March 2004 E-Newsletter - San Diego County Public Law Library

Court of Appeal Provides Some Guidance on Scope of Two Year Statute of Limitations In 2002, the California Legislature changed the statute of limitations for personal injury and wrongful death actions from one year, under Code of Civil Procedure section 340, to two years, under new Code of Civil Procedure 335.1 (Stats. 2002, ch. 448 [SB688]). For personal injury lawyers, a festering issue has been whether that change applies retroactively to injuries that occurred prior to January 1, 2003, when the new law took effect. One court of appeal has now weighed in on part of that question, holding that the new statute applies retrospectively only for victims of the 9/11 terrorist attacks. See Krupnick v. Duke Energy Morro Bay, L.L.C. (Feb. 18, 2004, B168117) ___Cal.App.4th___ [2004 D.A.R. 2119]. The slip and fall injury in Krupnick had occurred on January 26, 2001. The one year time limit expired on January 26, 2002, before the extended time limit was enacted or operative. The action wasn't filed until January 8, 2003 -- shortly after the new two-year statute went into effect and before the second anniversary of the accident. The Krupnick court concluded that the new legislation did not revive the right to sue after the previous time limit had run out. (The victims of 9/11 come within an express exception mentioned in an uncodified part of the statute and in its legislative history.) Krupnick is probably a reliable harbinger of how the California courts are going to treat personal injury claims from vintage 2001, but it neither considered nor conclusively determined the fate of vintage 2002 personal injury claims. What if a car accident occurred on July 1, 2002, but the victim waits until March 1, 2004 to check in with a lawyer? The accident occurred while the old one-year statute of limitations for personal injury was in effect (or three years for property damage under Code of Civil Procedure 338, subdivision (c)). But before that one-year time limit expired, the new two-year statute of limitations became operative on January 1, 2003. Which time limit applies? If the old one-year limit still applies, then time ran out before the potential client contacted the lawyer. But if the one-year limit automatically enlarged to two years when Code of Civil Procedure section 335.1 came into effect at the beginning of 2003, then there is still ample time to investigate the facts and commence suit before the two-year period expires on or about July 1, 2004. It is at least arguable, despite Krupnick, that the enlarged statute of limitations applies to vintage 2002 cases. See 3 Witkin, California Procedure (4th ed., 1996) Actions, section 431, pages 539-540. These cases still pose a risk of malpractice liability for personal injury lawyers. If they advise vintage 2002 accident victims that it's already too late to sue, that advice may turn out to be wrong if a future case adopts Witkin's analysis. Meanwhile, both plaintiff and defense lawyers have to be prepared to litigate the statute of limitations issue for cases stemming from accidents that occurred in 2002 but were not filed until some time between the first and second anniversary of the accident. Krupnick resolved part of the uncertainty, but for 2002 vintage injuries, the limitations issue still festers.

Finding Fugitive Laws Sometimes part of a law librarian's job is to show that laws or regulations don't exist. Cheryl, a Reference Librarian at the North County Branch, had that experience recently when a patron came to her and wondered why he couldn't find section 2516 of Title 24 of the California Code of Regulations. Title 16 section 1991 of the California Code of Regulations deals with reporting requirements for termite removal, and refers readers to this elusive section. The patron was wondering if he'd suddenly become blind, because he just couldn't seem to find the section. Ever resourceful, Cheryl exhausted all resources she could find in the Law Library, and then contacted the Structural Pest Board directly. After checking, the Structural Pest Board said, "You're right, it doesn't exist. If anyone else asks about that section, to refer them to us online or call Dennis Patzer (916) 561-8700." Thanks to Cheryl's excellent sleuthing skills, the patron was able to get his answer. It's all in a day's work for a law librarian.

Memorial Fund Set Up for Judge, Friend of North County Branch In the past the Public Law Library has had many supporters, but the Honorable Fiorenzo V. Lopardo was in a league of his own. Judge Lopardo was a well known figure not only at the Vista courthouse, but at the North County Law Library as well. Lopardo helped found the North County Branch of the Public Law Library in the early 1970s and was famous for fining tardy attorneys and ordering the fines to be paid to the North County branch. This provided invaluable support for this fledgling branch of the Law Library in its early stages. He also raised funds for the Law Library through various bar association functions. Judge Lopardo passed away on Jan 24th, and his family suggested that memorial donations be given to the North County Law Library. To that end, we have established a fund in Judge Lopardo's name and currently we have almost $500 in it. If you would like to contribute to the fund, simply send a check to either the North County branch or the Main Law Library along with a note saying that you'd like the money to be placed in the Judge Lopardo fund. Please make checks out to the Law Library Justice Foundation. Contents of this fund will go to the direct support of the North County Law Library.

Closed for Repairs Many of you come to the Law Library because we have superseded statutes from all 50 states on our 5th floor in storage. As many of you find out (sometimes the hard way at midnight the day before trial), Lexis and Westlaw databases don't have many statutes before the early 80s. However, the County of San Diego is doing some repair work on the 5th floor and estimates that it will take at least a month to complete repairs. During that time, 5th floor materials are not available for safety reasons. Thanks for your patience!

New Books- March 2004 Here is a list of some of our newest acquisitions. Please note that while some of these books are located only at Main, books that circulate can be sent to our branches upon a request from the branch. Click on "Availability" at the end of each entry to see which location has the book and whether it circulates. CHECK SHELVES means the book can be checked out. LIB USE ONLY means the book cannot be checked out. If you see a date, that means the item is checked out and is due back on the date shown. California Objections: Civil and Criminal, 1st ed., by J. Michael Byrne & Gregory H. Ward, 2003. Availability. Also in CD-ROM. Family and Medical Leave Manual for CA Employers, 7th ed., by Richard J. Simmons, 2003. Availability. Legal Rights of Persons with Disabilities (.pdf), California Attorney General's Public Rights Division, 2003. Available in print also. A Local Official's Guide to Ethics Laws (.pdf), Institute for Local Self Government, 2002. Available in print also. Resident's Handbook: A Compilation of Laws Related to Mobilehomes and Recreational Vehicles, including: 2003 Mobilehome Residency Law, Recreational Vehicle Park Occupancy Law, Manufactured & Mobile Home Resale Disclosures, Other Selected Statutes, California Senate Select Committee on Mobile and Manufactured Homes, 2003. Availability. Toxic Mold: An Update, Program Handbook, Jan. 2004. Continuing Education of the Bar c2004. Availability. Using the Law Library: Your Guide to Legal Resources In (and Outside) the Law Library, 3d ed. HALT, 2004. Availability.

Used Law Book Sale! This year, as part of our Law Day celebration, the Main location of the Law Library will have our first annual used law book sale on Saturday, May 1st. If you have books that you'd like to donate, please contact Amy Hale-Janeke either by phone at (619) 531-4437 or by e-mail. Hardbacks will be $2 per volume and softbacks will be $1 per volume. Don't forget that our East County Branch sells used books year-round. Stay tuned for more info about Law Day in next month's issue!

Closed for March 31 for Cesar Chavez Day All locations of the Public Law Library will be closed March 31st in observance of Cesar Chavez Day. Normal hours will resume on Thursday, April 1st. Go here to see a list of other 2004 holiday closure dates.

San Diego Changes Section 8 Housing Rules On February 11th, the San Diego County Board of Supervisors decided to require persons living in Section 8 housing to undergo periodic criminal background checks while participating in the Section 8 program in San Diego County. Previously, participants were asked to volunteer information about any changes during their residency that would make them ineligible for Section 8 funding, such as criminal convictions. Not surprisingly, few decided to voluntarily report their convictions and effectively evict themselves. The Section 8 program requires applicants to be screened when they enter the program, move to another Section 8 facility, or add a family member. But if participants did not move or add a family member and were convicted of drug-related or violent crimes or sex offenses while a current Section 8 participant, then no one was the wiser. This Board of Supervisors' decision could help remedy that glitch in the system. How did I find this info? San Diego County's Clerk of the Board of Supervisors has a neat search tool that allows you to search 20 years worth of Board of Supervisors minutes either by search term or by date.

IRS Disaster Forms If you experienced a disaster this past calendar year (such as the October fires), the IRS has put together Disaster Losses Kits for Individuals ( form 2194) and Disaster Losses Kits for Businesses ( form 2194b) The IRS has a full description of the tax relief available online as well. When filling out the forms, the IRS says the Disaster Designation for this area is "CA Wildfires". As you know, current federal tax forms and publications are available online, but for people who still like to work with hard copies, the Main Branch of the San Diego County Public Law Library carries an extensive assortment of free IRS tax publication booklets and forms (emphasizing individual rather than corporate tax materials). All branches of the Public Law Library carry the standard California tax booklets and the most common federal booklets and forms. The Main location of the Library also carries a set of sister state income tax forms for individuals. (Most, but not all states, will accept reproducible forms). We also maintain a retrospective collection of reproducible state and federal tax forms for several years past. While the supply lasts, the Main location also has giveaway copies of the non-reproducible, multiplex Form W-2 and Form 1099-Misc.

Cartoon of the Month- A Happy Marriage... This cartoon is one of Stu's Views. These are cartoons by a local lawyer, geared for lawyers. Stu is an entertainment lawyer here in San Diego who represents mostly visual arts creators. As he says in his bio on his home page, "Stu is the lawyer for cartoonists and the cartoonist for lawyers." See other cartoons by Stu at www.stus.com.

Legal Links- March 2004 St. Patrick's Day is coming up, so this month's links have a bit 'o' Irish twist to them. Enjoy, and if you happen to see a Little Person (they don't like to be called Leprechauns anymore), it is time to put down the green beer. Irishlaw.org- Maintained by the faculty of UCC Law School (that's University College Cork in Cork, Ireland), this page is packed with links to statutes, guides to the Irish legal system, and a list of legal subject areas. Other things Irish- Try these links to find out important info like: why St. Patrick's day is celebrated; the unofficial St. Paddy's day song; or a quick tongue-in-cheek overview of Irish terms before heading out to the pub. The Leprechaun Watch- believe it or not, this is a real site with a webcam situated in an oak tree and aimed at a meadow in Ireland. People actually watch the webcam and then send in reports of "real" leprechaun sightings. I think perhaps too many people are drinking too much green beer. Here is a direct quote from the site: "The fairy tree is the last link the Fair Folk have to the larger range they once enjoyed when they ruled the land - their anger at this loss is understandable. We are monitoring the area in front of the oak because of leprechaun activity there in recent weeks and months." Sounds like the Little People may want to sue to get their lands back. Maybe they should they sue in small claims court?

Reference Question of the Month- Impersonating a Lawyer... Q: I hired someone to represent me who said they were an attorney. Turns out they were a paralegal and couldn't represent me in court. I lost my case and need to know I can do now? A: First, you can check to see if someone is an attorney by going to the California State Bar's website. Paralegals and legal assistants are not required to be registered with the State Bar or any state agency, but as of Jan. 1, 2004, California's Business and Professions Code 6450-6456 was added to explicitly outline what paralegals and legal assistants are allowed to do and the punishment for violations. On the civil side, a person can sue a paralegal and this section allows the person suing to collect attorney's fees if they win. The criminal sanctions for paralegals or others who pretend to be attorneys is a fine of up to $2,500 per person harmed for the first violation. Repeat offenders can be charged with a misdemeanor for second and subsequent violations and be fined $2,500 as to each consumer with respect to whom a violation occurs, or imprisonment in a county jail for not more than one year, or both. Additionally, any person convicted of a violation of this section shall be ordered by the court to pay restitution to the victim pursuant to Section 1202.4 of the Penal Code. OK- so now you know you can sue someone who pretends to be a lawyer, but how do you start a criminal investigation into a case of lawyer impersonation? One way is to file a complaint with the San Diego City Attorney. Complaint forms are available in English and in Spanish. Another way is to make a non-emergency report to the police. Call (619) 531-2000 (use (858) 484-3154 from Carmel Valley, Rancho Bernardo, Rancho Penasquitos, and San Pasqual). To find out more information about paralegal issues, check out the San Diego Paralegal Association.

We hope you've enjoyed our newsletter. We're hard at work on the next edition. In the meantime, please visit us online at: http://www.sdcpll.org/. And come see us in person at one of our locations. For locations and hours please click here: http://www.sdcpll.org/location.htm. For more information contact: Amy Hale-Janeke ahale@sdcll.org Media Coordinator / Reference Librarian (619) 531-3900