FROM THE PRESIDENT

by Edward R. Torrence

HAPPY NEW YEAR to all. New Year? Yup. That’s right. While no one was paying attention we started a new year on July 1, 2006. While we are half way through our administrative year of this current Board of Directors, we are beginning a new year for membership which we do every year at this time. It’s rather unique for any organization and for bar associations in particular. Most plan their administrative year and membership year to coordinate with the calendar year. Makes sense after all since the mid year membership presents some difficulties. Many members don’t recognize the difference and assume the last membership dues paid their membership for the calendar year so they ignore the mid year reminders and end up with a lapsed membership until they realize that they are no longer receiving the Newsletter or other Foothills Bar information. This makes it more difficult for us to keep the membership numbers level and requires some extra effort on our part to get all regular members renewed. You can help. Please submit your membership application/renewal form today with your membership dues of $45 for the 2006-2007 membership year. Boy that was easy. Want to really help? Please keep an extra membership application or two in your briefcase when you head to Court in East County and hand one to an attorney you see who practices in the East County. If you practice in this jurisdiction you have an interest in an association which promotes toe activities and the interests of the Bench and Bar in this jurisdiction. Let’s grow the organization so that the Association can grow the service it provides to both Bench and Bar.

Speaking of service to the Bench and Bar, insight into the altruistic ideal of public service comes from unusual places. This thought occurs to me after attending four graduations in the month of June. Two were college and two were high school graduations. The format was predictable. The speakers ranged from high school valedictorians to a gubernatorial candidate. The exhortations were conventional and the platitudes trite

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

Attorney Representation in

Small Claims Court

Many small claims litigants express an interest in having attorney representation at their small claims hearing. Code of Civil Procedure (CCP) section 116.530 details the limitations regarding attorney participation in small claims court.

The code states that no attorney may participate in the small claims hearing in the prosecution or defense of a small claims case. There are limited exceptions to this statutory prohibition, including the allowance of attorneys in small claims court when counsel appears as the actual small claims plaintiff or defendant. Additionally, in the event that the attorney is a partner in a partnership, or officer or director in a corporation, and all other partners or officers and directors are attorneys, he may participate on behalf of his respective partnership or corporation.

CCP section 116.530 allows for a small claims party to receive advice from an attorney prior to or after initiation of the small claims action. Moreover, the attorney may appear as a witness in a small claims case, contingent upon him meeting the standard witness requirements, including possession of personal knowledge regarding the facts to which he is testifying.

Additionally, attorneys are permitted to represent a party in an appeal to the superior court, and in connection with enforcement of a small claims judgment, including judgment debtor exams.

HOLIDAYS

The San Diego Superior Court, East County Division will be closed Tuesday, July 4, 2006 for Independence Day.

QUOTABLE QUOTES

by Randall "Rex" Erickson

We have all heard that it is pointless to close the barn door after the horse has gotten out. But if there are no walls, there is no barn door, and the horse is free to leave anytime. This venerable aphorism is not just a metaphor, but tells us something practical about barns: they must have walls and a door to keep the horse in. If there are no walls, there is no barn. (In re Amber S. (1995) 33 Cal.App.4th 185, 187.)

"...[O]ne of life's tragedies can be getting what you wish for ..." (In re Locks (2000) 79 Cal.App.4th 890, 897.)

FBA MEMBERSHIP

RENEWAL DUE

Not only has summer arrived and the children are out of school, but it is that time again to renew your FBA 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 attorney directory.

The FBA does not send out a separate billing for dues. Your only reminder is in this Newsletter. Please complete the application included in this newsletter and mail with your check today!

FROM THE PRESIDENT

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but the recurrent theme of finding satisfaction in doing something for the public good was intriguing. Individually, we may not achieve world peace, cure aids, or solve the immigration debate but we have the ability do good right here in our own corner of the world. As proof let me cite the excellent efforts of our Board of Directors Secretary Nancy Kaupp Ewin who also chairs the Probate and Estate Planning Section of this Association. This section has become a stable reliable provider of continuing education for attorneys who practice in this area. This work is quietly done behind the scenes with no compensation except for the satisfaction of seeing the good which comes from it. To Nancy and her principle assistants, Miranda Franks and Joselina Medrano, I say Great Job and thank you. The association acknowledges and appreciates your service.

Have a wonderful Independence Day holiday. However you spend your time I hope that it involves some reflection and sharing your appreciation for the wonderful liberties that our nation enjoys. A nation independent from foreign governments, governed by it’s own laws written and approved by its own people in a representative republic and defended by citizens who like the founding fathers are today willing to pledge their lives, their liberty and their sacred honor in defense of country, principle and fellow citizens. Pretty wonderful to be part of the system of American Justice under these circumstances no matter how small or insignificant our individual role. My thought to share is this. Having managed to slip into the last row of Royce Hall for the UCLA graduation of our son, Evan, I couldn’t tell how many people in the hall sang the National Anthem when it was played at the beginning of the ceremony. Everyone immediately around me was singing and it was wonderful to hear. What was unusual was the gusto and articulation of the gentleman to my left. The objections of some that the Anthem is too difficult to sing were called into question that afternoon. I turned to the man, complimented him and told him how much I appreciated his singing of the Anthem. He spoke to me in a distinct eastern European, perhaps Baltic accent, saying, “But it is such a beautiful song” pronounced “bee u tee ful.” His pride in being able to sing that song was something I wish I could share with everyone. Enjoy your Independence Day.

FBA GOLF

TOURNAMENT

Dan Bacal has coordinated another golf tournament aka, the "4-person scramble." The tournament is scheduled for Thursday, September 7, 2006 and further information about tee off time, cost of tickets and prizes is contained in the flyer included herein. Contact Dan Bacal at 588-2064 with questions.

SAVE THE DATE!!

Blood Drive for the San Diego Blood Bank

September 20, 2006

Co-sponsored by the Foothills Bar Association and

the San Diego Superior Court/ East County Division

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 July 13, 2006. The speaker will be a representative from San Diego Hospice and the topic will be "How Attorneys Can Assist Hospice to make sure their clients' wishes are honored. 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 Criminal Law Section and Family Law Section are joining together to present the July meeting which will be held Tuesday, July 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.

July, 2006

4          HOLIDAY

5          Ed Castro

6          Timothy Cohelan

7          Cheryl Daily

11        Barry Pasternack

12        Dave Demergian

13        Dave Egan

14        Miranda Franks

18        Elliott Kanter

19        Larry Kincaid

20        Garrison Klueck

21        Wells Lyman

25        John Martin

26        Thomas Marshall

27        Clare Maudsley

28        James Mietzel

                                                                                                         FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

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

July, 2006

7-5-06                                                                                                           Cheryl Daily

                                                                                                                     Tara Grabarczyk

                                                                                                                     Glen Honig

                                                                                                                     Stephen Murphy

7-12-06                                                                                                         William Benjamin

                                                                                                                     Jeff Fritz

                                                                                                                     Matthew Kremer

                                                                                                                     Richard "Pete" Peterson

7-19-06                                                                                                         Georgine Brave

                                                                                                                     Julia Garwood

                                                                                                                     S. Michael Love

                                                                                                                     John McCabe

7-26-06                                                                                                         Richard Freed

                                                                                                                     Stanwood Johnson

                                                                                                                     Monica Rose

                                                                                                                     David Schulman

2006 SECTIONS:

CIVIL LITIGATION

Chair: Mark R. Raftery 589-8800

Members: Jerry L. Carmody, Joselina L. Medrano

CRIMINAL LAW

Chair: Daniel W. Cohen 697-0333

Member: Andrea Schneider

ESTATE PLANNING

Chair: Nancy Kaupp Ewin 698-1788

Members: Miranda C. Franks, Joselina L. Medrano

FAMILY LAW

Chair: Edward R. Torrence 698-6059

Members: Judith Klein

2006 COMMITTEES:

ANNUAL DINNER

Chair: Joseph Fox (858) 527-0111

Members: Edward R. Torrence, Miranda C. Franks

COMMUNITY SERVICE

Chair: Joselina L. Medrano 562-9999

COURT LIAISON

Chair: Dan Bacal 588-2064

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/NEWSLETTER

Catherine Tancredi

SPECIAL EVENTS

Chair: Judith Klein 698-1882

WEBSITE:

Chair: Daniel W. Cohen 697-0333

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022