Tuesday, December 3, 2013

Judges Kreep, Whitney To Take Over Evictions Downtown

Judge Gary Kreep
BlawgSD has learned that Judge Gary Kreep and Judge Richard S. Whitney will be taking over evictions and other limited civil cases at the downtown Central Courthouse, San Diego Superior Court spokeswoman Karen Dalton confirmed today. Judge Whitney will take over Department C-6 on December 11 and handle unlawful detainers and limited civil matters. Judge Kreep will take over Department C-7 on January 8 and will also handle unlawful detainers and limited civil matters. Judge Kreep's move to evictions has been rumored for some time, despite his recent appointment to the traffic court in Kearny Mesa.

Judge Kreep was elected in 2012 with some controversy, after an interesting campaign, where voters elected the attorney who gained notoriety for leading the legal challenge to President Barack Obama U.S. citizenship. Judge Whitney also rankled some members of the local Occupy movement for his ruling in a recent case. The Superior Court website current lists Judge Kreep as "available for assignment" at the Kearny Mesa court. Meanwhile, Judge Whitney currently occupies Department C-42 and handles criminal trials according to the court's website.

Judges Kreep and Whitney will replace Commissioners Cindy D. Davis in Department C-5 and James T. Atkins in Department C-7 who primarily handled unlawful detainers. BlawgSD understands that Commissioner Davis will move to the family court while Commissioner Atkins will take on criminal arraignments. Both commissioners were regarded highly by the unlawful detainer bar.

Friday, November 15, 2013

Court of Appeal, Fourth Appellate District, Division One, Fun Facts

Here is a great history of the Court of Appeal, Fourth Appellate District, Division One from the court's website and written by former presiding justice of the division Gerald Brown. Here are snippets from Justice Brown's account:
Division Two of the Fourth District was created in 1965, with headquarters in San Bernardino, now in Riverside. A panel of three justices began handling matters in early 1966. That same year California voters approved an amendment reorganizing the judicial section of the constitution. The Fourth District Court of Appeal became the Court of Appeal, Fourth Appellate District. The media and public have mostly ignored the change in name. Like the common law writs which rule from their graves, the title "Fourth District Court of Appeal" prevails.
The Court has had six locations in San Diego. In May 1930, its very first session was held in Department 4 of the Superior Court Building. It then established itself that year at the Bank of Italy Building (Spreckels Building) at the southwest corner of Broadway and Fifth Avenue. During the 1930s and 1940s, the Court settled in at the Electric Building at 861 Sixth Avenue. From 1950 to 1963, the Court was located at 620 Ash Street. In 1963, it moved to the State Building, 1350 Front Street, and twenty-five years later when it ran out of space, it moved to its present quarters in Symphony Towers, 750 "B" Street.

Justice Brown's excellent historical account also prevails. We hope you enjoy your Friday.

Monday, November 11, 2013

Veterans Day Closures

It's Veterans Day. Today we celebrate all who have served in the Armed Forces of the United States of America. It's celebrated at this time of year because it used to be Armistice Day to celebrate the end of World War I.

This means the San Diego Superior Court and federal courts are closed for business. All deadlines get pushed until tomorrow.

Moreover, banks and schools are closed as are most government offices.

Also, today is an official holiday in the City of San Diego for parking restrictions.

Friday, November 8, 2013

George Washington Still Has Something to Tell Us

George Washington was on the path to greatness when he was a mere teenager. A friend forwarded to me Washington's Rules of Civility that the former President drafted sometime before his 16th birthday. Just like Abraham Lincoln's various musings of the practice of law, Washington's rules are fascinating, archaic and applicable to today's world and particularly our practice of law. Here are some of the highlights the 110 Rules, published at history.org.

1st Every Action done in Company, ought to be with Some Sign of Respect, to those that are Present.
16th Do not Puff up the Cheeks, Loll not out the tongue rub the Hands, or beard, thrust out the lips, or bite them or keep the Lips too open or too Close.
18th Read no Letters, Books, or Papers in Company but when there is a Necessity for the doing of it you must ask leave: come not near the Books or Writings of Another so as to read them unless desired or give your opinion of them unask'd also look not nigh when another is writing a Letter.  
[Ed.: You could read "smartphone" in place of "Letters"] 
110th Labour to keep alive in your Breast that Little Spark of Celestial fire Called Conscience. 

The entire list is available here.

Historians marvel that the Founding Fathers knew that they were up to something great in forming the United States of America and drafting the Constitution by the way the spoke as if writing to history. It is amazing that George Washington wrote this list as a teenager seeming to know that history would be reading this document well into the future.

While it doesn't discuss the virtues of not puffing up one's cheeks, here is the San Diego County Bar Association's Attorney Code of Conduct. As you will see, Washington's rules still live on today. Are we doing our best to keep these rules alive today and in the future?

Disclosure: BlawgSD is a pro-George Washington blog.

Saturday, November 2, 2013

Danielsen Chosen to Oversee San Diego Superior Court

Judge Danielsen
Judge David J. Danielsen was elected to serve as presiding judge of the San Diego Superior Court, the court announced yesterday. Danielsen, the current assistant presiding judge, will begin a two-year term on January 1, 2014 and take over for Judge Robert J. Trentacosta whose term ends this year. Judge Jeffrey B. Barton, who oversees the court's civil division, was also elected by the court's 154 judges to take over as assistant presiding judge.

“Access to impartial justice is a core American value,” Danielsen said in a press release. “In these troubled economic times, our court has struggled to cope with severe budget cuts. We will continue to advocate for adequate funding and to adapt our court through creative thinking and innovation. We will endeavor to deliver the access to quality justice that our community deserves.”

Judge Trentacosta
Danielsen has assisted Trentacosta in guiding the court through one of its most difficult times financially, where numerous courtrooms were shuttered, many employees furloughed or laid off, and most operations were consolidated in Vista and Downtown San Diego.

Danielsen has been a judge for 23 years. A graduate of Dartmouth College and USD Law, Danielsen was in private practice for over a decade before taking the bench.  He was president of the California Judges Association in 1999-2000.

His work is certainly cut-out for him regarding the court's finances although things appear to be improving somewhat in the money flow from Sacramento.