FROM THE PRESIDENT

by Edward R. Torrence

Your Board of Directors met for the first time in the annual retreat on February 21, 2006. I am pleased to welcome to the board two new members, Caroline Brock and Cheryl Stengel and I look forward to working with both of them, as well as all of the returning members of the Board.

The annual retreat is the most significant meeting of the Board since this is the occasion where the directors set out specific goals and objectives for the organization. This planning provides direction and purpose for our association throughout the year. This year, in addition to making the assignment of section chairs for Civil litigation, Criminal Law, Estate Planning and Probate and Family law sections and various committee assignments, I asked the board to adopt an ambitious set of goals and objectives for the purpose of growing the organization in size and stature. Specifically, we intend to increase the overall membership and participation in the organization and to increase the visibility of our organization, to give our members and our leadership the tools they need to be more productive and to recognize and protect and preserve the history of our association. This will require initiative on our part.

Our membership will grow as our colleagues are made mindful of our purpose, our successes and the benefits and advantages of membership. In a departure from past practice, I have asked each of the board members to become a contact over membership Chairman, essentially forming a “committee of the whole” for the purpose of identifying the former and prospective members. As a board, we have identified a list of initiatives to communicate. Our purpose, successes and benefits of membership to our colleagues, who practice in East County regardless of where their offices are located. I will be asking each of our members as well, to be part of this universal outreach for new members.

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

Changes in Small Claims

Motions to Correct/Vacate

Commencing on January 1, 2006, Code of Civil Procedure Section 116.725 has been amended, limiting the time in which a small claims litigant may initiate a motion to vacate or correct a judgment. The amended small claims statute additionally limits the number of requests a litigant can make for the motion.

Code of Civil Procedure section 116.725 allows a small claims litigant to make a motion to correct a clerical error in a judgment or to set aside and vacate a judgment on the ground of an incorrect or erroneous legal basis, within 30 days after the clerk mails notice of entry of judgment to the parties involved in the small claims action. Litigants are now limited to filing one motion to correct a clerical error or to set aside and vacate the judgment.

The code, however, provides that the court, at any time, may correct a clerical error in a judgment or set aside and vacate a judgment on the ground of an erroneous legal basis for the decision.

Prior to the statute’s amendment, CCP 116.725 simply stated that nothing in the small claims chapter shall be construed to prevent a court from correcting a clerical error in a judgment or from setting aside and vacating a judgment on the ground of an incorrect or erroneous legal basis for the decision.

The lack of limitation regarding the time to file a motion, and the number of motions that may be filed, allowed litigants to make additional motions upon denial of their initial motion. Moreover, many litigants unnecessarily delayed filing their motions, often several months after the judgment was rendered. The new time limitation placed in filing the motion is designed to assist in expediting the finality of small claims judgments.

HOLIDAYS

The San Diego Superior Court will be closed Friday, March 31, 2006, for Cesar Chavez Day.

QUOTABLE QUOTES

by Randall "Rex" Erickson

Thus, the decision ... and its reference ... were consistent with general law. But times have changed and in the words of H.L. Mencken, "[t]ime is a great legalizer...." (H.L. Mencken, A Book of Prefaces (1917) p. 282.) (Beavers v. Allstate Ins. Co. (1990) 225 Cal.App.3d 310, 331 )

"Craft is the vice, not the spirit of the profession. Trick is professional prostitution. Falsehood is professional apostasy. The strength of a lawyer is in thorough knowledge of legal truth, in thorough devotion to legal right. Truth and integrity can do more in the profession than the subtlest and wiliest devices. The power of integrity is the rule; the power of fraud is the exception." (Day v. Rosenthal 170 Cal.App.3d 1125, 1180-1181 (Arabian, concurring), citing Judge Edward G. Ryan, Address, Univ. of Wisconsin Law School, 1880.]

FROM THE PRESIDENT

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Our visibility as an organization comes from our participation in and support of community events. But we must not overlook ways and means to make our association more visible or any tangible way as we go about these activities. I have asked the board to undertake a search for a seal, Crest or logo and marks, which clearly label our association and our mission. As members of this organization, I invite each of you to help us to identify the key components of our association’s identity. If you are creative or artistic or simply have an idea for a seal, Crest or logo which represents this Bar Association’s dedication to service to the members and the legal community and encourages professionalism and collegiality and practice of law, your artwork or concept may become symbolic of this organization for years to come. I invite your submissions, either by mail to our P.O. Box 1077, El Cajon, California 92020, or to me by e-mail or at etorrence@earthlink.net.

I believe the key to productivity is to set reasonable and measurable goals. To this end, I have asked each of the section chairs and Committee Chairs to identify specific target goals and milestones for their sections and committees. I have also requested that each of these bar leaders summarize their experience and successes in a brief turnover file to be provided to their successors at the end of this year.

It is also become apparent that we have a significant history in this organization since its founding in 1963 which we have a duty to collect and preserve. For this purpose, I will be writing to past presidents of this organization, inviting them to submit their recollections of the challenges, milestones and major achievements of the organization during their tenure.

The board has wholeheartedly accepted the challenge of this aggressive agenda of goals and has indicated their willingness to work together to meet these goals. They need your help and support. Please take a look at the sections and committees of the Association as listed on page 7 to find just one or two areas where you can volunteer a few hours of your time to help the board accomplish its tasks. Many hands make light work. Since we all have much to be gained by the success of our association I look forward to your support and a very successful 2006.

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.

EAST COUNTY

LAWYER’S CLUB

HAPPY HOUR SOCIAL

The East County Lawyer’s Club will hold a Happy Hour Social on Thursday, March 16, 2006 from 5:15 p.m. to 7:00 p.m. at the Downtown Café (on Main Street, west of the El Cajon courthouse). Be there to welcome new members, join colleagues and friends. Drink tickets and appetizers will be provided and you can participate in a special prize raffle to raise money for the East County Lawyer’s Club Scholarship Program. Prospective members are welcome to meet board members of the Lawyer’s Club.

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 March 9, 2006, the speaker will be Teri Daniels from the San Diego Superior Court Probate Examiner’s Department.

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 next meeting is scheduled for Tuesday, March 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.

Attorney and Certified Family Law Specialist Garrison “Bud” Klueck will provide an update on statutes and case law changes since his excellent and well received summary of these issues at this time last year.

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.

FAMILY LAW SECTION MEETING NEWS

The Family Law Section hosted a “Judges’ Roundtable on Spousal Support” during it’s MCLE brown Bag Lunch on February 21, 2006. The panel was comprised of all three of the Family Law Judicial Officers of the East County Division of the Court, the Honorable Patricia Garcia, the Honorable Lantz Lewis and the Honorable Alan Clements. In addition to providing the view of policies and procedures in Departments 5, 6 and 7, the Judges responded to specific spousal support scenarios arising in emergency hearings, initial Order to Show Cause hearings, trial and post trial hearings on modification of spousal support. The meeting was attended by more than 50 attorneys of which 20 are prospective new members. This was a great way to welcome Judge Garcia as the new head of the Family Law Bench and show our appreciation for the support of the Judicial Officers which we have enjoyed for many years.

SMALL CLAIMS COURT

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

March, 2006

1          Timothy Cohelan

2          David Demergian

3          David Egan

7          Miranda C. Franks

8          Elliott Kanter

9          Garrison “Bud” Klueck

10        Larry Kincaid

14        Wells B. Lyman

15        Thomas Marshall

16        John Martin

17        Catherine Tancredi

21        Clare Maudsley

22        Ron Oberndorfer

23        Kristine Nesthus

24        Barry Pasternack

28        Blaine Phipps

29        Charles Scott

30        Kenyon Young

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

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

March, 2006

3-1-06             Karen Chettle

                        Cheryl Daily

                        Charles Fougeron

                        Brian Hockvert

3-8-06             Marilyn Beirer

                        Andy Cook

                        Judy M. Marolt

                        Richard Renkin

3-15-06           Cynthia Baker

Brian Burkett

                        Robert Bowers

                        Anthony Dunne

3-22-06           Stanley Bacinett

                        Stanwood Johnson

                        James Mietzel

                        Charles Schmidt

3-29-06           Lori Vivano Clark

Sandra Mayberry

John McCabe

James Mietzel

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