        Catherine Tancredi

21        Dan Bacal

22        Thomas Buchenau

23        Thomas Castonguay

24        Ed Castro

28        Anthony Chicotel

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

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

February, 2006

2-1-06             Brian Cochran

                        Elizabeth Kreitzer

                        Joseph Russo

                        Edward Torrence

2-8-06             Thomas Buchenau

                        Garrison Klueck

                        Laura Miller

                        Wells Lyman

2-15-06           Sharon Asaro

                        Anthony Beccarelli

                        Debra Collicott

                        Peggy Moore

2-22-06           Peter Aex

                        Daniel Grunbaum

                        Win Heiskala

                        Thomas Marshall

2006 SECTIONS:

CIVIL LITIGATION

Chair: Mark R. Raftery 589-8800

Members: Jerry L. Carmody, Sam Parise

CRIMINAL LAW

Chair: Daniel Cohen 697-0333

Member: Andrea Schneider

ESTATE PLANNING

Chair: Nancy Ewin 698-1788

Members: Miranda Franks, Joselina Medrano

FAMILY LAW

Chair: Edward Torrence 698-6059

Members: Judith Klein, Bud Klueck

2006 COMMITTEES:

ANNUAL DINNER

Chair: Joseph Fox (858) 527-0111

Members: Jerry Carmody, Edward Torrence, Wells Lyman

COMMUNITY SERVICE

Chair: Joselina Medrano 562-9999

COURT LIAISON

Chair: Joseph Fox (858) 527-0111

Member: Miranda Franks

GOLF TOURNAMENT

Chair: Dan Bacal 588-2064

LAW DAY

Chair: Jerry L. Carmody 667-9600

HARD-TO-GET CREDITS

SEMINAR

Chair: Judy Marolt 442-1857

Members: Judith Klein, Joselina Medrano

MCLE

Chair: Daniel Cohen 697-0333

Member: Joselina 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