FROM THE PRESIDENT

by Edward R. Torrence

Well pull up a chair and we’ll talk about what’s going on in this little association of ours in the month of May.

A Little Bit of History - Our interest in gathering a little bit of our organization’s history since 1963 spurred a great idea. Lynn McDougal suggested a luncheon meeting for past presidents of the Association and even more importantly has agreed to make the invitations and twist the arms to make this event happen. We’ll be asking each of the past presidents to share some of their recollections of the issues of the day, the projects undertaken and the successes which occurred during their tenure. I would love to see a little bit of our collective history begin to take shape before we reach our 50^th anniversary.

May is the month of Mother’s Day - We’re each on our own on this one. Can’t overlook this holiday. How can anyone overlook the holiday that honors Mom. Your Mom. All Moms. Did you know that we did not begin celebrating a national “Mother’s Day” in the United States until 1915? England was one of the first countries to set aside a day to recognize mothers. In the eighteenth century when many people worked as household servants for the rich, "Mothering Sunday" was reserved for them to return home to be with their mothers. Though this custom stopped when the Industrial Revolution altered the working and living patterns of the people, one Sunday for Mothers was established as a holiday in the twentieth century. The Mother’s Day observance in this country was due largely to the perseverance and love of one daughter, Anna Jarvis. Anna's mother had provided strength and support as the family made their home in West Virginia and Philadelphia, Pennsylvania where her father served as a minister. When Mrs. Jarvis died on May 5, 1905, Anna was determined to honor her. She asked the minister at her church in West Virginia to give a sermon in her mother's memory. On the same Sunday in Philadelphia, their minister honored Mrs. Jarvis and

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FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

NEW LAWS AFFECTING COMMON

INTEREST DEVELOPMENTS

New law authorizes the initiation of small claims actions for delinquent assessments in common interest developments. Civil Code section 1367.4 provides that when an association of a common interest development seeks to collect delinquent assessments of less than $1,800, not including accelerated assessments and specified late charges and fees, the association must either file a civil action in small claims court or record a lien upon the property at issue. The statutory change pertains to debts or assessments arising on or after January 1, 2006.

Moreover, Civil Code Section 1367.4 provides that the small claims court has discretion to award accrued unpaid assessments, late charges, collection costs, legal fees and interest up to the $7,500 small claims jurisdictional limit.

An additional statutory change allows for court participation of a common interest development through an agent. Code of Civil Procedure Section 116.540 (I) provides that an association created to manage a common interest development may appear and participate in a small claims hearing through an agent, a management company representative, or bookkeeper appearing on behalf of the association.

HOLIDAYS

The San Diego Superior Court, East County Division will be closed Monday, May 29, 2006 for Memorial Day.

QUOTABLE QUOTES

by Randall "Rex" Erickson

"In law, what plea so tainted and corrupt but, being seasoned with a gracious voice, obscures the show of evil?" [Shakespeare, Merchant of Venice, Act 3, Scene 2.] (Day v. Rosenthal (1985) 170 Cal.App.3d 1125, 1180 (Arabian, concurring).)

In the realm of investigation, search and seizure, the restrictions against unlawful exercise thereof relate to the reasons and conditions upon which the law enforcement officers' conduct is premised and not to the turning of the earth upon its axis or in its orbit. (People v. Cacioppo (1968) 264 Cal.App.2d 392, 398.)

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 will be provided in future newsletters but in the meantime, please contact Dan Bacal at 588-2064 if you have any questions.

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.

CALENDAR CHANGES FOR DEPARTMENTS 3 & 4

Effective March 16, 2006, walk-in arraignments started being sent to Department 3 and misdemeanor readiness, including 10:00 a.m. in-custody readiness, started being heard in Department 4. Also, pleas from Department 11 are now being heard in Department 4 on the 9:00 a.m. calendar. These changes are being made to streamline the flow of cases in the two departments and to better utilize the counseling attorneys. Cases should be heard more efficiently with far fewer defendants being "shuffled" between the two courtrooms. The specific calendar schedules are listed below. Beginning May 1, 2006 there will be additional changes, including moving Prop 36 hearings to Thursday mornings.

Department 3 Implementation

Department 3 Effective 5/1/06

Department 4 Implementation

Department 4 Effective 5/1/06

FROM THE PRESIDENT

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all mothers with a special Mother's Day service. Anna Jarvis began writing to congressmen, asking them to set aside a day to honor mothers. In 1910, the governor of West Virginia proclaimed the second Sunday in May as Mother's Day and a year later every state celebrated it.

Amazing what determination and a good cause can accomplish.

May is the Month of Law Week Law Week traditionally celebrates the role of law in our society, our country and our government. It’s not nearly as well recognized as Mother’s Day or nearly as beloved but with determination and a good cause who knows how widely this may be respected in years to come. It’s not to late to be part of the observance. There are ample opportunities to contribute a few hours of your time to this worthwhile observance.

May is the Month of Memorial Day A popular T-shirt slogan is “Freedom is Not Free” perhaps inspired by Thomas Jefferson’s often quoted “The price of freedom is eternal vigilance.” It is a simple and terse expression of the notion that our continued freedom has been ensured by the willingness of a few to serve the country in the armed forces and the sacrifice of those who risked all and suffered the greatest personal loss for the freedom of their countrymen.

The first official recognition of a “Memorial Day” observance seems to be a proclamation on May 5, 1868 by General John Logan, national commander of the Grand Army of the Republic in his “General Order No. 11." It was first observed on May 30, 1868, when flowers were placed on the graves of Union and Confederate soldiers at Arlington National Cemetery. States began to recognize the observance beginning with New York in 1873 and by 1890 all of the northern states had followed. Southern states generally declined to acknowledge the day, honoring their war dead on separate days until after World War I. At that time the holiday changed from honoring just those who died fighting in the Civil War to honoring Americans who died fighting in any war. It is now celebrated in almost every State on the last Monday in May (passed by Congress with the National Holiday Act of 1971 (P.L. 90 - 363) to ensure a three day weekend for Federal holidays), though several southern states have an additional separate day for honoring the Confederate war dead: January 19 in Texas, April 26 in Alabama, Florida, Georgia, and Mississippi; May 10 in South Carolina; and June 3 (Jefferson Davis' birthday) in Louisiana and Tennessee.

For purists who would prefer to celebrate a more somber and respectful observance rather than an extended weekend for out of town trips, I recommend a visit to www.usmemorialday.com sponsored by proponents of a traditional and somber observance. I have to admit that I am inclined to favor the more traditional observance even if it means one fewer three day holiday binge. Perhaps it is my military experience or having our youngest son serving in the Army in the Iraq war. Perhaps it is understanding a family history which includes my father, uncle and father-in-law serving during World War II and Korea, a grandmother in World War I, two great grandfathers in the Civil War along with seventeen of my great grandfather’s brothers, cousins and uncles, thirteen of whom died in service or were killed in action before the end of the that war. Perhaps it is the experience of having visited Arlington National Cemetery and realizing that all of those who have served and sacrificed so much are brothers, sisters and cousins to all of us. It is hard to imagine anyone not being touched by their sacrifice that makes a National Memorial Day observance seem to be the least we can do.

Until next month, best wishes to all. 

            Edward R. Torrence

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 May 11, 2006. 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 of the Family Law Section will be held Tuesday, May 16, 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.

May, 2006

2          Clare Maudsley

3          James Mietzel

4          Kristine Nesthus

5          Ron Oberndorfer

9          Barry Pasternack

10        Blaine Phipps

11        Charles Scott

12        Larry Kincaid

16        Kenyon Young

17        Dan Bacal

18        Thomas Buchenau

19        Thomas Castonguay

23        Anthony Chicotel

24        Ed Castro

25        Timothy Cohelan

26        David Demergian

30        David Egan

31        Miranda C. Franks

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

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

May, 2006

5-3-06             Charles Fougeron

                        Brian Hockvert

                        Lee Lawless

                        Edward R. Torrence

5-10-06           Daniel Grunbaum

                        Larry Kincaid

                        Wells Lyman

                        Barton Noone

5-17-06           Bruce Beals

                        Brian Cochran

                        Anthony Dunne

                        Charles Schmidt

5-24-06           Marilyn Bierer

                        Richard Feuerstein

                        J.R. Givens

                        Gary Glauser

5-31-06           Sharon Asaro

                        Andy Cook

                        William Eddy

                        Sara Neumann

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