FROM THE PRESIDENT

By Jerry Carmody

Dear Members:,

Judge Laura W. Halgren advises me that many attorneys appearing in her department have complained that they were not receiving notice from the court after moving their offices. She has requested that I inform the members that if they move their offices they need to file a Judicial Counsel Form entitled Notice of Change of Address & Telephone Number, Form MC-040, in each branch of the Superior Court. This form triggers the Clerk to change the information in their computers that generate the notices that the Court sends out to attorneys.

We had a little over 20 persons attend our Hard To Get MCLE Credits seminar on October 23, 2004. I was disappointed with the attendance since the seminar was our main fund raising event and gave the FBA an opportunity to provide financial assistance to worthy causes in our community. We hope that our members attendance will improve at our seminars and fundraising events held in the future.

On Wednesday, November 17, 2004, we will be presenting a seminar entitled American Indian Law: Ten Things Every California Attorney Should Know. The seminar will feature Nancy Carol Carter, who has served as a Director of the USD Legal Research Center and as a Professor of Law at USD since 1987. She was named a Herzog Scholar, holds a M.S. in History, and M.L.S. and J.D. degrees. She was the editor of the American Indian Law Review at the University of Oklahoma School of Law and has developed a lasting interest in legal issues relating to Native Americans and other indigenous populations. The seminar will be held at BJ’s Bar & Grill on November 17, 2004, commencing at 12:00 noon to 1:15 p.m. The cost of the seminar is $15.00 for Members and Guests that register before November 5, 2004 and $20.00 thereafter. Information about where to send your reservation is on the flyer in the Newsletter.

con't on page 3

FROM THE COURT

by Robert A. Durant

Assistant Executive Officer

Administrative Division

Statutory Provisions

Regarding Weight

Loss Contracts

State statutory law affords Californians significant consumer protection involving weight loss contracts. Civil Code Section 1694.5 defines weight loss contracts as a contract with any weight loss program or center providing a number of services, including instruction regarding weight reduction, diet and eating habits. Civil Code Section 1694.5 also identifies weight loss contracts as contracts made by organizations formed in pursuit of weight loss goals, and agreements made by weight loss businesses providing prepackaged and prepared foods.

Civil Code Section 1694.6 allows for a buyer of a weight loss contract to cancel the contract no later than midnight of the third business day after the signed agreement was made. Civil Code Section 1694.7 requires the inclusion of a statement of at least 10-point boldface type detailing the buyer's right to cancel the contract. The statement must be within close proximity of the signature space of the buyer.

Civil Code Section 1694.6 mandates that the buyer must provide a written cancellation, which, if mailed, is effective when deposited. Thereafter, the seller must refund the buyer's money no later than 10 days following receipt of the buyer's cancellation.

Civil Code Section 1697.7 limits the financing of weight loss contracts to two years from the date of contract entry. Additionally, it provides the buyer the opportunity to be relieved of his contractual obligation in the event the buyer relocates more than 50 miles from the weight loss center and cannot transfer the contract to a comparable facility, although the buyer may be subject to a cancellation fee not exceeding $100.

In accordance with Civil Code Section 1694.9, any contract not in compliance with its provisions is deemed void and unenforceable. Moreover, Civil Code Section 1694.9 allows for a buyer asserting a willful violation of the statutory provisions to sue for three times the amount of the actual damages incurred.

COURT HOLIDAYS

The San Diego Superior Court, East County Division will be closed on Thursday, November 11, 2004 for Veteran's Day, Thursday, November 25, 2004 for Thanksgiving Day and Friday, November 26, 2004 for the day after Thanksgiving.

HOLIDAY SCHEDULE

Please use the enclosed charts to calendar Criminal/Traffic and Unlawful Detainer hearings during the holidays in November and December.

REMINDER FROM

THE COURT

Please be reminded that the court requests that no gifts be given to any court personnel as it violates the Court Code of Ethics. Your cheerful attitude at the counter and cooperation in the courtroom is greatly appreciated and all the thanks that they need.

21st ANNUAL

JUDGE'S RECEPTION

The 21st Annual East County Lawyer's Club Judge's Reception will be held on Thursday, December 2, 2004 from 5:15 p.m. to 7:15 p.m. at the El Cajon Community Center located at 195 East Douglas Avenue in El Cajon. This popular event, which features holiday music, hor d'oeuvres and champagne, provides a unique opportunity to meet with judges and colleagues in a pleasant, informal setting. All members of the bench and bar are invited to attend.

FROM THE

PRESIDENT

con't from page 1

A reminder that Wells Lyman, the President-Elect for the San Diego County Bar Association, will be installed on December 3, 2004 at the San Diego County Bar Association Building at 6:00 p.m. The Honorable Christine Goldsmith will be administering the oath of office and I know that it would mean a lot to Wells if his friends and colleges from the FBA could attend.

I am pleased to announce that San Diego will be welcoming California's Supreme Court in December. This is a special visit that will include oral argument sessions at USD School of Law and a cocktail reception at the Bar Center. Chief Justice Ronald George has put together a program to involve San Diego students on Tuesday, December 7, 2004 where students across the county will be able to watch the Court and hear oral arguments in their classrooms on closed-circuit television. The Chief Justice would like to send a two person team, including a lawyer and a Superior Court judge, into the classrooms to help explain the process and facilitate discussion.

The SDCBA and Court of Appeal are working together to solicit volunteers from the local bar to assist the Justices with their program. While the details are still being worked out, taking part will entail being available to be paired up with a Superior Court judge the morning of Tuesday, December 7, 2004. If you would like to participate in the program you are urged to call the Bar Center at (619) 231-0781 to volunteer. Those lawyers who take part will be invited (with a guest, preferably a student) to attend the Wednesday,

December 8, 2004 oral argument session.

Regards,

Jerry L. Carmody, President

LETTERS TO

THE EDITOR

I received this letter from John McCabe on October 23, 2004.

Dear Cathy,

On Saturday, October 23, 2004, I was pleased to be en route to the annual FBA MCLE seminar. Upon arrival, my enthusiasm about participating in this opportunity to obtain those "hard to get" credits was immediately dimmed by the fact that there were far, far more empty than occupied seats. Less than 15% of our membership was in attendance. Yes, there are soccer games for our children, honey-do's expected from our spouses, golf, tennis, walks and myriad reasons not to attend on a Saturday morning. And possibly all the absentees have already completed their MCLE requirements. But what happened to the concept of members just supporting our FBA activities? It was a bit disheartening to say the least.

Maybe next year?

Jack

The next day, I received this from Wells Lyman.

Cathy,

I want to add my second to Jack's statement. We have hard working Foothills members and leaders who. year in and year out, are committed to giving service to our members. That commitment, however is a two-way street.

Wells

Happy Thanksgiving Day

QUOTABLE QUOTES

by Randall "Rex" Erickson

"[L]et me not be understood as saying there are no bad laws, or that grievances may not arise for the redress of which no legal provisions have been made. I mean to say no such thing. But I do mean to say that although bad laws, if they exist, should be repealed as soon as possible, still, while they continue in force, for the sake of example, they should be religiously observed.'" (People v. Williams (2001), 25 Cal. 4th 441, 461.)

"Trial Judges should bear in mind Socrates' admonition: 'Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly, and to decide impartially.'" (Etzel v. Rosenbloom (1948) 83 Cal.App.2d 758, 765; People v. Hefner (1981) 127 Cal. App. 3d 88, 92.)

FOOTHILLS BAR

ASSOCIATION

ANNUAL DINNER

The FBA Annual Dinner and Installation of the 1999 Officers and Board of Directors will be held on Friday, January 28, 2005 at the Singing Hills Country Club. Don't miss the fun. The evening promises to be filled with laughter, merriment, awards and surprises. Look for more detailed information in upcoming newsletters.

The next meeting of the Civil Litigation Section will be on Wednesday, November 17, 2004 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 Nancy Carol Carter, who will discuss "American Indian Law: Ten Things Every California Attorney Should Know. " Please read further information in the 'From the President' on page 1.

The meeting is free to members of the FBA. The cost is $10.00 for non members. The cost of lunch will be approximately $15.00 if more than 20 people attend. If not, the cost of lunch will be whatever you choose. 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 next meeting of the Estate Planning, Trust and Probate Section will be on Thursday, November 18, 2004 from 12:15 p.m to 1:15 p.m. at Law Office 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. Bring your lunch, enjoy the meeting and earn one hour of MCLE.

This meeting is tentatively scheduled pending contact with Nancy Ewin. The date, time, speaker and topic will be determined. Please contact Nancy Ewin's office at 619-698-1788 to confirm this meeting.

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 MCLE credit by the State Bar of California in the amount of 1.0 hour General Participatory. 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 Nancy, Scott or Jocelyn.

The next meeting of the Family Law Section will be on Tuesday, November 9, 2004 from 12:00 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 brown bag lunch.

The speaker and topic will be announced at a future date. Please check the family law departments for a flyer containing information regarding this meeting.

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 Bud, Ed or Judi.

SMALL CLAIMS COURT

Please be prepared to take the

bench at 8:15 a.m.

For a six month trial period from October, 2004 through January, 2005, all small claims hearings at the East County Superior Court will be scheduled exclusively for the court’s morning calendar. Small claims litigants will be scheduled for 8:00 a.m. and 10:00 a.m. sessions. Small claims hearings are held from Tuesday through Friday at the East County Superior Court.

November, 2004

2        Ron Oberndorfer

3        Blaine Phipps

4        Clare Maudsley

5        Jon McKinley

9        James Mietzel

10      Frank Puglia

11      Dan Bacal

12      Thomas Castonguay

16      Timothy Cohelan

17      Dave Demergian

18      David Egan

19      Joseph Fox

23      Larry Kincaid

24      Leroy Knutson

25      Holiday

26      Holiday

27      Garrison Klueck

            FAMILY LAW SETTLEMENT

CONFERENCE JUDGE

Please arrive at Department 5

by 8:30 a.m.

November, 2004

11-3-04        Cheryl Daily

                    Richard Feuerstein

                    Jeff Stacer

11-10-04      Dark

11-17-04      William Daley

                    Jeff Fritz

                    Russ Robinson

11-24-04      Charles Fougeron

                    Stanwood Johnson

                    Lorraine Purviance

2004 SECTIONS:

CIVIL LITIGATION

Jerry L. Carmody 667-9600

Sam Parise (858) 674-6660

Mark R. Raftery 589-8800

CRIMINAL LAW

Daniel Cohen 697-0333

Andrea Schneider 337-1384

ESTATE PLANNING

Scott Cole 460-2080

Nancy Ewin 698-1788

Joselina Medrano 562-9999

FAMILY LAW

Judith Klein 698-1882

Bud Klueck 448-6500

Edward Torrence 698-6059

2004 COMMITTEES:

ANNUAL DINNER

Joseph Fox (858) 527-0111

Mark R. Raftery 589-8800

COMMUNITY SERVICE

Joselina Medrano 562-9999

COURT LIAISON

Jerry L. Carmody 667-9600

GOLF TOURNAMENT

Dan Bacal 588-2064

HARD-TO-GET CREDITS

SEMINAR

Judith Klein 698-1882

Bud Klueck 448-6500

Judy Marolt 442-1857

LAW DAY

Jerry L. Carmody 667-9600

MCLE

Daniel Cohen 697-0333

Joselina Medrano 562-9999

MEMBERSHIP

Edward R. Torrence 698-6059

PUBLICATION

Catherine Tancredi 579-7876

SPECIAL EVENTS

Judith Klein 698-1882

Jerry L. Carmody 667-9600

Foothills Bar Association

P.O. Box 1077

El Cajon, CA 92022