2 SHAKE, RATTLE, andROLL · SHAKE, RATTLE, andROLL r y 3 s n 2 2017 ETHICS ROUNDUP page22 LACBA’S...

THE MAGAZINE OF THE LOS ANGELES COUNTY BAR ASSOCIATION

APRIL 2018 / $5

Los Angeles lawyers Jean M. Boylan andBarbara R. Gadbois discuss public workscontracting procedures and how theyvary when local or state agencies declare emergenciespage 16

SHAKE,RATTLE,

andROLL

L.A. SuperiorCourt Todaypage 13

DREAMersDecisionpage 52

2017 ETHICSROUNDUPpage 22

LACBA’S NEWEXECUTIVEDIRECTOR

page 8

EARN MCLE CREDIT PLUS

SEMIANNUAL

GUIDE TO

EXPERT WITNESSES

http://www.lacba.org

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16 Shake, Rattle, and RollBY JEAN M. BOYLAN AND BARBARA R. GADBOIS

California's Public Contract Code lays out statutory guidance allowing awardof public works contracts that can bypass standard competitive bidding rulesin case of an emergency

22 2017 Ethics Roundup BY JOHN W. AMBERG AND JON L. REWINSKI

Fair reporting privilege, demand letters, getting paid, and sharp practices and their consequences were among the ethics issues affecting Californialawyers last year

Plus: Earn MCLE credit. MCLE Test No. 277 appears on page 25.

30 Special SectionSemiannual Guide to Expert Witnesses

F EATU RE S

Los Angeles Lawyer

the magazine of

the Los Angeles County

Bar Association

April 2018

Volume 41, No. 2

COVER PHOTO: TOM KELLER

04.18

8 LACBA MattersPast challenges, new initiatives fuel a resurgent LACBABY STAN BISSEY

10 On DirectAdam SieglerINTERVIEW BY DEBORAH KELLY

12 Barristers TipsBitcoin taxation: IRS Notice 2014-14 is just the beginning BY J.D. REES

13 Practice TipsLos Angeles Superior Court's innovative response to financial stressBY THE HONORABLE DANIEL J. BUCKLEY

52 Closing ArgumentCalifornia DREAMing: a nationwideinjunction saves DACABY MARY E. KELLY

DE PARTM E NTS

LOS ANGELES LAWYER (ISSN 0162-2900) is publishedmonthly, except for a combined issue in July/August, by theLos Angeles County Bar Association, 1055 West 7th Street,Suite 2700, Los Angeles, CA 90017 (213) 896-6503. Period -icals postage paid at Los Angeles, CA and additional mailingoffices. Annual subscription price of $14 included in theAssociation membership dues. Nonmember subscriptions:$38 annually; single copy price: $5 plus handling. Addresschanges must be submitted six weeks in advance of nextissue date. POSTMASTER: Address Service Requested. Sendaddress changes to Los Angeles Lawyer, P. O. Box 55020,Los Angeles CA 90055.

4 Los Angeles Lawyer April 2018

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EDITORIAL BOARD

ChairJOHN C. KEITH

Articles CoordinatorSANDRA MENDELL

Assistant Articles CoordinatorTYNA ORREN

SecretaryRENA KREITENBERG

Immediate Past ChairTED M. HANDEL

JERROLD ABELES (PAST CHAIR)

TOM K. ARA

SCOTT BOYER

CHAD C. COOMBS (PAST CHAIR)

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Copyright © 2018 by the Los Angeles County Bar Associ -ation. All rights reserved. Reproduction in whole or in part without permission is pro hibited. Printed by R. R.Donnelley, Liberty, MO. Member Business PublicationsAudit of Circulation (BPA).

The opinions and positions stated in signed material are those of the authors and not by the fact of publicationnecessarily those of the Association or its members. Allmanuscripts are carefully considered by the EditorialBoard. Letters to the editor are subject to editing.

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LACBA EXECUTIVE COMMITTEE

PresidentMICHAEL E. MEYER

President-ElectBRIAN S. KABATECK

Senior Vice PresidentTAMILA C. JENSEN

Vice PresidentPHILIP H. LAM

Assistant Vice PresidentJESSE A. CRIPPS

Assistant Vice PresidentJO-ANN W. GRACE

Assistant Vice PresidentANN PARK

TreasurerJOHN F. HARTIGAN

Immediate Past PresidentMARGARET P. STEVENS

Barristers PresidentJEANNE NISHIMOTO

Barristers President-Elect JESSICA GORDON

Executive Director STANLEY S. BISSEY

Chief Financial & Administrative OfficerBRUCE BERRA

BOARD OF TRUSTEES

KRISTIN ADRIANHON. SHERI A. BLUEBONDSUSAN J. BOOTHRONALD F. BROTTANYA FORSHEITJENNIFER W. LELANDMATTHEW W. MCMURTREYF. FAYE NIABRADLEY S. PAULEYANGELA REDDOCKDIANA K. RODGERSMARC L. SALLUSMICHAEL R. SOHIGIANEDWIN C. SUMMERS IIIKENDRA THOMASKEVIN L. VICKWILLIAM L. WINSLOWFELIX WOO

AFFILIATED BAR ASSOCIATIONS

BEVERLY HILLS BAR ASSOCIATION

CENTURY CITY BAR ASSOCIATION

CONSUMER ATTORNEYS ASSOCIATION OF LOS ANGELES

CULVER MARINA BAR ASSOCIATION

GLENDALE BAR ASSOCIATION

IRANIAN AMERICAN LAWYERS ASSOCIATION

ITALIAN AMERICAN LAWYERS ASSOCIATION

JAPANESE AMERICAN BAR ASSOCIATION

JOHN M. LANGSTON BAR ASSOCIATION

THE LGBT BAR ASSOCIATION OF LOS ANGELES

MEXICAN AMERICAN BAR ASSOCIATION

PASADENA BAR ASSOCIATION

SAN FERNANDO VALLEY BAR ASSOCIATION

SANTA MONICA BAR ASSOCIATION

SOUTH BAY BAR ASSOCIATION

SOUTHEAST DISTRICT BAR ASSOCIATION

SOUTHERN CALIFORNIA CHINESE LAWYERS ASSOCIATION

WOMEN LAWYERS ASSOCIATION OF LOS ANGELES

http://www.nadn.org

https://www.chapman.edu/law/support/index.aspx

John Keith is the 2017-18 chair of the Los Angeles Lawyer Editorial Board. He practicesbusiness litigation with the law firm of Fenigstein & Kaufman in Century City.


In last month’s “From the Chair” column, I wrote of therisk to attorneys in taking on clients who may be convictedin the court of public opinion, as illustrated by the col-

lateral damage (e.g., negative press, loss of other clients)that some of film producer Harvey’s Weinstein’s former

attorneys reportedly suffered.Clients certainly are entitled to choose their lawyers based on their own

criteria. But I find troubling the apparent mindset of much of the public—andespecially the media—that attorneys should be punished for representingunpopular clients. After all, even unpopular people have a right to (and areperhaps most in need of) competent representation, and this mindset seems tothreaten both that right and the independence of lawyers in doing their jobs.

I am even more troubled by recent stories about a different threat to theindependence of lawyers trying to do their jobs. The lawyers at issue are judges,and those who have made unpopular rulings have come under heavy pressurein recent days. Threats to judicial independence are nothing new, of course.Many will remember the story of “the switch in time that saved nine.” (Forthose who don’t: In 1937, after much New Deal legislation was struck downby the U.S. Supreme Court on 5-4 decisions, President Franklin Rooseveltpushed legislation to pack the Court with six new justices, and it was AssociateJustice Owen J. Roberts’ sudden “switch” to supporting the New Deal thataverted this court-packing plan.) However, as Michael Wines reported in arecent article for The New York Times, “political attempts to reshape orconstrain state courts have risen sharply in the last 10 years…propelled bypolarization and a fading of the civics-book notion of governmental checksand balances.”

The latest example is the response of Republican legislators in Pennsylvaniato the decision of that state’s supreme court to strike down the state’s congres-sional district map as a Republican-drawn gerrymander. This response includedthreats to flout a court order to turn over map-drawing data and to file ethicscomplaints against, and even impeach, Democratic justices. As reported byWines, “impeachment—or at least, impeachment threats and attempts—havebecome a common tool to pressure courts in recent years.”

While efforts to punish judges for disfavored rulings appear to skewRepublican, there is at least one recent example in which the political left hasadopted this approach. Aaron Persky, a superior court judge in Santa ClaraCounty, is facing a major recall effort based on his sentencing of Brock Turner,the former Stanford University student convicted of sexual assault in 2016.Some victims’ rights and women’s rights activists say the sentence was far toolenient. Others counter that the sentence was recommended by the probationdepartment (not a sentence Judge Persky came up with himself), that Turnerwas also sentenced to lifelong registration as a sex offender, and that theCalifornia Commission on Judicial Performance cleared Persky of misconduct.The point here is not to adopt a position on the sentence itself. It is to say thatit is bad policy for liberals and conservatives alike to try to remove a judgejust because you dislike one of his or her rulings. We must be vigilant inensuring that judges remain independent and do not become tools either ofanother branch of government or of any political or ideological movement. n

https://www.lacba.org/resources/independent-juvenile-defender-program

http://www.lmic.com


SETTLING IN as LACBA’s new executivedirector, I was re minded of my first weekas the new executive director of theCalifornia Judges Association (CJA) 14years ago. For years, the courts paid theprofessional dues of the judges and com-missioners, but, shortly after I was hired,it was announced that professional dueswould no longer be covered by the courts.The prevailing sense was that judgeswould never voluntarily pay dues and

that CJA was done. That was wrong. At the end of that first self-funding year, more than 93 percent of the members had writtenchecks to support the association when we needed it most. That col-lective focus and compelling need to support and defend what isimportant, professionally and personally, had an enormous impactand made me proud of my association and, more importantly, itmade me proud of my members.

That delicate and dangerous moment says a lot about an associationand those who choose to belong, choose to stay, and choose to make itstronger than ever before. It’s no secret that LACBA has had a roughcouple of years. Some say the association is not what it was, and theyare right…it’s better. Better because of the honesty, the adversity, thechallenges, and because of the resurgence that I see everywhere I turn.

Since I’ve been on board, I have had the opportunity to seefirsthand the energy and excitement of our new and young lawyers,the barristers. I’ve sat in wise counsel with members of LACBA’sSenior Lawyers Section and Council of Sections, listening and learningabout the leadership that built the county bar and that has sustainedit for 140 years.

I recently spent a morning at LACBA’s Domestic Violence LegalServices Project in the Stanley Mosk Courthouse downtown and leftinspired by the good work and meaningful change disbursed everyday. I am also committed to visiting LACBA’s Veterans Legal Services,AIDS Legal Services, and Immigration Legal Assistance projects. Thefour projects, and support for them, are a vital part of our dynamicand modern bar association. They represent the best in all of us.

Internally, I have been overwhelmed by the dedication, pride, andprofessionalism of the LACBA staff. Throughout my 20-year associationcareer, I have been an association staff member and have led associationstaffs, and I can tell you that your professional team is dedicated andcommitted to the success of every member, every program, everysection, and every committee. That pride is reflected in everything Ihave seen, and I am proud to be a part of their professional journey.

Here is just some of what we have begun:The Survey. In February, you received a link from LACBA to

brief member and nonmember surveys. Understanding what youwant and need to be successful and how LACBA can continue tomeet those expectations is vital to our mutual success. It is equallyimportant to reach out to lapsed members to ask why they left and

what we can do to bring them back. Both surveys ask importantquestions that will help drive the internal and external discussionstowards a better county bar and a more exhaustive survey that willserve as the groundwork for serious, long-term strategic and aspira-tional planning. The initial responses have been remarkable and fullof meaningful comments that will move us forward.

Weekly Membership Innovation Discussions. Your entire LACBAstaff is an incubator of innovative ideas for engaging the new lawyeras well as strategies and exciting initiatives for the legacy member. Allmembers need to feel engaged and valued. Our job is to help makethese connections and opportunities easy to access, easy to use, andvaluable to your practice. We have begun embedding video into someelectronic communications aimed at delivering content in compellingand meaningful ways. We are launching a four-program podcast high-lighting Barrister members, sharing their advice and tips for navigatingthe first three years after law school—all towards a member experienceas personal, inclusive, and diverse as our membership.

LACBA Beyond DTLA. The quality and variety of CLE pro-gramming delivered by the sections, usually at LACBA’s offices down-town, is well known and highly valued, but we are the county bar.This programming should be available in every corner of the countywhere members have a need and an interest—in tandem with ourallied bar partners where we can and independently where we must.In addition, we are moving forward with webcasting and recordingselected programs that members can access on their devices at theirconvenience.

Move to Mobile. We are embarking on the move to mobile andthe development of the LACBA app. Your section updates, program-ming, events, dues, social networking, and all that you expect fromLACBA will be easily available and personalized by you, for you.

Dues Payment Ease. Being a member ought to be easy, and payingyour dues even easier. To that end, we are moving towards monthlydebit options from your checking account or credit card.

2018 Marks Our 140th Year. In February, in observance of BlackHistory Month, we began featuring African-American members andstaff in the Daily eBriefs. This recognition will continue through theother heritage months as we celebrate the diversity of the bar andefforts to include all underrepresented segments of the Los Angeleslegal community. Throughout the months ahead and reflected in theimportant signature LACBA events coming this summer and fall, wewill celebrate the leaders who built this association and highlight thetrend and trendsetters shaping the future of the bar.

I have dedicated my professional life to the power of associationsand the rule of law. This opportunity as your executive director isboth humbling and exhilarating and fulfills a lifelong dream to meshthese two passions. Thank you to the many who have offered kindwords of support, advice, and encouragement. We are all LACBA,and I won’t let you down. n

LACBA matters STAN BISSEY

Past Challenges, New Initiatives Fuel a Resurgent LACBA

Stan Bissey is the executive director of the Los Angeles County Bar Association.

http://www.jacktrimarco.com


on direct

ADAM SIEGLER is an attorney in the LosAngeles office of Greenberg Traurig,LLP. His practice focuses on businessand real estate litigation. Formerly, heserved as the staff judge advocate forthe 335th Signal Com mand, U.S. Army,and received the Legion of Merit aswell as Bronze Star, Meritorious Service,and Iraq Cam paign medals. As a vet-erans’ advocate, Colonel Siegler hasprovided pro bono services for morethan 20 years, for which he receivedthe Army Core Values Award from thechaplains of the 63rd Regional SupportCommand. He also developed TheValor Guide on free legal services forveterans in California and serves as thechair of the Armed Forces Committeeof the Los Angeles County BarAssociation. In 2017, he was appointedby the president of the American BarAssociation to the Legal Assistance forMilitary Personnel Committee.

Adam Siegler Colonel (Ret.), Judge Advocate, U.S. Army Reserve

leagues and coworkers.

One of your practice areas is unmannedaircraft systems (drones) law. What shouldthe average Joe understand about privacy?Drones can have an effect on visual priva-cy, but the erosion of privacy through vol-untary disclosure of information on theInternet is a much greater threat.

You went to UCLA, with a double major inpolitical science and history. What lessonhas the United States failed to learn? Wehave failed, each time, to learn the lessonof the last war early enough to preventthe next one.

Later, you attended Loyola School of Law.Why did you want to become a lawyer? Ilike to write, I like to speak, and I wantedto make a difference with the things I do.

What is your best job? I am very happy atGreenberg Traurig.

What was your worst job? I’ve never had abad job because every job means some-thing to me and means something to thepeople who are asking me to do it.

Were you frightened the first time youstood in front of a Judge? I rememberbeing excited.

You’ve been a featured guest on Champi-ons of Justice. What is our biggest obsta-cle to justice? First, the failure to enforcethe rule of law evenhandedly, and, sec-ond, the failure to provide counsel forevery person who has a legal problem.

What do you make sure you always have inyour brief case? My glasses—withoutthem it’s kind of hard to find other things.

You graduated the U.S. Army War College.What is that? That is the Army’s highesteducational level with a design to teach se-nior officers to become strategic leaderson a national level. It’s an absolute privi-lege to learn in the same place as GeneralPatton and General Eisenhower.

You were in the Army Reserve during 9/11.What changed? The immediacy of deploy-ment.

You wrote that for Reserve JAGs deploy-ments can be expensive. How? If you haveyour own practice or you’re a partner in asmall firm, you can suffer a catastrophicfinancial loss. You cannot maintain thecontinuity of your practice while you’reon the Army payroll.

Did that happen to you? Yes, I had a smallfirm that I had to close when I came offactive duty in 2009.

How did you restart your career? Friendsintroduced me to Greenberg Traurig, andthey took a chance on hiring me wheneverybody else was laying people off dur-ing the middle of the recession.

Yet, you accepted a “by name” request toreturn to active duty, which you could havedeclined. Why? My duty was to go whereand when needed.

“Thank you for your service.” Trite or sin-cere? I think it’s sincere, and it is deeplymeaningful to me.

Is there a different vibe between veteranswho were drafted and those who volun-teered? There may have been in the initialmotivation, but everyone who servedtook the oath and understood that theirlives could be put on the line.

What is better, draftee or volunteer? Mypreference is for a volunteer force, but Idon’t think everyone has to carry a gun.A young person should be in some type ofcompulsory service for which he or she isnot exempt, where wealth and privilegedon’t count.

You received the Bronze Star. What happened? The medal is awarded forservice or valor in a combat theatre. Iprovided a useful strategic service in assuring that our detention operationscomplied with the Geneva Conventions.I have a great respect for those who re-

INTERVIEW BY DEBORAH KELLY

What makes you the happiest? Helpingother people.

As of counsel at Greenberg Traurig, an in-ternational law firm with more than 2,000lawyers, what do you like about your job?What I love about my job is my col-


ceived the Bronze Star for valor.

How long was that tour? One year, with10 months in country.

Do The Hague and Geneva Conventionsand rules of engagement endanger sol-diers? I believe they protect soldiers in thelong run.

What if one side is playing by the rulesand the other is not? We follow the rulesbecause we, as a nation, are committed toupholding the rule of law. When otherpeople know we follow the rule of law,they are more willing to cooperate. Also,we protect soldiers from the deep psycho-logical trauma of abusing other people orallowing other people to be abused.

You were a colonel judge advocate for theArmy Reserve. What is the simplest differ-ence between civil law and military law?The law of war, which governs when youcan begin hostilities and the manner inwhich you can conduct them.

Example? On the military side, you haveto engage in hurting people and destroy-ing property. You have to balance theneeds of the mission and self-defenseagainst the rights of others, includingcivilians.

Have you presided over a court martial? Onpanels, as the legal advisor. The cases in-volve similar types of offenses you see inthe civil criminal process—thefts to as-saults.

Do veterans receive the VA benefits theyare promised upon enlisting? From thenumber of homeless veterans on thestreet, it is obvious there is somethingwe’re still not doing right.

You’ve provided pro bono services to veter-ans for more than 20 years. Favorite case?A sergeant bought a car, and the warrantywasn’t honored. I called the dealer andwas told it wasn’t their problem. I’ve always said that some people just needsuing.

What happened? We went all the way to ajury trial. We got compensatory and puni-tive damages, and attorneys’ fees. We do-nated the attorneys’ fees.

Do you think post-traumatic stress syn-drome is underdiagnosed? Many peopleare affected very strongly in ways that wedon’t fully understand and in ways thatthe affected soldier will deny.

As chair of LACBA’s Armed Forces Commit-tee, what is your goal? To help service

members with legal matters. We find thatthe legal matters have an effect on otherareas of their lives.

What is the worst plight of Los Angeles’sveterans? There are more than 4,800homeless veterans, mostly concentrated indowntown.

What do we need to do? See them as realpeople.

Are some service resistant? Yes. We haveto try harder with them.

What characteristic do you most admire inyour wife? Her unerring sense of integrityand doing what’s right, in addition tobeing absolutely beautiful.

What is your hidden talent? I’m prettygood at working on houses. Masonry,carpentry, plumbing…all of the necessarytrades of building a house.

If you were handed $10 million tomorrow,what would you do with it? I would talk to my wife about what we should do together. My first impulse, after takingcare of our family, is to help others. I giveto from eight to 10 charities per month. I feel blessed and fortunate to have the resources to do that.

What book is on your nightstand? I justfinished a biography on Copernicus.

Which magazine do you pick up at the doctor’s office? Scientific American.

What is your favorite sport as a partici-pant? Informal game of baseball withfriends.

Where do you go on a three-day weekend?Santa Barbara.

Which U.S. president would you most liketo take out for a beer? Abraham Lincoln.

What would you ask him? What kept himgoing in the Civil War, enabling him toabolish slavery and win the war.

What are the three most deplorable condi-tions in the world? People suffering fromfamine, war, and disease—so wrong andso unnecessary. U.S. veterans who proud-ly served now living on the street; weneed to fix this. Destruction of the envi-ronment and the animals who live in it.We are all responsible for our world.

Who are you two favorite world leaders?Churchill and Gandhi.

What is the one word you would like onyour tombstone? Peace.

http://www.aikinsmediation.com


barristers tips BY J.D. REES

A CLIENT, ALICE, calls to tell you that after hearing so much aboutcryptocurrencies like Bitcoin, she opened a crypto-trading account.She bought and sold various cryptocurrencies in 2017 but did notreport or pay taxes on her crypto gains. How is the governmentgoing to know what she bought and sold—it’s all anonymous,right? (It is not.) Alice only wants to know if she made a mistakeby not declaring and paying taxes on her crypto gains in 2017.

Although state laws governing crypto are a patchwork, thefederal government has cautiously provided some initial direction.The clearest guidance on federal crypto taxation came in 2014,with IRS Notice 2014-21.1 Notice 2014-21 also happens to bethe most recent IRS statement on the subject. It should be thestarting point for anyone seeking to understand how cryptocur-rency is treated under federal tax laws.

Notice 2014-21 explains that the federal government considers“virtual currencies” (i.e., cryptocurrencies like bitcoin) to beproperty, not currency. The notice states that taxable gains andlosses are incurred “upon an exchange of virtual currency forother property.” Thus, taxable events are not limited to swapsof crypto for fiat currencies (like dollars or euros); a taxableevent occurs each time one trades crypto, whether for fiat currency(like U.S. dollars) or another type of crypto.

For example, fictional Alice bought $1,000 worth of bitcoinon January 1, 2017, which appreciated in value, and, on July 1,2017, was worth $2,000. Alice traded half of her bitcoin ($1,000worth) for litecoin, another kind of crypto. On February 1, 2018,Alice’s remaining bitcoin was worth $2,000, and her investmentof $1,000 worth of bitcoin into litecoin grew to $5,000. Aliceliquidated all of her crypto holdings for $7,000 on February 1,2018. This example contains multiple taxable events.

The first event occurred on July 1, 2017, when Alice tradedproperty (bitcoin) costing her $500 for property worth $1,000(litecoin). That taxable event resulted in $500 of short-term capitalgains. Had Alice held her bitcoin a year before selling or trading,IRS Notice 2014-21 clarifies that they would have been treatedas long-term capital gains, which are taxed at lower rates.

The next taxable events occurred when, after seven moremonths, Alice sold her bitcoin and litecoin for dollars on February1, 2018. The sale of her remaining bitcoin (which had a costbasis of $500) for $2,000 resulted in taxable gains of $1,500.But because Alice held that bitcoin for 13 months (i.e., morethan a year), those gains are taxed as long-term capital gains.The sale of Alice’s litecoin, however, came after only sevenmonths, meaning she owes short-term capital-gains taxes on thatsale. Since Alice received $5,000 for property (litecoin) that costher $1,000, she owes short-term capital-gains taxes on her $4,000profit. The fair market value (FMV) of the crypto at the time ofpurchase and sale is what determines gains or losses.

So-called “hodlers,” who buy and hold crypto, instead ofday trading, may take heart. Only when a taxable event occurs

is one potentially liable for reporting and paying taxes on capitalgains or losses; mere holding generally does not incur taxes.

The IRS had not clarified whether IRS Code Section 1031(concerning like-kind exchanges of property) applies to exchangesof one cryptocurrency for another. Section 1031 allows taxpayersto defer capital-gains taxes incurred during exchanges of “like-kind” property, e.g., an exchange of one piece of real estate foranother. Tax professionals have not reached a consensus on this,but many doubt that Section 1031 would apply. In the absenceof clear guidance and due to draconian penalties associated withnoncompliance, few tax professionals are encouraging taxpayersto treat swaps of one type of crypto for another as like-kindexchanges. The tax bill that Congress passed in late 2017 restrictsSection 1031’s applicability to exchanges of real estate, thuscrypto definitely does not qualify under Section 1031 in 2018.

Additionally, Notice 2014-21 explains that “a taxpayer whoreceives virtual currency [crypto] as payment for goods andservices must, in computing gross income, include the FMV ofthe virtual currency, measured in U.S. dollars, as of the date thevirtual currency was received.” For example, if Alice sells herLamborghini for 10 bitcoin, she must include the FMV of thatbitcoin in her gross income.

Notice 2014-21 indicates that, in some cases, individuals whopay for goods and services may be responsible for reportingand/or withholding (e.g., paying an independent contractor morethan $600 in crypto in a taxable year). Independent contractorsare subject to similar rules: the FMV of crypto received for inde-pendent contractor services, measured in dollars on the date ofreceipt, “constitutes self-employment income and is subject tothe self-employment tax.”

Employees who receive cryptocurrency as wages also oweincome taxes on these payments. Moreover, employers who payemployees in crypto must treat these payments the same as pay-ment of ordinary wages. Notice 2014-21 illuminates tax require-ments for such employers in greater detail.

Notice 2014-21 is the beginning—not the end—of the analysis.To understand and comply with tax laws regarding crypto holdings,one should speak with a tax/crypto lawyer or accountant whocan provide more complete advice, including how Notice 2014-21 and other laws apply to more advanced topics (e.g., taxes on“hard forks,” “airdrops,” “ICOs”; using LIFO versus FIFO to cal-culate basis; and applicability of the “wash-sale rule”). They alsocan suggest proactive measures taxpayers can take to minimize thelikelihood of noncompliance in this brave, new crypto world. n

1 See I.R.S. Notice 2014-21, available at https://www.irs.gov.

J.D. Rees is an associate at Sheppard, Mullin, Richter & Hampton LLP, amember of the Business Trials Practice Group and the Private Wealth andFiduciary Litigation Practice, and serves on the Barristers Executive Committee.

Bitcoin Taxation: IRS Notice 2104-21 Is Just the Beginning

“INDIVIDUAL JUSTICE IN INDIVIDUAL CASES. That is the goal ofthe Los Angeles Superior Court.” So began an article by then-Presiding Judge Lee Smalley Edmon—now Justice Edmon—inthe October 2011 issue of Los Angeles Lawyer.1 Justice Edmonthen recounted the budget cuts that the court saw on the horizon,which culminated by June 2013 in annual budget reductions of$133 million and the elimination of one-quarter of court staff.

Despite the dismal fiscal outlook in 2011, Justice Edmonremained optimistic about the future: “Fortunately, in anticipationof the inevitable cycles of state court funding, we have long beenpursuing lean operating strategies…. As bleak as the new normalmay look, we have not abandoned our pursuit of individualjustice in individual cases. We continue to find new ways ofadministering justice—and to preserve the old ways that haveserved us so well.”2 Now, five years after the end of the budgetreductions, Justice Edmon and her successors—Presiding JudgesDavid S. Wesley, Carolyn B. Kuhl, and I, along with AssistantPresiding Judge Kevin C. Brazile—have been able, with a com-bination of determination and creativity, to fulfill her promiseto continue to deliver individual justice in individual cases.

In 2018, the Los Angeles Superior Court looks and operatesdifferently than it did in 2011, or even 2013. June 2013 markedthe depths of the state budget cuts, which forced the court toclose eight courthouses and 23 courtrooms, in addition to anumber of others closed in previous years; restrict some types oflitigation to a handful of locations; eliminate court-employedcourt reporters in the civil courtrooms; and significantly restructurethe way civil litigation was handled, moving away from individualcalendar courts to specialized settlement courts and trial courts,and dedicated personal injury courts, among other changes. Someof these changes have proven helpful; others raise issues thathave yet to be fully addressed.

The past five years proved a tremendous challenge—and anincredible learning experience. Necessity is the mother of invention,and the impact of the Great Recession has taught the court well.While significant challenges remain, the court has accomplishedsome great things and is on the threshold of more.

The Challenges

In the years since the state funding reductions ended, fundingincreases have been scarce. In the current fiscal year, the trialcourts received no new funding. Yet the range and scale ofdemands for justice have not let up. In a typical year, judicialofficers in the dependency courts watch over 30,000 children infoster care;3 family court operations process more than 90,000new petitions;4 almost two million jurors are summoned, and3,000 jury trials are held;5 and judges in criminal courts handlehundreds of thousands of felony and misdemeanor cases,6 whileimplementing new laws that increase the workload without pro-viding new funding.

Changes in society, culture, and law place increasing demandson this system. In 2011, with passage of AB 109, criminal justicerealignment placed significant additional demands on judges tooversee parole and probation. In 2014, Proposition 47, whichlowered the criminal penalties for many drug-related crimes, hasresulted in fewer felony filings but an offsetting increase in thecomplexity of the average misdemeanor case.7 Civil judges reportthat an increase in highly complex employment cases is exacer-bating delays in the civil courts. Each year brings a new area ofchildren’s lives under the microscope of the dependency judges,from educational achievement to the administration of psy-chotropic medication. Wholesale changes in how family lawmatters are heard demand more resources in family law courts.

What has prevented disaster and is cause for continued opti-mism for the future of the Los Angeles Superior Court, is therange of creative responses the court has developed to these chal-lenges, combined with the dedication and hard work of judicialofficers and staff.

New Business Model

In 2014, Governor Edmund G. Brown Jr. called on the Californiatrial courts to find more “elegant and efficient” ways to do busi-ness.8 The Los Angeles Superior Court is meeting that challenge.For example, when lines wrapped around the MetropolitanCourt house in the heat of the summer of 2013, fraying nervesand trying people’s patience, court leadership recognized that adifferent approach to handling traffic citations was needed. Sincethen, the court has moved the majority of its traffic ticket businessonline, eliminating lines that clogged several courthouses andmaking it easier for traffic litigants to resolve their tickets.

To help traffic litigants, the court created the first-ever onlineautomated, audio self-help system, which speaks to litigants insix languages, outlining options available for the user’s particulartraffic ticket. Traffic litigants who want to come to the courthouseto conduct their traffic matter business can go online to schedulean appointment with a traffic clerk beforehand to save time andmoney. The traffic courts have gone from having queues thatrivaled those at Disneyland to virtually no lines at all.

This online, do-it-yourself model extends to the civil courts,where the Court Reservation System allows attorneys to schedulehearing dates for a wide range of matters, making it easier forthem to get the date they need while eliminating the staff timedevoted to scheduling. Litigants in the family law courts willsoon have help completing documents online through an interfacethat guides them step-by-step through the preparation process.

The online world does not suit everyone and so the courtwill continue to provide personal service at the clerk’s windows.


BY AUTHOR

Los Angeles Superior Court’s Innovative Response to Financial Stress

practice tips BY THE HONORABLE DANIEL J. BUCKLEY

The Honorable Daniel J. Buckley is presiding judge of the Los Angeles SuperiorCourt.

With fewer people in line, clerks have moretime to help people with complex issuesor who prefer to talk to a person ratherthan a computer.

Behind the scenes, similar approachessave time and money. By changing theway the court handles bail refunds, makespayments to court-appointed experts, orga-nizes facility support functions, hires newstaff, and handles their human resourcesrecords—down to changing the way pho-tocopiers are leased—it is possible to “domore with less.”

In the end, while these innovations haveblunted the worst of the impacts of under-funding, they are not enough. The staffsavings that accumulate through theseefforts mean more people are free to attackthe backlogs that have grown over the pastlean years. But those backlogs continue.More than 1,500 family cases await clericalprocessing before judgments are finalized.9

More than 1,000 orders for child andspousal support are backlogged,10 denyingpeople the economic support they needand deserve. A backlog of hundreds ofchild custody orders denies parents theopportunity to care for their children.Clerical backlogs of more than 4,000 civilcourt orders prevent people in those casesfrom collecting money they are owed.11

In short, the court is within reach of ade-quate staffing for the courtrooms, theclerk’s offices, and the various other servicesprovided, but it is not yet there.

Language Access

With more than 140 cultures and as manyas 224 languages, Los Angeles County is one of the most diverse areas in theworld.12 It is estimated that 55 percent ofthe county population speaks a languageother than English at home.13 Many needto speak a non-English language in thecourthouse as well.

The Los Angeles Superior Court pro-vides interpreter services in 89 languageswith the assistance of nearly 400 certifiedor registered interpreters and 200 inde-pendently contracted interpreters—in everycourtroom outside of the general civilcourts.14 The court’s website is multilin-gual as well. Services are typically avail-able in the five languages for which courtusers most frequently request assistance:Armen ian, Korean, Mandarin Chinese,Spanish, and Vietnamese. The websiteincludes a portal in which parties can sched-ule an interpreter for a language other thanSpanish prior to their court hearing. (Span -ish language interpreters are available dailyat every courthouse, so there is no needto schedule one in advance.)

At the public counters and in the Self-

Help Centers, clerks have access to AudioRemote Interpreting (ARI), which connectscustomers requiring language assistancewith an ARI vendor interpreter by phoneto assist with the interaction. JusticeCorpsvolunteers who assist litigants in the Self-Help Centers speak 15 different languages.15

More than 269 bilingual employees providelanguage services at the clerk’s offices.16

The Los Angeles Superior Court hasbeen a leader in California in expandinglanguage access services. The remainingchallenge—to make court-provided inter-preters available in all civil courtrooms—is within reach.

Not Your Grandparent’s Courthouse

A casualty of the recessionary cuts was adecade without desperately needed replace-ments for the court’s case managementsystems (CMSs), which provide the infor-mation infrastructure of the court. Thecourt had more than two dozen separatesystems, several written in archaic pro-gramming languages. (Anyone out therestill running DOS? When was the last timesomeone mentioned an application writtenin COBOL?) Many of these systems wereseemingly held together with duct tapeand baling wire.

Now, every CMS in every litigationarea is being replaced. To date, the courthas new CMSs supporting the courtroomshandling dependency, family law, limitedcivil, probate, and small claims. Generalcivil, criminal, delinquency, and trafficCMSs will come online over the next year.In each of these areas, state-of-the-artcourtroom support, combined with thecapability for electronic filing, meansgreater convenience for attorneys and otherfilers; cost avoidance for the court (lesspaper, less printing); and greater reliabil-ity—with electronic courtrooms, paperfiles no longer go missing. Electronicallyfiled documents are typically ready forjudicial review much sooner than paperpleadings. By extending the electroniccourtroom across secure networks, judicialofficers can take their work home in atablet rather than a luggage cart. Electronicfiles free staff who would otherwise becreating file jackets, filing documents,pulling files, and refiling them—whichresults in more staff resource savings.Electronic files provide simultaneous accessto case information to judicial officers,research attorneys, court staff, litigants,attorneys, and the public.

This new technology also allows thecourt to replace manual processes, integrateits financial data to enhance financial con-trols, improve records and exhibits man-agement, and provide greater access to

case information internally and remotely.In the probate courts, input from the

probate bar was critical to building an e-filing system that, after a few minor bumps,had a smooth rollout. Most attorneysappreciate the simplicity and convenienceof the new e-filing system. In the familylaw courts, new filings are being handledelectronically, with electronic files consti-tuting the official court record for all doc-uments filed after January 2, 2018—withe-filing coming soon. Seamless communi-cation, information on demand, anywhere,anytime—attorneys and litigants who areready and able to take advantage of tech-nology will find the Los Angeles SuperiorCourt open for e-business.

Restoring Access to Judicial Officers

Finally, the work of the court is that of itsnearly 580 judicial officers. Their embraceof innovation and change, coupled withtheir dedication to access to justice, hasbeen the foundation on which the improve-ments have been built. Those improvementsextend to finding novel ways to structurecourtrooms and to handle cases.

Innovative ways to encourage settlementof civil, family law, and probate mattershave been established. These programshelp litigants and attorneys find a resolu-tion to their cases saving the time, expense,and inconvenience of going to trial. Ex -panded settlement conferences help keeplimited courtroom time free for those mat-ters that must be litigated.

As with many such programs, court-bar partnerships are key. For instance, inthe five personal injury courtrooms in theStanley Mosk Courthouse, certain casesthat have reached the final status conferenceare set for mandatory settlement conferences(MSCs) staffed by attorneys from theAmerican Board of Trial Advocates, theAssociation of Southern California DefenseCounsel, and the Consumer AttorneysAssociation of Los Angeles. These organi-zations provide a settlement team with aplaintiff attorney and a defense attorney.The results are impressive: One-third ofthe cases on the verge of trial settled at theMSC, while another 46 percent settledeither before or after the MSC. Only 21percent went to verdict.17 Family law set-tlements are encouraged by a no-cost, vol-untary program that provides dispute res-olution professionals to family law litigants,a resource generally available only to thosewith the means to hire a private mediator.

The court’s top priority as it has recov-ered from the recession has been the restora-tion of courtroom access that was lost duringthe state budget cuts. Com bining modestfunding increases, savings from innovations,


and a reprioritization of existing resources,the court has ad dressed some of the big -gest gaps. Over the past three years, thecivil courts have seen five additional indi-vidual calendar courts, an additional courtto handle personal injury law-and-motionwork, an additional court in the ComplexLit i ga tion Program, a dedicated unlaw fuldetainer court, and two dedicated trialcourts. Small claims and unlawful detain -er cases are once again heard in every dis-trict. In more than 100,000 new cases eachyear, litigants are able to resolve them closerto home, eliminating lengthy travel.18 Tenfamily law courtrooms have been added,some specializing in domestic violence cases, others in long-cause trials. Six depen-dency courtrooms have been added. Afterthe recession forced consolidation of allprobate cases into four downtown court-rooms, the court created “Have Gavel, WillTravel” to hold probate hearings in the out-lying districts. Three probate courts havealso been added over the past few years.

The results of underfunding, however,continue and are widespread. Unwarranteddelays exist in nearly all areas of case pro-cessing. Since the recession, the proportionof civil cases delayed beyond two years hasdoubled (and more than 1,000 personalinjury cases are more than four years old)due to lack of available courtrooms andup to nine-month delays to hear a motion.19

The wait to schedule a long-cause familylaw trial is six months;20 litigants may waitfour months just for a hearing on a requestfor order. There is a four-month wait tobegin a small claims case.21 The court isnot yet out of the woods.

Potential Game-Changer

Despite an overall message of fiscal re -straint, Governor Brown’s proposed budgetfor fiscal year 2018-19 includes $123 mil-lion in new discretionary funding for theCalifornia trial courts and $19 million forcourt-based self-help.22 There are manyevents that will happen before it is clearhow and whether the governor’s fundingproposal will appear in the final budget.If that proposal is adopted, it will likelyallow the Los Angeles Superior Court tobuild on its accomplishments to make amaterial difference in addressing the chal-lenges that remain.

Huge thanks go to the Los Angeleslawyers who have supported the court’sbudget advocacy efforts over the past years;their voices have been heard and havemade a difference in the budget conversa-tions in Sacramento. Kudos, too, to ChiefJustice Tani Cantil-Sakauye and her stafffor getting this conversation off on theright foot. And, of course, thanks go to

Governor Brown.Undeterred by the challenges that re -

main, the Los Angeles Superior Court con-tinues to innovate and to find better waysof providing access to justice. Recent expe-rience has proven that the California trialcourts are a good investment. Los Angeleslawyers appear to share that sentiment.The court believes the governor, and thelegislature will recognize it, too. n

1 Judge Lee Smalley Edmon, The Challenges Facing theLos Angeles Superior Court, L.A. LAWYER, Oct. 2011,at 12.2 Id. at 14.3LOSANGELES SUPERIORCOURTANNUALREPORT17 (2017),available at http://www.lacourt.org/newsmedia/uploads/142017105142756AnnualReport2017compressedfile.pdf (last viewed February 28, 2018) [hereinafter LASCANNUAL REPORT].4 Id. at 29.5 Id.6 LASC ANNUAL REPORT, supra note 3.7 Trial Courts: Update of Resource Assessment StudyModel report to the Judicial Council from the WorkloadAssessment Advisory Committee, June 13, 2017.8 Brown boosts judicial branch funding, but servicecutbacks remain likely,DAILY JOURNAL, May 14, 2014.9 Superior Ct. of Cal., L.A. County staff report.10 Superior Ct. of Cal., L.A. County, Court Resources,Court Interpreters, About the Language Access ServicesDivision, http://www.lacourt.org (last viewed Mar. 1,2018).11 Id.

12Id.; see also L.A. County Gov’t, https://www.lacounty.gov/residents.13 Statistical Atlas, Race and Ethnicity in Los AngelesCounty, California, available at https://statisticalatlas.com/county/California/Los-Angeles-County/Race-and-Ethnicity (last viewed Mar. 1, 2018).14 Superior Court of California, County of Los AngelesLimited English Proficiency (LEP) Plan, available athttp://www.lacourt.org/generalinfo/courtinterpreter/pdf/LASCLEPPlan2016.pdf (last viewed Mar. 1, 2018).15 See generallyCalifornia Courts, Language Access, http://www.courts.ca.gov/languageaccess.htm; About Justice -Corps, http://www.courts.ca.gov/justicecorpsabout.htm;Press release, Los Angeles Superior Court Public Inform -ation Office, County of Los Angeles Board of Super -visors to Recognize LASC for Award-Winning Programs(Sept. 19, 2016), available at http://www.lacourt.org/newsmedia/uploads/14201691916524216NRBoardofSupervisorstoRecognizeLASC.pdf (all last viewed Mar.1, 2018).16 Los Angeles Super. Ct. staff report [hereinafter LASCstaff report].17 Id.18 See Notice to Public, LASC Announces Small ClaimsCases to Be Heard in Every Judcial District (Oct. 13,2017); Notice to Attorneys, LASC Announces LimitedJurisdiction Unlawful Detainer (Eviction) Cases to BeHeard in Every Judicial District (Oct. 13, 2017).19 LASC staff report, supra note 16.20 Id.21 Id.22 LEGISLATIVE ANALYST'S OFFICE, THE 2018-19 BUDGET:GOVERNOR'S CRIMINAL JUSTICE PROPOSALS 1,43 (Feb.27, 2018), available at http://www.lao.ca.gov/reports/2018/3762/2018-19-crim-justice-proposals-022818.pdf.


http://www.fragomen.com


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numerous publicand private con-

struction projects are underway in Calif ornia, with tower cranesbecoming part of every downtown skyline. When a naturaldisaster strikes, many of the repair and rebuilding projects arepublic works projects, awarded by state and local public agencies,which typically require adherence to competitive bidding rulesthat can be quite cumbersome. It can take years to prepare designand bidding documents, advertise the project, evaluate bids andbidders, respond to bid protests, and complete the contract awardprior to construction commencing. In the event of an emergencyor natural disaster, however, California law recognizes the needto award contracts quickly pursuant to the “emergency exception”to the competitive bidding process in order to rebuild a community

in an expedited manner.1 Thus, it is important to understandboth the standard public works competitive bidding process aswell as how the process varies when an emergency is declared bya state or local agency.

The basic rules for public works competitive bidding are setforth in the Public Contract Code.2 While the administrative provisions of the Public Contract Code apply to all “public enti-ties”3and all “public works contracts” for the erection, construc-tion, alteration, repair or improvement of any public structure,building, road, or other public improvement of any kind,4 eachstate agency, county, city, school district, or similar entity, is gov-erned by distinct provisions of the Public Contract Code. In fact,much of the underlying document drafting and bid disputesinvolve determining which code provisions apply to a particular

Jean M. Boylan is a clinical professor at Loyola Law School. Barbara R. Gadbois is a senior partner in the Los Angeles office of Gibbs Giden where shehandles construction transactions and claims. The authors wish to acknowledge and express gratitude to Melissa Griffin, law clerk, for her research andeditorial assistance.

SHAKE,RATTLE,

and ROLLThe emergency exemption to competitive bidding to expediteconstruction on behalf of the public is especially important in

California where natural disasters are increasing

TODAY,

by JEAN M. BOYLAN and BARBARA R. GADBOIS

public entity. Also, the California Consti -tution gives cities (and counties) the powerto become charter cities (and counties).5

If a city’s charter or ordinance concerningemergency contracting conflicts, the PublicContract Code provisions will not apply.6

“The purposes of competitive biddingprocedures are to guard against favoritism,improvidence, extravagance, fraud, andcorruption; to prevent the waste of publicfunds; to obtain the best economic resultfor the public; and to stimulate advanta-geous market place competition.”7 More -over, “[c]ompetitive bidding provisions are strictly construed by the courts, andwill not be extended beyond their reason-able purpose.”8 The competitive biddingrequirement is based upon established public policy to protect taxpayers fromfraud and corruption.9 The purpose is toguard taxpayers from favoritism and tosecure the best work at the lowest pricepracticable.10 All bidders should be onequal footing to preserve fairness through-out the bidding process and spend tax dol-lars effectively.11

Bidding Process

When initiating a public construction pro-ject with a dollar value that exceeds theagency’s threshold for competitive bid-ding,12 a government agency is typicallyrequired to complete comprehensive plansand specifications prepared by an in-houseengineer or outside consultant, then publiclyadvertise an invitation to bid, and awardthe contract to the lowest monetary bid-der13 who is qualified to perform the workand whose bid is responsive to the instruc-tions to bidders. The bidding process(excluding design) usually takes approxi-mately three to eight months from the timethe public entity advertises the project untilthe time a contract award is made.14

Specifically, when initiating a publicworks project, the agency will issue bid documents and must advertise the contractfor at least the minimum period of time asspecified by state statute or local ordinancefor the particular agency.15 The agency’smethod of obtaining bids depends on thetype of work required and whether enablinglegislation exists to permit award of the contract to be based on factors other thanthe lowest bid price. For example, an invi-tation for bid (IFB) is typically used for sim-ple, routine services and awarded on thebasis of a low bid, while a request for pro-posal (RFP) is used for complex services inwhich professional expertise is needed dueto different approaches or methods that maybe used during performance of the contract.16

The contractor is also bound by statu-tory procedural requirements in submitting

a bid to the agency. For example, the Sub -letting and Subcontracting Fair PracticesAct governs contracts for public works.17

Each bidder is required to list the name,location of the place of business, Californiacontractor license number, and publicworks contractor registration number18

of each subcontractor who will performwork in an amount in excess of one-halfof 1 percent of the prime contractor’s totalbid. Moreover, bids must conform to thein structions provided in the bid documentsor, in other words, be responsive.19 A bidis responsive if it promises to do what thebidding instructions require.20 Usually,whether a bid is responsive can be deter-mined from the face of the bid withoutoutside investigation or information.21 Ifthe bid does not materially conform to theIFB or RFP, it can be rejected as nonre-sponsive; however, a bid that substantiallyconforms to the IFB or RFP may be accept -ed if a minor variance does not affect theamount of the bid or give a bidder anunfair advantage.22

It is important to recognize that com-petitive bidding is not required for archi-tectural, engineering, land surveying, orconstruction management contracts. Gov -ernment Code Sections 4525 et seq. specif-ically govern these design professional ser-vice contracts, which set forth selectionprocedures that are mandatory for stateagencies and are discretionary for localagencies. In addition, some public agenciesavoid the competitive bidding laws byinvoking enabling statutes for particularprojects, such as revenue-producing infra-structure projects pursuant to GovernmentCode Sections 5956 et seq., or a judicialexception to competitive bidding when itis undesirable or impossible to award ona low-bid basis.23 Moreover, if there is anemergency, the competitive bidding pro-cedures may not be required, due to theneed to expedite rebuilding and to servethe public interest.

Award of public works contracts areoften delayed by protests from unsuccessfulbidders, taxpayers, or others with “bene-ficial interest” or “public interest” stand -ing.24 There are no uniform rules governingbid protests on California public works—each entity uses its own informal practicesor established administrative procedures.A bid protest is usually initiated by a letterfrom a disappointed bidder to the publicagency, alleging that the bid recommendedfor award is not responsive to the IFB, abidder is not responsible to perform thework, or that competitive bidding lawshave been ignored or circumvented in thebid evaluation process. In the case of a bidthat varies from the IFB or RFP, the protest-

ing bidder generally must prove that thevariance in the bid proposed for award ismaterial to the bid. This is usually basedon a review of the submitted bid documentswithout the need for further factual inves-tigation and is determined by the awardingagency without the need for a hearing.

An attorney representing the low biddercan anticipate that he or she will need todefend the fact that the lowest monetarybidder submitted a responsive bid in allmaterial terms. An attorney who is con-sulted by one of the disappointed biddersmust investigate to see if the low biddersubmitted a responsive bid that complieswith the material requirements of the IFBor RFP and determine if a bid protest is inorder. In any event, the determination ofresponsiveness will need to be made. Typi -cally, the “material” terms of a bid arethose that could affect price, quantity, qual-ity, or delivery, and those terms that areclearly identified by the IFB. The test ofwhether a bid fails to materially complywith the bid documents is whether the non-compliance gives the bidder a “substantialeconomic advantage or benefit” not enjoy -ed by the other bidders.25 The bidder’s lackof intent to gain an unfair advantage isirrelevant.

A bid may also be rejected because ofa technicality if there is a theoretical pos-sibility that the bidder will otherwise obtainan unfair advantage. Giving the bidder asecond chance after bid opening to decidewhether (and possibly in what terms) heor she wants the contract is considered anunfair advantage.

Although full compliance with eachprovision of the IFB is always preferred,an immaterial IFB requirement may bewaived without prejudicing considerationof the bid. A “minor irregularity” is thefailure to meet an IFB requirement that inno way bears on the bidder’s commitmentto perform the contract, either because 1)the requirement is merely procedural; 2)the requirement is substantive but is satis-factorily met, although not in the precisemanner contemplated by the IFB; or 3) therequirement not met is one calling for infor-mation that relates not to the promise toperform but to independently verifiablefacts regarding the bidder’s status. In addi-tion, the failure to meet an IFB requirementmay be deemed a minor irregularity if thebid is affected only in a trivial way.

The case of Menefee v. County ofFresno26 illustrates the application of theserules to bidding on public works projects.In Menefee, Brewer-Kalar was the low bid-der on a contract for the construction ofwater, sewer, and street repairs. Brewer-Kalar’s bid was deemed nonresponsive


because of Brewer-Kalar’s failure to signthe bid proposal sheet. However, Brewer-Kalar’s principals initialed the bid elsewhereon the bid form, and the bid bond wasproperly signed. The court upheld awardof the contract to Brewer-Kalar on thebasis that it did not matter where the bidwas signed, so long as the appropriate par-ties signed it. Accordingly, the court con-cluded that because Brewer-Kalar gainedno advantage from the defect, a waiver ofthis immaterial defect by the public agencyshould be permitted. The facts of each pro-curement need to be thoroughly evaluated.It is possible that under different facts, thefailure to properly sign a bid bond wouldbe considered material. The key is whetherthe low bidder could have avoided enteringinto the contract and gained an unfairadvantage by the mistake.

It is important that an attorney who isadvising a public agency makes certainthat the public agency specifically reservesthe right under the contract to “waive discrepancies or errors.” In that event, thepublic agency will be given a certainamount of discretion to determine whetherthe error or discrepancy is material on acase-by-case basis.

The accepted bidder is not always thelowest bidder in competitively bid publiccontracts. Public contract statutes requirethat the bid go to the “lowest responsiveresponsible bidder.”27 The responsibilitydetermination allows government agenciesto consider the trustworthiness, compe-tence, and capacity of the bidder.28 Typicalfactors used by the public agency to eval-uate responsibility are financial resources,construction experience, and insurancecapacity.29 A public agency cannot findthat one bidder is “more responsible” thananother. Once the contract requirementsare met, that bidder should be awardedthe contract. There is no basis for awardingon “relative superiority.”30

A contractor who wants to protest theaward of a public contract must first pursueall remedies available at the agency levelbefore seeking judicial relief. In other words,the contractor must scrutinize the bid doc-uments or any applicable agency regulations,or a combination of both, that provide forspecific procedures to protest award of thecontract. Upon final decision from theawarding authority, a contractor may thenseek judicial relief. There are various formsof relief that a court might award, including,but not limited to, ordering an injunctionto halt the construction or ordering thatthe entity reconsider the bids.

In the case of an emergency, state andlocal agencies can bypass standard com-petitive bidding rules and avoid bid protests.

The Public Contract Code prescribes uniquestatutes for each category of state and localagencies that allow award of public workscontracts without complying with publicbidding laws when there is an emergency.Various Public Contract Code sectionsspecifically exclude contracts from com-petitive bidding requirements in the caseof an emergency, including, but not limitedto: 10340(b)(1) (State agency), 20113 (K-12 school district), 20134(a) (counties),20168 (cities), 20813 (fire protection dis-tricts), 20205.1 (public utility district),20213 (transit districts), 20567 (irrigationdistricts), 20586 (water storage districts),20654 (community college districts), and22050 (listed public agency actions).

Emergency Exemption

According to the administrative provisionsof the Public Contract Code, which mustbe read into each of the agency-specificsections listed above,31 an emergency isdefined as “a sudden, unexpected occur-rence that poses a clear and imminent danger, requiring immediate action to pre-vent or mitigate the loss or impairment oflife, health, property, or essential publicservices.”32 This includes natural disasterssuch as floods, fires, and earthquakes.These types of emergencies are exemptionsto the bidding process in order to enableagencies to expedite construction and pro-tect public safety.33 The goal of the emer-gency exemption is to allow the governingagency to expedite construction to assistthe public with a prompt response to thedisaster. The individual or agency respon-sible for proclaiming an emergency dependson whether the emergency is state or local;however, the governor has the broadestpower, which is established in GovernmentCode Sections 8550 et seq., the CaliforniaEmergency Services Act.

The California Emergency Services Act34

authorizes the governor, chief executives,and governing bodies of local agencies to“proclaim the existence of conditions ofdisaster or of extreme peril to the safetyof persons and property…caused by suchconditions as air pollution, fire, flood,storm, epidemic, riot, drought, sudden andsevere energy shortage, plant or animalinfestation or disease,…an earthquake orvolcanic prediction, or an earthquake, orother conditions, other than conditionsresulting from a labor controversy, whichare or are likely to be beyond the controlof the services, personnel, equipment, andfacilities of that political subdivision andrequire the combined forces of other polit-ical subdivisions to combat….”35 While alocal emergency may be proclaimed by thegoverning body of a city or county (e.g.,

city council or county board of supervi-sors), the governor has broader powersand can proclaim either a local or stateemergency. These acts authorize the under-taking of extraordinary police powers,rescue, and cleanup. They also activateemergency pur chasing and contracting pro - ce dures. Similarly, but at a local level, theCalifornia Disaster Assistance Act36 autho-rizes emergency contracting for repair,restoration of replacement of buildings,levees, flood control works, channels, irri-gation works, streets, toads, bridges, high-ways, and other public works damagedor destroyed by a disaster (fire, flood,storm, tidal wave, earthquake, terrorism,epidemic, or other similar public calamitythat the governor determines presents athreat to public safety).37

The emergency exemption to compet-itive bidding was used in Los Angeles afterthe 1994 Northridge earthquake. Underthe exemption, the Santa Monica Freewaywas built on an expedited schedule withoutstandard competitive bidding require-ments. The west side of Los Angeles wasdisconnected from downtown due to thecollapse of the Santa Monica Freeway.City officials declared an emergency, dis-pensed the competitive bidding require-ments of the Public Contract Code, andawarded the cost-plus-a-fee contract to acontractor based upon expedited biddingprocedures and schedule requirements.The freeway damage was repaired in recordtime, and the contractor was paid approx-imately $30 million under the emergencyexception. In addition to this project, sev-eral other demolition contracts resultingfrom the earthquake were awarded withoutcompetitive bidding. Two of the contractsawarded to a single firm had an estimatedcost of $2.2 million.

While the Emergency Services Act andthe Disaster Assistance Act primarily focuson what constitutes an “emergency” andwho can proclaim an emergency at stateand local levels, the Public Contract Codesets forth emergency contracting proceduresthat vary based on the entity involved.38

The acts tell us how and when to declarean emergency, but the Public ContractCode outlines what to do to move forwardwith contracting. For example, under Pub -lic Contract Code Section 22050, in caseof an emergency, a public agency takingemergency action pursuant to one of 95separate enabling statutes may, pursuantto a four-fifths vote of its governing body,repair or replace a public facility, take anydirectly related and immediate actionrequired by that emergency, and procurethe necessary equipment, services, and sup-plies for those purposes, without giving


notice for bids to let contracts. Thoughcompetitive bidding is waived, there is noexception regarding contract approval.39

“The basic policy is to respond to theemergency as circumstances demand andthen to obtain the formal approval(s) assoon as practicable.”40 Before the projectcommences, however, the contract mustbe verbally approved by someone withauthority at the agency.41

Emergency repair projects that requirecontinuing or extensive development maybe structured in two parts. The first partis focused on matters that need immediateattention to ensure public safety. The secondpart consists of remaining repairs that arenot urgent, and therefore, the standardbidding process is utilized. For example,in February 2017, the State of Californiadeclared an emergency when a series ofevents led to erosion of the Oroville Damemergency spillway. Due to high inflowsto Lake Oroville, a crater developed in themain spillway of the Oroville Dam. Aslake levels rose, the emergency spillwaywas prepared for use for the first time sincethe dam’s construction in 1968. Water wassuccessfully diverted; however, the emer-gency spillway began to erode quicker thananticipated and 180,000 surrounding res-idents were forced to evacuate. The repairsmade to ensure stability of the OrovilleDam emergency spillway were conductedunder state emergency public works con-tracting procedures. Pursuant to PublicContract Code Section 22050(c)(3), thestandard competitive bidding process wasutilized for the remaining repairs, and theOroville Dam is currently undergoing con-struction by Kiewit Infrastructure WestCompany with the assistance of the U.S.Army Corps of Engineers.

Before a governing body takes any emer-gency action, however, it must make a find-ing based on substantial evidence set forthin the minutes of its public meeting thatthe emergency will not permit a delayresulting from a competitive solicitationfor bids and that the action is necessary torespond to the emergency. If the governingbody orders emergency action, the gov-erning body must review the emergencyaction at its next regularly scheduled meet-ing and at every regularly scheduled meetingthereafter until the action is terminated todetermine by a four-fifths vote that thereis a need to continue the action. If the gov-erning body meets weekly, it may reviewthe emergency action in accordance withPublic Contract Code Section 22050(c)(1)every 14 days. It must terminate the actionat the earliest possible date that conditionswarrant so that the remainder of the emer-gency action may be completed by giving

public notice for bids to let contracts. Ifcontracts are awarded when there is notrue emergency, the court may set asidethe award to ensure proper bidding pro-cedures take place.42

Additionally, under Public Contract Code Section 20168, relating to cities, “[i]ncase of an emergency, the legislative bodymay pass a resolution by a four-fifths voteof its members declaring that the publicinterest and necessity demand the immediateexpenditure of public money to safeguardlife, health, or property.”43 Upon adoptionof the resolution, the awarding body doesnot need to comply with the standard bid-ding procedures outlined above.44 In otherwords, emergency contracts are exemptfrom the standard advertising and compet-itive bidding requirements.45 A publicagency, however, cannot escape the proce-dures of competitive bidding by artificiallycreating its own emergency.46

An emergency can be declared in acounty when “repair or replacements arenecessary to permit the continued conductof county operations or services.”47 Whenan emergency is declared within a county,the board of supervisors, by majority con-sent, “may proceed at once to replace orrepair any and all structures without adopt-ing the plans, specifications, strain sheets,or working details or, subject to the spec-ified statute, giving notice for bids to letcontracts.”48 Emergencies declared bycounties typically relate to overcrowdingin structures such as jails, juvenile facilities,or courtrooms.49

Public School Standards

Emergency repairs at public schools requiredifferent voting standards. Accord ing toPublic Contract Code Section 20113, “[i]nan emergency when any repairs, alterations,work, or improvement is necessary to anyfacility of public schools to permit the con-tinuance of existing school classes, or toavoid danger to life or property, the boardmay, by unanimous vote, with the approvalof the county superintendent of schools…[m]ake a contract in writing…withoutadvertising for bids.”50 Further more, thesame definition of “emergency” appliesfor public schools and local agencies.51

Public Contract Code Section 20314provides an exemption from obtaining bidsfor jail facilities when “the sheriff certifiesthat the inmate capacity of the county jailsystem is exceeded by more than 20 percentand that the overpopulation is likely to con-tinue and poses a threat to public safety.”52

Section 20314 also provides exemptionsfor court and juvenile facilities.

To ensure proper use of taxpayers’money, some Public Contract Code provi-

sions establish monetary caps and othercost limits for emergency public works con-tracts. For example, under Section 20314(a),relating to counties, emergency work donewholly or in part by contract must be paidat “the actual cost of the use of machineryand tools and of material, and labor andof workers’ compensation insurance ex -pended by [the contractor] doing the work,plus not more than 15% to cover all profitsand administration.” To avoid price gougingby contractors, “no more than the lowestcurrent market prices shall be paid for mate-rials whenever possible.”53

When damages caused by an emergencyare so catastrophic that local and stateagencies need further assistance, the gov-ernor can submit a presidential disasterdeclaration to the president of the UnitedStates through the Federal EmergencyManagement Agency (FEMA). The StaffordAct54 authorizes FEMA to provide assistanceto local and state agencies in such cases.Sections 403 (Essential Assistance), 406(Repair, Restor ation, and Replacement ofDamaged Facilities), 407 (Debris Removal),and 421 (Fire Management Services) of TheStafford Act apply to major disaster assis-tance programs and declarations.

In order to obtain FEMA support, thestate must make a request within 30 daysof the disaster.55 The public assistance grantprogram of FEMA provides grants to state,tribal, territorial, and local governments,and certain types of private nonprofit orga-nizations so that communities can quicklyrespond to and recover from major disastersor emergencies.56 Through the program,the state can receive federal assistance of“not less than 75 percent of the eligiblecost” for “debris removal, life-saving emer-gency protective measures, and the repair,replacement, or restoration of disaster-damaged publicly owned facilities, and thefacilities of certain private nonprofit orga-nizations.”57 The state then determineshow the remaining 25 percent is paid.Federal support typically includes generalresources such as utilizing, lending, ordonating federal equipment, supplies, facil-ities, and personnel.58 Requests for disasterrelief can be made through www.fema.gov.While FEMA funding requires certain fed-eral-aid contract provisions and procedures,state and local agencies must follow thecontracting procedures set forth in thePublic Contract Code.

The purpose behind the emergencyexemption to competitive bidding is to ex -pedite construction to protect the public ina true emergency or disaster. This is a pre-liminary checklist for lawyers when hand -ling a public works emergency contract:• Confirm that the public agency has


declared an emergency in accordance withthe law and its procedures by requestinga copy from the contracting officer, review-ing governing body meeting minutes or, if necessary, through a Public RecordsAct59 request. If an emergency is declared,lawyers need to ensure the declaration ismade in accordance with Public ContractCode Section 1102 and other emergencyexemption statutes applicable to the publicentity.• Once the emergency is declared and it islegally appropriate, be aware of the time-lines for bidding issues. In most cases, dueto the emergency, the bidding process willbe very quick (one or two weeks versusthree or more months under standard com-petitive bidding), and work can commenceupon verbal contract from someone withauthority within the applicable agency.• Ensure that projects are structured sothat only true emergency work is awardedwithout competitive bidding and follow-on work complies with standard compet-itive bidding requirements.• Include audit provisions with the rightto recoup overpayments in the contractsso that only authorized and allowable costsare paid for and do not exceed monetarycaps or reimbursement limits from fundingagencies.• Do not abandon good contracting practices. Even though contracts may beawarded on an expedited basis, award ingbodies should perform a due diligence inves-tigation of contractors before award, andensure that adequate insurance, paymentand performance bonds, warranty andcorrection obligations, and clear payment,withholding, change order and final com-pletion and project closeout requirementsare included in the contract. Al though com-petitive bidding procedures will not apply,the overarching policy of preventing wasteof public funds still applies.• Be aware of any changes with the publiccontracting process.60 It is vital to stay cur-rent with local, state, and federal statutesand regulations regarding emergency pro-cedures, as failure to comply could invali-date the contract, leading to project delaysand added costs.• Review the FEMA application processand qualifying emergencies so local andstate agencies can timely seek federal assistance as necessary to offset some of thefinancial burden of emergency projects. n

1 PUB. CONT. CODE §22050.2 The Public Contract Code currently is divided intothe following major sections: Purpose and PreliminaryMatters (§§100–102); Administrative Provisions(§§1100–9203); Contracting by State Agencies(§§10100–19102); Contracting by Local Agencies(§§20100–22109), including Counties (§§20120–

20145), Counties of 500,000 or Less Population(§§20150–20150.14), Boards of Supervisors–CountyHighways (§§20390–20398), Boards of Supervisors–County Bridges or Subways (§§20400–20409), andAlternative Procedures For Public Agencies AdoptingUniform Construction Cost Accounting Procedures(§§22000–22045); Arbitration of Public WorksContract Claims (§§22200–22201); Withheld ContractFunds (§22300); and Year 2000 Problem (§§22350–22355).3 The California Public Contract Code broadly defines“public entity” as the state, county, city, city andcounty, district, public authority, public agency, munic-ipal corporation, or any other political subdivision orpublic corporation in the state. PUB. CONT. CODE

§1100.4 PUB. CONT. CODE §1101. The Uniform Public Con -struction Cost Accounting Act defines “public agency”and “public project” differently, and specifically ex -cludes “maintenance work” as defined. PUB. CONT.CODE §22000 et seq.5 CAL. CONST. art. XI §3(a).6 PUB. CONT. CODE §1100.7.7 HARRY D. MILLER & MARVIN B. STARR, 4 CAL. REAL

EST. DIGEST 3D PUBLIC WORKS AND CONTRACTS §3(2002) [hereinafter MILLER & STARR]; see also PUB.CONT. CODE §100.8 Domar Elec., Inc. v. City of Los Angeles, 9 Cal. 4th161, 173 (1994).9 See Miller v. McKinnon 20 Cal. 2d 83, 88 (1942).10 Kajima/Ray Wilson v. Los Angeles County Metro.Transp. Auth., 1 P. 3d 63, 68 (Cal. 2000).11 See PUB. CONT. CODE §100.12 University of California, California State University,school districts, counties, cities, and special districtshave unique dollar thresholds for triggering competitivebidding. See, e.g., PUB. CONT. CODE §20162 for cities.13 For professional services, such as civil engineeringor architecture, the public agency does not have tochoose the lowest bidder due to the quality of servicethat may be required. See e.g., Los Angeles UnifiedSch. Dist. v. Great Am. Ins. Co., 78 Cal. Rptr. 3d 99(2008), review granted and opinion superseded, (Sept.17, 2008) (emergency procedures as applied to publicschool project).14 Bid protests may delay the process by one to threemonths.15 E.g., 10 days for cities. PUB. CONT. CODE §20164.16 CAL. DEPT. OF GEN. SERVS., STATE CONTRACTING

MANUAL, http://www.dgs.ca.gov/ols/Resources/StateContractManual.aspx (last visited Mar. 1, 2018)[hereinafter STATE CON TRACTING MANUAL].17 PUB. CONT. CODE §§4100 et seq.18 LAB. CODE §1725.5.19 Taylor Bus. Serv., Inc. v. San Diego Bd. of Educ.,195 Cal. App. 3d 1331, 1341 (1987).20 MILLER & STARR, supra note 7.21 MCM Const., Inc. v. City & County of SanFrancisco, 66 Cal. App. 4th 359, 368 (1998).22 Konica Bus. Mach. USA v. Regents of Cal., 206Cal. App. 3d 449 (1988); Valley Crest Landscape,Inc. v. City Council, 41 Cal. App. 4th 1432 (1996).23 See Los Angeles Dredging Co. v. City of Long Beach,210 Cal. 348 (1930); Graydon v. PasadenaRedevelopment Agency, 104 Cal. App. 3d 631 (1980).24 See SJJC Aviation Servs., LLC v. City of San Jose,12 Cal. App. 5th 1043 (2017).25 Valley Crest Landscape v. County of Fresno, 163Cal. App. 3d 1175 (1985).26 Menefee v. County of Fresno, 163 Cal. App. 3d1175 (1985).27 See, e.g., PUB. CONT. CODE §20921.28 See Boydston v. Napa Sanitation Dist., 222 Cal.App. 3d 1362, 1368 (1990).29 PUB. CONT. CODE §1103.30 See City of Inglewood-Los Angeles County v.

Superior Ct. 7 Cal. 3d 861 (1972).31 Marshall v. Pasadena Unified Sch. Dist., 119 Cal.App. 4th 1241 (2004).32 PUB. CONT. CODE §1102.33 See Paul Jacobs, Earthquake Lifelines of LA, L.A.TIMES (Feb. 16, 1994) at 56.34 GOV’T. CODE §§8550-8668.35 GOV’T. CODE §8558.36 GOV’T. CODE §§8680-92.37 GOV’T. CODE §§8680.3, 8680.4.38 California’s procedures are similar to other states.For example, in New York, the public contract statutesallow one agency to declare an emergency when theemergency impacts public buildings or public property.N.Y. GEN. MUN. LAW §103(4). In Louisiana, all publicbidding is required if the contract exceeds $100,000.However, there is an exception for emergency whenan emergency is declared by a public official, compet-itive bidding laws do not apply. LA. REV. STAT.§38:2212.39 STATE CONTRACTING MANUAL, supra note 16, at 27.40 Id. at 44.41 See id. at 113.42 Marshall v. Pasadena Unified Sch. Dist., 119 Cal.App. 4th 1241 (2004).43 PUB. CONT. CODE §20168.44 Id.45 STATE CONTRACTING MANUAL, supra note 16, at 27.46 See Marshall, 119 Cal. App. 4th 1241, 1245. (Schooldistrict’s decision to terminate construction contractwith a company, and then to award that contract to asecond company without public bidding, did not con-stitute an “emergency.”).47 PUB. CONT. CODE §20134.48 PUB. CONT. CODE §20134(a).49 See PUB. CONT. CODE §20134.50 PUB. CONT. CODE §20113; see also Los AngelesUnified Sch. Dist. v. Great Am. Ins. Co. (2008) 49Cal. 4th 739 (holding that award of construction con-tract without competitive building was lawful becauseprior contractor’s sudden default was proper declarationof emergency).51 Marshall, 119 Cal. App. 4th at 1245. 52 See PUB. CONT. CODE §20134(a) relating to coun-ties.53 PUB. CONT. CODE §20134.54 Robert T. Stafford Disaster Relief and EmergencyAssistance Act, 42 U.S.C. §§5121–5208 (2007).55 44 C.F.R. § 206.40; see also FEMA, PUBLIC ASSIST -ANCE PROGRAM AND POLICY GUIDE (April 2017), avail-able at https://www.fema.gov/media-library-data/1496435662672d79ba9e1edb16e60b51634af00f490ae/2017_PAPPG_2.0_508_FINAL(2).pdf [hereinafterPUB LIC ASSISTANCE PROGRAM AND POLICY GUIDE].56 Public Assistance: Local, State, Tribal and PrivateNon-Profit, FEMA, https://www.fema.gov/public-assis-tance-local-state-tribal-and-non-profit (last visited Sept.5, 2017).57 PUBLIC ASSISTANCE PROGRAM AND POLICY GUIDE,supra note 55.58 42 U.S.C. §5170(a).59 GOV’T. CODE §§6250 et seq.60 For example, some states such as New Jersey haveincluded limitation on the emergency exemption. Thisincludes limiting the amount of the contract and with-holding payment until the service has been provided.N.J. STAT. ANN. §40A:11-6. In Oklahoma, the legis-lature added a monetary limit that can be spent underthe emergency exception. OKLA. STAT. ANN. tit. 61,§130. In California, currently, the only limitation onthe emergency exception is that a majority vote bythe agency in charge is required before a void of thecontract and the governing body must meet regularlyto continually confirm by vote that there is a need tocontinue the emergency action. PUB. CONT. CODE

§22050.



John W. Amberg is a partner in the Los Angeles office of Bryan Cave LLP, and Jon L. Rewinski is a partnerin the Los Angeles office of Locke Lord LLP. They are former chairs, and Amberg is a current member, ofLACBA’s Professional Responsibility and Ethics Committee. Amberg is also a former chair, and Rewinskia former member, of the California State Bar’s Committee on Professional Responsibility and Conduct.

the State Barof Calif ornia

was radically restructured, and the influ-ence of its 190,000 active members reducedby the legislature and Governor JerryBrown, with the acquiescence of theCalifornia Supreme Court.1 After 90 yearsas a unified bar, the State Bar was segre-gated, effective January 1, 2018, with prac-tice sections spun off into a voluntary asso-ciation and core regulatory functions ofadmissions and discipline retained in ashrunken remnant. The new law reducedthe board of trustees to 13, including sixnonlawyers, and eliminated the electionof trustees by lawyers. Now, all trusteeswill be appointed by the legislature, gov-ernor, and supreme court.2

The #MeToo movement against sexualharassment in the workplace claimed JudgeAlex Kozinski of the Ninth Circuit Courtof Appeals, who resigned after 15 formerclerks accused him of inappropriate touch-ing and lewd behavior.3

The Los Angeles Sheriff’s Departmentidentified a suspect in the 2009 murder ofJeffrey Tidus, a respected litigator andmember of LACBA’s Professional Res -ponsibility and Ethics Committee. RichardWall, also suspected in two other profes-sional hits tied to legal disputes, was traced

to Montenegro, which has no extraditiontreaty with the United States.4 Wall’s attor-ney denied any wrongdoing by Wall.

Conflicts of Interest

Last year, several lawyers charged withconflicts of interest escaped disqualifica-tion. In Beachcomber Management CrystalCove, LLC v. Superior Court,5 nonmanag-ing members of a limited liability company(Beachcomber) brought a derivative lawsuiton behalf of the company against the man-aging member and its principal. They suc-cessfully moved to disqualify defense coun-sel Kohut & Kohut on the grounds thatin a derivative suit the company is the trueplaintiff and the firm had previously rep-resented Beachcomber and obtained itsconfidential information in substantiallyrelated matters.

The Fourth District Court of Appealissued a writ of mandate to vacate the dis-qualification order, holding the trial courthad failed to determine “whether the insid-ers possessed or had access to the sameconfidential information as the attorneywho previously represented the company.”6

If so, Kohut’s representation of insiders inthe derivative suit would not threaten itslawyers’ duty to the company because theinsiders already were privy to all of the

ETHICSROUNDUPCalifornia lawyers confronted ethical issues involvingconflict of interest, work product and attorney-clientprotections, and malicious prosecution

LAST YEAR,by JOHN W. AMBERG and JON L. REWINSKI

MCLE ARTICLE AND SELF-ASSESSMENT TEST

By reading this article and answering the accompanying test questions, you can earn one MCLE legal ethics credit.

To apply for credit, please follow the instructions on the test answer sheet on page 25.

2017


RICH

ARD

EW

ING

company’s confidential information.7

The Fourth District Court of Appeal re versed another disqual-ification in Lynn v. George.8 Angelica Lynn and Angel Lynn Realty,Inc. (ALR) sued Steve George and his real estate investmentcompany Real Estate Portfolio Management, LLC (REPM), allegingthe parties had orally agreed to form a partnership to purchaseand flip properties. The defendants admitted ALR had acted asa broker and property manager but denied any partnership.During negotiations to sell one of the properties, lawyer KevinSpainhour communicated with Lynn by e-mail and phone, andcopied her on his e-mail messages to George. The plaintiffs movedto disqualify Spainhour from representing the defendants in thelawsuit. The trial court found that the lawyer represented REPMand that his legal advice related solely to ALR’s work as REPM’sbroker but nevertheless disqualified him, reasoning that he hada “confidential nonclient relationship” with the plaintiffs and a“potential attorney-client relationship” with the alleged part -nership.9 The appellate court reversed, holding that since noneof the communications to the lawyer disclosed information con-fidential to the plaintiffs, there was no confidential relationshipbetween them.10 A potential attorney-client relationship was notsufficient to overcome the important right of defendants to theirlong-standing counsel of choice.11

Ethical screens can insulate lawyers from disqualifying conflicts.Attorney Anthony Valenti was employed by the Porter Scott lawfirm from March to October 2014, and billed 26 hours on astate court lawsuit brought by the firm on behalf of NationalGrange of the Order of Patrons of Husbandry (National Grange)against California Guild. He did not work on a second case infederal court between the same parties, National Grange v.California Guild, brought under the Lanham Act.12 After leavingPorter Scott, Valenti joined the Ellis Law Group which begandefending California Guild in the federal case in 2016. WhenCalifornia Guild filed a notice that Valenti would be one of itsattorneys of record, National Grange moved to disqualify theentire Ellis law firm. Finding that Valenti was “tainted” with

National Grange’s confidential information based on his previouswork, the district court nevertheless declined to disqualify theEllis firm because it had rebutted the presumption of shared con-fidences by screening Valenti from working on the Lanham Actcase. The notice was a clerical error.13

Attorney-Client Privilege

Lawyers who improperly use an adversary’s privileged commu-nications risk disqualification, even if they have a good faith beliefthat the privilege was waived. Nearly twenty years ago the courtin State Com pensation Insurance Fund v. WPS, Inc. held that alawyer who receives documents that appear to be privileged andto have been inadvertently disclosed may review the documentsno more than necessary to determine whether they are privileged,must notify the privilege holder the lawyer has documents thatappear to be privileged, and must refrain from using the documentsuntil the parties or the court resolves any dispute about their priv-ileged nature.14 This past year, the Fourth District Court of Appealconcluded in McDermott Will & Emory LLP v. Superior Courtthat the State Fund duties apply not only to privileged documentsinadvertently produced by opposing counsel during discovery, butalso to privileged documents that the privilege holder inadvertentlyshares with others.15

Certain family members sued Mc Dermott Will & Emory andpartner Jonathan Lurie for legal malpractice allegedly for con-currently representing them and other family members notwith-standing conflicts of interest and for preparing trust documentationthat did not satisfactorily address control of the family holdingcompany. Gibson Dunn represented McDermott Will and Lurie.Previously, the family’s patriarch forwarded to family membersa privileged e-mail from his personal lawyer. Those family members,in turn, distributed the e-mail to Lurie, other (including adverse)family members and the holding company’s financial advisor.The privileged e-mail was in circulation for about a year whenGibson Dunn used it during depositions over the objection ofthe patriarch’s lawyer. Gibson Dunn reasonably contended that

the privilege had been waived. The trial court nevertheless con-cluded that the patriarch’s inadvertent disclosure of the e-maildid not waive the privilege and disqualified Gibson Dunn. Theappellate court denied McDermott Will and Lurie’s writ petition,holding that Gibson Dunn’s reasonable belief did not vitiate thelawyers’ State Fund duties. Gibson Dunn presumably had infor-mation that could be used advantageously against the patriarch.By using the patriarch’s privileged communication before a courtthat resolved the dispute over waiver, Gibson Dunn assumed therisk of disqualification.

Longstanding, acrimonious probate litigation was also thecontext for the First Ap pellate District’s 2017 decision in Fiduci -ary Trust International of California v. Klein, in which the courtaddressed the extent to which a successor trustee controls theprivilege as to communications between predecessor trustees andcounsel.16 Pre viously, trustees of the Mark Hughes Family Trusthad been removed for failing to exercise reasonable prudence inconnection with the trust’s sale of Tower Grove, a 157-acre parcelof previously undeveloped Beverly Hills property. As MarkHughes’s only child asserted multimillion dollar surcharge claimsagainst the former trustees, the interim successor trustee, FiduciaryTrust International, demanded that the former trustees turn overall trust documents, including communications between the formertrustees and their lawyers paid for with trust funds. The probatecourt ordered the former trustees to turn over some privilegedcommunications but not others.

The First District Court of Appeal af firmed in part and reversedin part. A successor trustee acquires the authority to assert theattorney-client privilege with respect to confidential communi-cations between a predecessor trustee and his or her lawyersinvolving legal advice on trust administration, but a predecessortrustee retains the authority to assert the privilege with respectto confidential communications with his or her personal lawyersarising from a genuine concern for possible future charges forbreach of fiduciary duty when the trustee personally pays for thelegal advice.17 The probate court did not hold the predecessortrustees to their burden of proof. They could not establish theirprivilege claim by simply characterizing a particular communicationas relevant to a defense against the beneficiary’s claims. Rather,they needed to focus on the relationship between the predecessortrustees and the lawyers when the communications occurred.And, to preserve a claim of personal privilege, the predecessortrustees were required to take some affirmative steps at the timeof the communications to distinguish the communications fromtrust property. The appellate court therefore remanded the matterfor further analysis.

Privileged Communicaitons

A lawyer’s communications with a media consultant may not beprivileged, as illustrated in the Second District Court of Appeal’s2017 decision in Behunin v. Superior Court.18 Nicholas Behuninsued Charles Schwab and his son, Michael, for not funding a realestate development venture. Behunin’s lawyer retained a public rela-tions consultant to create a social media campaign to induce theSchwabs to settle. Behunin and the lawyer created a website,www.chuck-you.com, purporting to link the Schwabs to corruption,human rights violations, and atrocities associated with formerIndonesian dictator Mohammad Suharto and his family.

The Schwabs sued Behunin and his lawyer for libel and slander.A discovery referee ordered production of correspondence amongBehunin, his lawyer, and the consultant. The appellate courtdenied Behunin’s writ petition. The trial court did not abuse itsdiscretion in concluding that the lawyer’s communications withthe consultant were not reasonably necessary for the accomplish-

ment of the purpose for which the lawyer was consulted and,therefore, not privileged.19 “There may be situations in whichan attorney’s use of a public relations consultant to develop a lit-igation strategy or a plan for maneuvering a lawsuit into anoptimal position for settlement would make communicationsamong the attorney, the client, and the consultant reasonablynecessary for the accomplishment of the purpose for which theattorney was consulted. But this is not that case.”20 Interestingly,the court declined to analyze whether the lawyer’s communicationswith the public relations consultant could be protected as attorneywork product because Behunin provided no legal argument orauthorities to support the application of that doctrine.21

Attorney Work Product

As between a lawyer who creates work product and that lawyer’slaw firm, who holds the right to assert or waive the work productprivilege? In Tucker Ellis LLP v. Superior Court, the First DistrictCourt of Appeal concluded that, under the circumstances of thiscase, the law firm—as opposed to the lawyer—controlled theprivilege.22 Attorney Evan Nelson, who specialized in asbestosdefense, sued his former law firm, Tucker Ellis, for negligence,interference with contract and prospective economic advantage,invasion of privacy, and conversion after Tucker Ellis producedin response to a subpoena work product that Nelson had createdwhile Nelson worked at Tucker Ellis. Following the production,Nelson’s work product—correspondence with certain scientificconsultants on the causes of mesothelioma—was posted on theInternet, which, Nelson claimed, compromised his ability to retainexperts and resulted in the loss of his job. Because Tucker Ellis,as opposed to Nelson, retained the scientific consultants andNelson created the work in his capacity as a Tucker Ellis employee,the court concluded that Tucker Ellis controlled the attorneywork product privilege.23

Practical considerations support this conclusion. When multiplecurrent and former lawyers create the work product, it would bedifficult to track them down and resolve disagreements overwhether to assert or waive the privilege.24

Sargon Enterprises, Inc. v. Browne George Ross LLP providesimportant guidance on the effect of an arbitration clause in aretainer agreement on a former client’s legal malpractice claim.25

Unhappy with the results of long-running litigation against theUniversity of Southern California, Sargon filed in court a mal-practice claim against its former lawyers, Brown George RossLLP, notwithstanding a mandatory arbitration clause in theirretainer agreement and Sargon’s prior release of malpracticeclaims. The court granted the law firm’s petition to compel arbi-tration. The JAMS arbitrator summarily denied Sargon’s mal-practice claim because of the release and, on the law firm’s breachof contract counterclaim, awarded the law firm $200,000 ingeneral damages, based primarily on the fees and costs incurredin compelling arbitration of Sargon’s malpractice claim. Thesuperior court confirmed the award. Notwithstanding the limitedjudicial review generally afforded arbitration awards, the appellatecourt reversed the portion of the judgment awarding the lawfirm $200,000 in damages on its counterclaim. “[T]here is nothingto prevent one of the parties to a contractual arbitration provisionfrom resorting initially to an action at law” and, thereby, forcingthe other party to compel arbitration. 26 A right to compel arbi-tration is not self-executing.27 Thus, Sargon did not breach theretainer agreement’s arbitration provision by first filing its mal-practice action in superior court and the arbitrator’s damageaward had the effect of depriving Sargon of a statutory right—namely, the right to test in court the validity and enforcementof the parties’ arbitration clause.



MCLE Answer Sheet #277

ETHICS ROUNDUP 2017

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Law Firm/Organization

Address

City

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E-mail

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State Bar #

INSTRUCTIONS FOR OBTAINING MCLE CREDITS

1. Study the MCLE article in this issue.

2. Answer the test questions opposite by markingthe appropriate boxes below. Each questionhas only one answer. Photocopies of thisanswer sheet may be submitted; however, thisform should not be enlarged or reduced.

3. Mail the answer sheet and the $20 testing fee($25 for non-LACBA members) to:

Los Angeles Lawyer MCLE Test P.O. Box 55020 Los Angeles, CA 90055

Make checks payable to Los Angeles Lawyer.

4. Within six weeks, Los Angeles Lawyer willreturn your test with the correct answers, arationale for the correct answers, and acertificate verifying the MCLE credit you earnedthrough this self-study activity.

5. For future reference, please retain the MCLEtest materials returned to you.

ANSWERS

Mark your answers to the test by checking theappropriate boxes below. Each question has onlyone answer.

1. n True n False

2. n True n False

3. n True n False

4. n True n False

5. n True n False

6. n True n False

7. n True n False

8. n True n False

9. n True n False

10. n True n False

11. n True n False

12. n True n False

13. n True n False

14. n True n False

15. n True n False

16. n True n False

17. n True n False

18. n True n False

19. n True n False

20. n True n False

MCLE Test No. 277The Los Angeles County Bar Association certifies that this activity has been approved for Minimum ContinuingLegal Education ethics credit by the State Bar of California in the amount of 1 hour. You may take tests from backissues online at http://www.lacba.org/mcleselftests.

1. On January 1, 2018, the State Bar of California de-unified, spinning off its trade association activitiesfrom its regulatory functions.

True.False.

2. In a derivative lawsuit, the corporation is the trueplaintiff, which may create a conflict of interest forformer corporate counsel defending the suit.

True.False.

3. If corporate insiders sued in a derivative lawsuitwere privy to the corporation's confidential information,corporate counsel may avoid disqualification.

True.False.

4. A lawyer will be disqualified if he or she has aconflict of interest based on a potential attorney-clientrelationship.

True.False.

5. A lawyer who has knowledge of the opposing party'sconfidential information cannot be screened, and hisor her entire law firm will be disqualified.

True.False.

6. Lawyers who use an adversary's privileged com-munication may be disqualified, even though theyhave a good faith belief that the privilege was waived.

True.False.

7. A lawyer receiving a privileged document thatappears to have been inadvertently disclosed mustnotify the privilege holder.

True.False.

8. A lawyer's duties are different depending on whetherthe privileged document was disclosed by the privilegeholder or by opposing counsel in discovery.

True.False.

9. A successor trustee acquires the authority to assertor waive the attorney-client privilege for communica-tions between a predecessor trustee and a lawyer forthe trust.

True.False.

10. An attorney's communications with a media con-sultant are privileged, whether or not reasonably nec-essary to accomplish the purpose for which the attorneywas consulted.

True.False.

11. If multiple lawyers in a law firm create work product,the firm controls the right to waive protection under

the work product doctrine, not the individual lawyers.True.False.

12. A right to compel arbitration is not self-executing,and a client does not breach a retainer agreementwith a mandatory arbitration clause by suing thelawyers.

True.False.

13. A comparative fault instruction is improper in ajury trial for professional negligence.

True.False.

14. Receipt of a motion to withdraw is reasonablenotice that the lawyer had stopped working for theclient.

True.False.

15. Probable cause for a claim is established if thecourt rules for the plaintiff on the merits, even if theruling is later overturned.

True.False.

16. The "interim adverse judgment rule" does notapply if the plaintiff prosecuted the claim in bad faith.

True.False.

17. A fair and true report in a public journal about ajudicial proceeding is privileged.

True.False.

18. The litigation privilege does not protect statementsto persons who lack a substantial interest in the liti-gation, including the press.

True.False.

19. An attorney's demand letter may be protected bythe litigation privilege, but only if its threat to com-mence litigation is made in good faith.

True.False.

20. A lawyer's failure to get an individual client's sig-nature on an engagement letter renders the contractvoidable.

True.False.

In Yale v. Brown, the Second District Court of Appeal issuedapparently the first published California appellate opinion approv-ing a comparative fault instruction in a legal malpractice action.28

The former client claimed that her trust and estates lawyer improp-erly transmuted her separate property into community property.Noting that legal malpractice claims are a subset of negligenceactions and comparative fault principles apply in all actions fornegligence resulting in injury to person or property, the courtconcluded that the evidence in this case supported a comparativefault instruction. “It is undisputed that [plaintiff] read the grantingclauses of the deeds, saw the change from separate property tocommunity property in two of the deeds, and was entirely con-versant with the issue….”29 In an earlier marriage that had endedin divorce, the plaintiff had lost assets because some of herseparate property had been transmuted to community property.Based on her existing knowledge and her decision to remainsilent, the court of appeal concluded it was appropriate for thejury to evaluate whether the client’s failure to inquire contributedto her situation.30 The jury decreased the plaintiff’s damages byten percent. Because the plaintiff had dismissed her breach offiduciary duty claim prior to trial, the court did not have anopportunity to determine the availability of a comparative faultinstruction in response to a breach of fiduciary duty claim.

Flake v. Neumiller & Beardslee illustrates the importance—for purposes of managing legal malpractice exposure—of takingaction so that a client has an objectively reasonable belief thatthe lawyer-client relationship has ended.31 Code of Civil ProcedureSection 340.6 generally requires an action against an attorney tobe brought within one year of when a client should reasonablyhave discovered the wrongful act or omission or within fouryears of the wrongful act or omission, whichever occurs first.But the limitations period is tolled while “the attorney continuesto represent the plaintiff regarding the specific subject matter inwhich the alleged wrongful act or omission oc curred.”32

Unfortunately, “[t]he end of an attorney-client relationship isnot always signaled by a bright line…”33 In Flake, a group ofplaintiffs, including Stanley Flake and attorney Richard Sinclair,lost their underlying case over a real estate investment. Theircounsel of record, Neumiller & Beardslee, filed a motion towithdraw on November 25, 2009, as posttrial motions in theunderlying case were pending. The motion stated that attorneySinclair (one of the plaintiffs) would handle posttrial motionsand an appeal. The Neumiller firm’s motion to withdraw beingunopposed, the trial court granted it on January 7, 2010. Flakefiled a malpractice claim against the Neumiller firm on January6, 2011—that is, more than one year after Flake had received acopy of the motion to withdraw, but less than one year after themotion had been granted. In Flake, the Third Appellate Districtaffirmed the trial court’s summary judgment in favor of theNeumiller firm and its attorneys contending that Flake’s mal-practice claims were time barred. Although “Flake may have(subjectively) thought otherwise, any objectively reasonable clientwould have understood on receipt of the motion to withdrawthat Neumiller had stopped working on the case.”34 That attorneySinclair disputed that he had agreed to handle posttrial motionsand appeal did not create a triable issue of material fact.

Malicious Prosecution

In Parrish v. Latham & Watkins,35 the Supreme Court consideredwhether a bad faith exception should be created for the “interimadverse judgment rule” in malicious prosecution cases. WilliamParrish and E. Timothy Fitzgibbon were sued by their formeremployer for misappropriation of trade secrets after they left tostart their own business. They moved for summary judgment,

arguing their business plan was developed before they joined thecompany and no trade secrets were misappropriated. In opposition,Latham, representing the former employer, submitted declarationsby two experts who opined the plan could not be implementedwithout using the company’s trade secrets. The superior courtdenied the motion. At a bench trial, in which the former employeesprevailed, the court found that the former employer had pursuedthe action in “subjective bad faith,” primarily to thwart a com-peting business, and in “objective bad faith,” because it knew orshould have known it lacked sufficient evidence to initiate orcontinue the lawsuit.36 The court of appeal affirmed, noting thatat trial the experts admitted, contrary to their declarations, thatthere was no scientific methodology to predict the likelihood oftrade secret misuse.37

Parrish and Fitzgibbons sued Latham and partner DanielScott Schecter for malicious prosecution. The tort has three ele-ments: the underlying case was initiated or maintained withoutprobable cause, was brought with malice, and was terminatedin the original defendant’s favor.38 The existence of probablecause is a question of law to be determined as an objective mat-ter—whether, on the basis of the facts known to the originalplaintiff, the filing of the case was legally tenable.39 In Wilson v.Parker, Covert & Chidester,40 the supreme court adopted the“interim adverse judgment rule,” holding that probable cause isestablished if the trial court rules on the merits in favor of theunderlying plaintiff, unless procured by fraud or perjury, even ifthe ruling is overturned by a later ruling. In response to the mali-cious prosecution complaint, Latham filed an anti-SLAPP motion,relying in part on the superior court’s order denying summaryjudgment, which, it argued, established probable cause. Themotion was granted, and the court of appeal affirmed.41

On supreme court review, Parrish and Fitzgibbons argued theinterim adverse judgment rule should not apply because theirformer employer brought the suit in bad faith, but a unanimouscourt declined to create a bad faith exception. It concluded thatjust because the trial court had found the underlying suit was“objectively specious” did not mean the action completely lackedmerit. Reiterating the very low bar for probable cause set in Zamosv. Stroud,42 the court stated that only those actions any reasonableattorney would agree are “totally and completely without merit”may support a malicious prosecution suit.43 The court also refusedappellants’ invitation to create an exception because the interimruling denying summary judgment was based on “materially false”expert declarations. Fraud and perjury were not before the court,it noted, and a litigant is entitled to rely on favorable inferences inbringing a suit, even if the inferences later prove false.44

Fair Report Privilege

In Argentieri v. Zuckerberg,45 Facebook’s general counsel ColinStretch escaped potential liability for defamation by invokingthe fair report privilege in Civil Code Section 47(d)(1), whichprovides that a “fair and true report in, or a communication to,a public journal” about a judicial proceeding is privileged. In2010, Paul Ceglia sued Mark Zuckerberg and Face book, allegingthat he owned 84 percent of the company based on a 2003 “workfor hire” contract. The verified complaint was filed by attorneyPaul Argentieri. When the contract was exposed as a fabrication,the suit was dismissed, and Zuckerberg and Facebook suedArgentieri and Ceglia’s other lawyers for malicious prosecution.On the same day that the malicious prosecution suit was filed,Stretch sent a gloating e-mail to media outlets stating that thelawyers had knowingly pursued the case based on forged documentsand now should be held to account. Although Argentieri was notnamed in the e-mail, he ensured his notoriety by suing Facebook,


Zuckerberg, and Stretch for defamation. The superior court grantedthe defendants’ anti-SLAPP motion to the defamation complaint,and the First District Court of Appeal affirmed, although not onthe same grounds. The appellate court agreed that the suit wasbarred by the fair report privilege but, displaying the antipathymany courts have to litigating in the press, rejected an alternativeargument based on the litigation privilege. The litigation privilege,the court held, does not protect statements that do not further theobject of the lawsuit, or statements made to persons who lack asubstantial interest in the litigation, including the press.46 BecauseStretch admitted he sent his e-mail to “set the public recordstraight,” it was a publication to the general public through thepress, and not protected by the litigation privilege.47

Demand letters

Los Angeles attorney Martin Singer earned a well-deserved rep-utation for aggressive advocacy on behalf of his celebrity clientsand has elevated the demand letter to a fearsome art form. In2017, however, in Dickinson v. Cosby,48 a Singer demand letterand press release for his client Bill Cosby plunged them intotrouble. In 1982, model Janice Dickinson allegedly was druggedand raped by Cosby but, fearing retaliation, did not report thecrime. She told the ghost writer of her 2002 autobiography, butthe publisher’s legal department refused to publish the rape alle-gation without corroboration. In 2014, Dickinson describedthe alleged assault in a television interview. Identifying himselfas Cosby’s attorney, Singer sent a demand letter to media outlets,denouncing the story as a recent fabrication and warning themnot to disseminate it under threat of litigation. In a follow-uppress release, Singer repeated that Dickinson’s story was a lie.

Dickinson sued Cosby, alleging that Singer’s demand letterand press release were defamatory and the entertainer had ratifiedthem. Cosby filed an anti-SLAPP motion, arguing that Dickinsoncould not demonstrate a likelihood of prevailing on her complaintbecause, inter alia, the demand letter was protected by thelitigation privilege, the letter and press release were Singer’s opin-ions, and Dickinson was a liar. Dickinson denied the demandletter was privileged and argued the statements were provablyfalse assertions of fact, not mere opinions. The superior courtgranted the anti-SLAPP motion as to the demand letter, findingit was covered by the litigation privilege but concluded therewas evidence to support a prima facie case that Cosby had rapedher, and, therefore, the press release was false. While the anti-SLAPP motion was pending, Dickinson filed an amended com-plaint adding Singer as a defendant and accusing him of recklessbehavior, but the superior court struck the amended complaintas procedurally impermissible.

The Second District Court of Appeal reversed the dismissalof the amended complaint as to Singer and rejected Cosby’s anti-SLAPP arguments. It acknowledged that an attorney’s demandletter can fall within the litigation privilege, but only if litigationis contemplated in good faith. Even a letter threatening litigationis insufficient to trigger the privilege if it is actually a negotiatingtactic to induce settlement.49 Singer sent his demand letter onlyto media outlets that had not yet run the story and when manyran the story anyway, Cosby did not sue. Because the demandletter was “a bluff intended to frighten the media outlets intosilence,” Dickinson showed a likelihood of prevailing on the lit-igation privilege defense.50

Both the demand letter and the press release contained action-able statements of fact. Contrary to Cosby’s argument that theletter merely expressed Singer’s opinions, the court held that areasonable fact finder could conclude it stated or implied thatCosby did not rape Dickinson and she was lying when she said

he did. As Cosby’s attorney, Singer was speaking for Cosby, andCosby knew whether he sexually assaulted Dickinson. “Cosby’sagent’s absolute denial is a factual one.”51 The press release con-tained similar language.52 As a result, the suit would proceedagainst both Cosby and his lawyer.

Getting paid

In Leighton v. Forster,53 an attorney unsuccessfully sued to recoverpayment for her services over several years. Between 2004 and2007, Sheryl Leighton was a contract attorney for lawyer RobertJames in Berkeley and performed legal services for his clientsBob and Rochelle Forster. After James died, Bob asked Leightonto continue doing their legal work in connection with a lawsuitagainst their business partners. Leighton sent the Forsters anengagement letter in May 2007, but they never signed it. Bobmade partial payments to the lawyer, but when he died in May2008, the suit was still ongoing, and Leighton was owed morethan $100,000. Leighton had dealt with Bob only, and Rochelleknew nothing about the suit or legal bills. The lawyer withdrewfrom the representation in August 2008.

In 2012, Leighton sued Rochelle for nearly $115,000 inunpaid legal services, alleging breach of contract and accountstated. The superior court granted Roch elle’s motion for summaryjudgment, and Leighton appealed. The First District Court ofAppeal affirmed, holding that the lawyer’s failure to get theclients’ signatures on the May 2007 engagement letter underBusiness and Professions Code Section 6148(a) rendered itvoidable under Section 6148(c).54 Leighton could not prove animplied in-fact contract based on prior payments as a contractlawyer, because her legal services after May 2007 were materiallydifferent.55 Her quantum meruit claim was barred by the two-year statute of limitations in Code of Civil Procedure Section339.56 Finally, her common count for account stated failedbecause there was no evidence of an enforceable contract withRochelle to pay her fees.57

Sharp Practices and Their Consequences

Engaging in sharp practices can cause trouble as demonstratedin Diaz v. Professional Management, Inc.58 Eleven days beforetrial in a wrongful termination lawsuit by a tree-trimmer againsthis employer for failure to accommodate reasonable workplacerestrictions, the employer applied ex parte for an order shorteningtime to hear a motion to compel arbitration pursuant to thegrievance and arbitration procedure in the applicable collectivebargaining agreement. The trial court denied the application andrefused to delay trial to accommodate a hearing on regular notice.The employer’s lawyers submitted a proposed order reflectinginaccurately that the trial court had denied the motion to compelon the merits, which the court signed. The employer then filed anotice of appeal on the last court day before trial was to commence,thereby staying trial.

“[L]oathe to conclude that the court was actually trickedinto signing an order it had not intended to issue,” the courtreasoned that the employer was estopped from challenging iton appeal under the doctrine of invited error. The court tookthe unusual step of making a factual finding on appeal that theemployer acted in bad faith in connection with the motion tocompel arbitration and concluding, as a matter of law, that theemployer had waived any right to compel arbitration. The courtordered the employer and its counsel to pay the court of appeal$8,500 in “damages” for having to process a frivolous appealand instructed the trial court to set a hearing to determine howmuch the employer and its counsel would have to pay theemployee for the reasonable value of his lawyer’s services in


preparing for the aborted trial and defend-ing the appeal. The employer’s lawyerswere also ordered to report the sanctionsto the State Bar.

In Loop A1 Labs, Inc. v. Gatti,59 Magis -trate Judge Donna M. Ryu of the NorthernDistrict had to address “contentious andcringe-worthy exchanges” between theplaintiff’s lawyer, Valeria Healy (a NewYork lawyer admitted pro hac vice) andThomas Wallerstein of Venable LLP dur -ing a deposition “before things completelyunraveled.”60 Counsel for both sides ex -changed snide and gratuitous comments,until temperatures flared, and Healy, inresponse to a suggestion that she take abreak, responded, “No. I think you shouldtake a f*****g break.”61 Then things reallygot ugly as Healy’s coffee went flying acrossthe table. Although the intended target washotly debated, Wallerstein and his computerwere hit. His client sought sanctions forassault. Healy “doubled down and wenton the attack” in her opposition. What isa Magistrate Judge to do? Finding Healy’sconduct willful and improper—not onlyfor uttering curse words and losing control,but also for refusing to apologize andblaming opposing counsel for her badbehavior—Magistrate Judge Ryu orderedHealy to pay $250 in damages to Waller -stein for dry-cleaning charges. She deferred

a ruling on further sanctions to DistrictCourt Judge Haywood S. Gilliam, whoissued an order to show cause regardingterminating sanctions.

Rules of Professional Conduct Revised

On March 30, 2017, the State Bar delivered70 proposed new and amended rules ofprofessional conduct to the supreme courtfor its review. The court approved onlyone, Rule 5-110, which requires prosecutorsto disclose to the defense all evidence orinformation that the prosecutor knows orshould know tends to negate the guilt ofthe accused, mitigate the offense, or mitigatethe sentence.62 The other rules remainunder consideration. n

1 Press release, State Bar of Cal., State Bar prepares toimplement historic reforms following Gov. Brown’ssignature on the agency’s annual fee bill (Oct. 2, 2017),available at http://wwwcalbar.ca.gov.2 BUS & PROF. CODE §§6011, 6013.1, 6013.3, 6013.5,as amended.3 Maura Dolan, 9th Circuit Judge Alex Kozinski stepsdown after accusations of sexual misconduct, L.A.TIMES, Dec. 17, 2017, available at http://www.latimes.com.4 Nicole Santa Cruz, A California businessman is asuspect in 3 execution-style slayings in L.A. and LasVegas, police say, L.A. TIMES, Sept. 18, 2017, availableat http://www.latimes.com. 5 Beachcomber Mgmt. Crystal Cove, LLC v. SuperiorCt., 13 Cal. App. 5th 1105 (2017).

6 Id. At 877. 7 Id.8 Lynn v. George, 15 Cal. App. 5th 630 (2017).9 Id. at 633.10 Id. at 634.11 Id.12 National Grange of the Order of Patrons of Hus -band ry v. California Guild, CIV-No. 2:16-201 WBSDB (E.D. Ca. May 11, 2017), available at https://www.leagle.com/decision/infdco20170515c92.13 Id.14 State Comp. Ins. Fund v. WPS, Inc., 70 Cal. App.4th 644, 657 (1999).15 McDermott Will & Emory LLP v. Superior Ct., 10Cal. App. 5th 1083, 1092 (2017).16 Fiduciary Trust Int’l of Cal. v. Klein, 9 Cal. App.5th 1184 (2017).17 See Moeller v. Superior Ct., 16 Cal. 4th 1124, 1134(1997).18 Behunin v. Superior Ct., 9 Cal. App. 5th 833 (2017).19 See EVID. CODE §912(d).20 Behunin, 9 Cal. App. 5th at 849-50.21 Id. at 854 n.11.22 Tucker Ellis LLP v. Superior Ct., 12 Cal. App. 5th1233 (2017).23 Id. at 1245.24 Id. at 1247.25 Sargon Enters., Inc. v. Superior Ct., 15 Cal. App.5th 749, 756 (2017).26 Id. at 768 (quoting Spence v. Omnibus Inds., 44Cal. App. 3d 970, 975 (1975)).27 Sargon, 15 Cal. App. 5th at 768.28 Yale v. Bowne, 9 Cal. App. 5th 649 (2017).29 Id. at 658.30 Id.31 Flake v. Neumiller & Beardslee, 9 Cal. App. 5th223 (2017).32 CODE CIV. PROC. §340.6(a)(2).33 Flake, 9 Cal. App. 5th at 230.34 Id. at 232 (emphasis in original).35 Parrish v. Latham & Watkins, 3 Cal. 5th 767 (2017).36 Id. at 773.37 Id.38 Sheldon Appel Co. v. Albert & Oliker, 47 Cal. 3d863, 871 (1989).39 Id. at 874-75, 878.40 Wilson v. Parker, Covert & Chidester, 28 Cal. 4th811, 817 (2002).41 Parrish, 3 Cal. 5th at 775.42 Zamos v. Stroud, 32 Cal. 4th 958, 970 (2004).43 Parrish, 3 Cal. 5th at 779.44 Id. at 782.45 Argentieri v. Zuckerberg, 8 Cal. App. 5th 768(2017).46 Id. at 783-87.47 Id. at 784.48 Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017).49 Id. at 682.50 Id. at 684.51 Id. at 689.52 Id. at 690.53 Leighton v. Forster, 8 Cal. App. 5th 467 (2017).54 Id. at 486-88.55 Id. at 489.56 Id. at 490.57 Id. at 491-94.58 Diaz v. Professional Mgmt., Inc., 16 Cal. App. 5th1190 (2017).59 Loop A1 Labs, Inc. v. Gatti, No. 3:15-CV-00798-HSG (DMR) 2017 U.S. Dist. LEXIS 11839 (N.D. Cal.Jan. 27, 2017).60 Id. at *2.61 Id. (asterisks in original).62 Press Release, State Bar of Cal., State Bar will im ple -ment new ethics rule addressing prosecutor misconduct(Nov. 2, 2017), available at http://www.calbar.ca.gov.


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18100 Von Karman Avenue, Suite 420, Irvine, CA 92612, (949) 553-1020, fax (949) 553-0249, e-mail: [email protected]. Website: www.smithdickson.com. Contact Deborah Dickson, CPA.CPA 25+ years, testifying 15+ years, forensic accountingand litigation support. Superior Litigation Support servicessince 1995. The professionals at Smith Dickson clearly,independently, and accurately analyze financial informa-tion, calculate damages, evaluate claims, prepare expertreports and render expert testimony. Thousands of hoursof forensic accounting, deposition and trial experience.Damage calculations; lost profits; forensic accounting;expert testimony; intellectual property; fraud and embez-zlement; real estate; trust and estate beneficiary dis-putes, tax controversy; business valuations; and busi-ness dissolution.

WHITE, ZUCKERMAN, WARSAVSKY, LUNA & HUNT

15490 Ventura Boulevard, Suite 300, Sherman Oaks, CA 91403, (818) 981-4226, fax (818) 981-4278, 4 ParkPlaza, 2nd Floor, Irvine, CA 92614, (949) 219-9816, fax(949) 219-9095, e-mail: [email protected]. Website:www.wzwlh.com. Contact Barbara Luna. Expert wit-ness testimony for complex litigation involving damageanalyses of lost profits, unjust enrichment, reasonableroyalties, lost earnings, lost value of business, forensicaccounting, fraud investigation, investigative analysis ofliability, and marital dissolution, and tax planning andpreparation. Excellent communicators with extensive tes-timony experience. Prior Big Four accountants. Special-ties include accounting, breach of contract, breach offiduciary duty, business interruption, business dissolution,construction defects, delays, and cost overruns, fraud,insurance bad faith, intellectual property (including trade-


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Business litigation is increasingly complex. That is why we believe valuationissues must be addressed with the same meticulous careas legal issues. Analysis must be clear. Opinions must bedefensible. Expert testimony must be thorough andarticulate. HML has extensive trial experience and canprovide legal counsel with a powerful resource for experttestimony and litigation support.

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mark, patent, and copyright infringement, and tradesecrets), malpractice, marital dissolution, personal injury,product liability, real estate, securities, tax planning andpreparation, IRS audit defense, tracing, unfair advertising,unfair competition, valuation of businesses, and wrongfultermination. See display ad on page 41.

ZIVETZ, SCHWARTZ & SALTSMAN, CPAS

11900 West Olympic Boulevard, Suite 650, Los Angeles,CA 90064-1046, (310) 826-1040, fax (310) 826-1065.Website: www.zsscpa.com. Contact Lester J.Schwartz, CPA/CFF, DABFE, DABFA, Michael D.Saltsman, CPA, MBA, Lynda R. Schauer, CPA,CVA, CGMA, David L. Bass, CPA, David Dichner,CPA, ABV, Sandy Green, CPA, Silva Hakobyan,CPA, Argin Gharibian, CPA, Troy Hoang, CPA.Accounting experts in forensic accounting, tax issues,business valuations, and appraisals, marital dissolutions,eminent domain, insurance losses, business interruption,goodwill, economic analysis, investigative auditing, loss of earning, commercial damages, and lost profits. Expertwitness testimony preparation, settlement negotiations,and consultations. See display ad on page 47.

APPRAISAL & VALUATIONBTI APPRAISAL

605 West Olympic Boulevard, Suite 820, Los Angeles, CA 90015, (213) 532-3800, fax (213) 532-3807, e-mail:[email protected] or [email protected]. Web-site: www.btiappraisal.com. Contact Ben F. TunnellIII, Chairman or Megan O’Rourke, President. BTIAppraisal has been providing litigation and appraisal ser-vices since 1974 in the areas of real estate, machineryand equipment, vehicles, personal property and businessvaluation. Well written and documented reports reduce lit-igation costs and expedite dispute resolution. Our workhas passed the most rigorous scrutiny of the IRS, theSEC, government condemning agencies, state and fed-eral courts. The collective experience of our nationallyregarded professionals can address projects of all sizesand locations.

FULCRUM INQUIRY



1888 Century Park East, Suite 900, Los Angeles, CA90067, (310) 552-0960, fax (310) 557-3468, e-mail:[email protected]. Website: www.gursey.com.Contact Stephan Wasserman. Gursey | Schneider isan accounting firm specializing in forensic accounting, liti-gation support services, business valuation, and appraisalservices for a variety of purposes, including marital disso-lution, gift and estate planning, eminent domain, goodwillloss, business disputes, malpractice, tax matters, bank-ruptcy, damage and cost-profit assessments, insuranceclaims, and entertainment industry litigation. Gursey |Schneider has over 38 years of experience as expert wit-nesses in litigation support. See display ad on page 37.

HIGGINS, MARCUS & LOVETT, INC.

800 South Figueroa Street, Suite 710, Los Angeles, CA90017, (213) 617-7775, fax (213) 617-8372, e-mail: [email protected]. Contact Mark C. Higgins, ASA. Thefirm has over 30 years of litigation support and expert tes-timony experience in matters involving business valuation,economic damages, intellectual property, loss of business

goodwill, and lost profits. Areas of practice include busi-ness disputes, eminent domain, bankruptcy, and corpo-rate and marital dissolution. See display ad on page 31.


15303 Ventura Boulevard, Suite 1040, Sherman Oaks, CA 91403, (818) 995-1040, fax (818) 995-4124. Website:www.ketkcpa.com. Contact Michael J. Krycler.Litigation support, including forensic accounting, businessappraisals, family law accounting, business and profes-sional valuations, damages, fraud investigations, and lostearnings. Krycler, Ervin, Taubman, and Kaminsky is a full-service accounting firm serving the legal community formore than 25 years. See display ad on page 36.

WARONZOF ASSOCIATES, INC.

400 Continental Boulevard, Sixth Floor, El Segundo, CA90245, (310) 322-7744, fax (424) 285-5380. Website:www.waronzof.com. Contact Timothy R. Lowe, MAI,CRE. Waronzof provides real estate and land use litiga-tion support services including economic damages, lostprofits, financial feasibility, lease dispute, property value,enterprise value, partnership interest and closely heldshare value, fair compensation, lender liability, and reor-ganization plan feasibility. Professional staff of five withadvanced degrees and training in real estate, finance,urban planning, and accounting. See display ad on

page 43.

ARCHITECTURE A & E FORENSICS

2121 Montiel Road, San Marcos, CA 92069, (877) 839-7302, fax (760) 480-7477, e-mail: [email protected]. Website: www.aeforensics.com. Contact SteveNorris, AIA, PE, GE, HG, CEG, CASP, LEED. Archi-tect, engineer, contractor—standard of care expert.Retained over 200 times, deposed over 100 times, andtestified in trial over 20 times. Waterproofing, water intru-sion, building envelope, zoning setbacks, concrete perfor-mance, path of travel, structural analysis, earthquake-firedamage, and plan analysis. Landslides, retaining wall fail-ure, settlement, flooding, grading, septic, expansive soils,mud flows, pavement distress, ground water evaluation,and slope analysis. Cost estimates, construction manage-ment, delay analysis, and contracts. Serving all California,Hawaii, and Oklahoma. See display ad on page 35.

ATTORNEY FEE DISPUTEO’CONNOR AND ASSOCIATES

201 Mission Street, Suite 710, San Francisco, CA 94105,(415) 693-9960, fax (415) 692-6537, e-mail: [email protected]. Website: www.joclaw.com. Contact John D. O’Connor. Attorney John O’Connor providesboth litigation and expert consultancy services in a broadrange of attorney fee issues, including disputes overappropriate billing rates, litigation efficiency, task assign-ment and staffing, litigation success and prevailing partydetermination, and litigation skill. His work in this regardhas been widely lauded by clients, lawyers, courts, andarbitrators. See display ad on page 31.

ATTORNEY MALPRACTICEJOEL MARK

919 Box Canyon Trail, Palm Desert, CA 92211 (760) 200-4554, fax (760) 772-6665, e-mail: [email protected]/expert witness experience: Ninety-five plusassignments in attorney fee disputes; attorney ethics,attorney malpractice (litigation). Specialties include busi-ness litigation, intellectual property, commercial law, pro-fessional liability, and banking. Previous position/appoint-ments: California State Bar Committee on Mandatory FeeArbitration, California State Bar Committee on Profes-sional Responsibility and Conduct; appointed expert con-sultant by the Los Angeles County Superior Court, StateBar MFA Presiding Arbitrator (2009-2012); State Bar ofCalifornia Special Deputy Trial Counsel for DisciplinaryMatters (2010-present). Membership in professional soci-eties: LACBA, State Bar of California. Degrees/license:UC Berkeley (AB, 1969), UC Berkeley: Hastings Collegeof Law (JD, 1972); Admitted California 1972, Colorado,1994.

AVIATIONAEROPACIFIC CONSULTING

195 North Argyle Court, Reno, NV 89511, (310) 503-4350, fax (815) 550-8766, e-mail: [email protected]. Website: www.aeropacific.net. Contact Doug Moss. Aircraft accident investigation,causal analysis, determination of pilot error, failure analysis, design defect, etc. Qualifications BS and MS in engineering, engineering test pilot, airline pilot, aircraftowner, instructor pilot, CF-II, and ME-I.

BANKINGADVISORS/EXPERTS @ MCS ASSOCIATES


BANKRUPTCYFULCRUM INQUIRY


BANKRUPTCY/TAXADVISORS/EXPERTS @ MCS ASSOCIATES


BIOMECHANICS/RECONSTRUCTION/HUMAN FACTORS

INSTITUTE OF RISK & SAFETYANALYSESKENNETH A. SOLOMON, PHD, PE,POST PHD CHIEF SCIENTIST 5324 Canoga Avenue, Woodland Hills, CA 91364, (818)348-1133, fax (818) 348-4484, e-mail: [email protected]. Website: www.irsa.us. Specialized forensic


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L O C A L O F F I C EPro/Consul Inc.1945 Palo Verde Avenue, Suite 200Long Beach, CA 90815-3443(562) 799-0116 • Fax (562) 799-8821Hours of Operation: 6 a.m. - 6 [email protected] • ExpertInfo.com

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staff, broad range of consulting and expert testimony, 46years of courtroom experience for Dr. Solomon, com-bined courtroom experience for company 312 personyears. Accident reconstruction, biomechanics, humanfactors, safety, accident prevention, adequacy of warn-ings, computer animation and simulations, 3D scanning,drone photography, construction defect, criminal defense,criminal prosecution, premises, product integrity, productliability, product testing, warnings, and lost income calcu-lations. Auto, bicycle, bus, chair, elevator, escalator, fork-lift, gate, ladder, machinery, motorcycle, press, recre-ational equipment, rollercoaster, slip/trip and fall, stairs,swimming pool, and truck. Litigation and claims,defense/plaintiff, educational seminars, and mediationand arbitration services.

BUSINESSFORENSISGROUPEXPERT WITNESS SERVICES SINCE 1991

301 North Lake Avenue, Suite 420, Pasadena, CA 91101,(800) 555-5422, (626) 795-5000, fax (626) 795-1950, e-mail: [email protected]. Website: www.forensisgroup.com. Contact Rey Tolentino. As aleader in expert witness services for over 25 years, wespecialize in providing clients with a premier selection ofexperts and consultants at an unsurpassed level of ser-vice. Over 20,000 clients have relied on us for an easyway of connecting with highly qualified experts across awide range of industries to gain a competitive edge. Weoffer customized searches, referrals, and initial phoneconsultations at no cost or obligation to you. In over30,000 cases, we’ve provided experts to uncover thetruth from thousands of complex subject matters such asconstruction, engineering, business, accounting, intellec-tual property, computers, IT, medical, real estate, insur-ance, product liability, premises liability, and others,including hard-to-find disciplines. We’re committed tobeing socially responsible to our clients and our local andglobal communities through education, nutrition and otherprogram. See display ad on page 35.

BUSINESS APPRAISAL/VALUATIONADVISORS/EXPERTS @ MCS ASSOCIATES

18881 Von Karman, Suite 1175, Irvine, CA 92612,(949) 263-8700, fax (949) 263-0770, e-mail: [email protected]. Website: www.mcsassociates.com. Contact Norman Katz, managing partner.Nationally recognized banking, finance, insurance, andreal estate consulting group (established 1973). Experi-enced litigation consultants/experts include seniorbankers, lenders, consultants, economists, accountants,insurance underwriters/brokers. Specialties include: lend-ing customs, practices, policies, in all types of lending(real estate, business/commercial, construction, con-sumer/credit card), banking operations/administration,trusts and investments, economic analysis and valua-tions/damages assessment, insurance claims, coveragesand bad faith, real estate development, brokerage,appraisal, escrow, and title insurance.

BRIAN LEWIS & COMPANY

10866 Wilshire Boulevard, 10the Floor, Los Angeles, CA 90024, (310) 475-5676, e-mail: [email protected]. Contact Brian Lewis, CPA, CVA. Forensicaccounting, business valuations, cash spendable reports,estate, trust, and income tax services.

CMM, LLP

With offices in Woodland Hills and El Segundo, (818) 986-5070, fax (818) 986-5034, e-mail: [email protected]. Website: www.cmmcpas.com. Contact Robert Schreiber. Specialties: consultantswho provide extensive experience, litigation support, andexpert testimony regarding forensic accountants, fraudinvestigations, economic damages, business valuations,family law, bankruptcy, and reorganization. Degrees/licenses: CPAs, CFEs, MBAs. See display ad on

page 35.


633 West Fifth Street, 31st Floor, Los Angeles, CA90071-2005, (213) 553-2500, fax (213) 553-2699.

Website: www.cornerstone.com. Contact George G.Strong, Jr., Richard W. Dalbeck, Katie J. Galley,Elaine Harwood, Carlyn Irwin, Pierrick Morel, orAshish Pradhan. For more than 25 years, CornerstoneResearch staff have provided economic and financialanalysis in all phases of commercial litigation and regula-tory proceedings. We work with a broad network of testi-fying experts, including prominent faculty and industrypractitioners, in a distinctive collaboration. The expertswith whom we work bring the specialized expertiserequired to meet the demands of each assignment. Ourareas of specialization include intellectual property,antitrust, securities, entertainment, real estate, financialinstitutions, and general business litigation.

FULCRUM INQUIRY



1888 Century Park East, Suite 900, Los Angeles, CA90067, (310) 552-0960, fax (310) 557-3468, e-mail: [email protected]. Website: www.gursey.com. ContactStephan Wasserman. Gursey | Schneider is anaccounting firm specializing in forensic accounting, litiga-tion support services, business valuation, and appraisalservices for a variety of purposes, including marital disso-lution, gift and estate planning, eminent domain, goodwillloss, business disputes, malpractice, tax matters, bank-ruptcy, damage and cost-profit assessments, insuranceclaims, and entertainment industry litigation. Gursey |Schneider has over 38 years of experience as expert wit-nesses in litigation support. See display ad on page 37.

HAYNIE & COMPANY, CPAS

4910 Campus Drive, Newport Beach, CA 92660-2119,(949) 724-1880, fax (949) 724-1889, e-mail: [email protected]. Website: www.hayniecpa.com. Contact Steven C. Gabrielson. Consulting and expert witness testimony in a variety of practice areas:commercial damages, ownership disputes, economicanalysis, business valuation, lost profits analysis,fraud/forensic investigations, taxation, personal injury,wrongful termination, and professional liability.


800 South Figueroa Street, Suite 710, Los Angeles, CA90017, (213) 617-7775, fax (213) 617-8372, e-mail: [email protected]. Contact Mark C. Higgins, ASA. Thefirm has over 30 years of litigation support and expert tes-timony experience in matters involving business valuation,economic damages, intellectual property, loss of businessgoodwill, and lost profits. Areas of practice include busi-ness disputes, eminent domain, bankruptcy, and corpo-rate and marital dissolution. See display ad on page 31.

RGL FORENSICS

Orange County Office: 625 City Drive South, Suite 290,Orange, CA 92868, (714) 740-2100. Contact HankKahrs, [email protected], Alan Lurie, [email protected]. San Diego Office: 11440 W Bernardo Court, Suite300, San Diego, CA 92127, (619) 236-0377. ContactRich Holstrom, [email protected]. RGL Forensics is aninternational firm of forensic financial experts exclusivelydedicated to damage analysis, fraud investigation, andvaluation. Serving the legal, insurance, and businesscommunities for more than 30 years, the firm is unique inits ability to combine investigative accounting, business

valuation, fraud, and forensic technology expertise. Forattorneys, we discover and define financial value in trans-actions and civil and criminal disputes, and when neces-sary provide expert witness testimony in court and arbi-tration proceedings. For more information about RGL,please visit www.rgl.com.


660 South Figueroa Street, Suite 1280, Los Angeles, CA. 90017, (213) 627-8280, fax (213) 627-8301, e-mail: [email protected]. Website: www.schulzehaynes.com. Contact Karl J. Schulze. Ourcredentials include CPA, CVA, ABV, CFE, CFF and PhD.Our expertise includes analysis and testimony over abroad range of industries and issue areas. We provideadvisory and testimony in matters involving economicdamages, intellectual property disputes, employment,fraud and embezzlement, governance and shareholdermatters, and alter ego, among others. We have workedwith middle-market and Fortune 500 companies and haveprovided guidance on corporate governance, crisis man-agement, strategic planning, insolvency management,acquisition and feasibility analysis and debt restructuring.We perform business valuations in disputed matters aswell as for transactional purposes. Our experienceincludes serving as CEO, CFO, CRO, and our principalsaverage well over 30 years’ experience each. See dis-

play ad on page 31.

SQUAR & ASSOCIATES

2064 Phalarope Court, Costa Mesa, CA 92626, (714) 825-0300, Cell (949) 375-4388, fax (866) 810-9223, e-mail: [email protected]. Website: www.squarassociates.com. Contact Richard M. Squar.Squar & Associates provides superior litigation supportand tax services, including expert witness testimony,strategy development, document discovery, depositionassistance, computation of damages, arbitration consult-ing, forensic accounting, rebuttal testimony, fiduciaryaccountings, and trial exhibit preparation. Our areas ofexpertise include loss of earnings analysis, breach of con-tract, partnership dissolution, reconstruction of account-ing records, embezzlement and fraud, contract costs, lostprofits, damage computations, and malpractice cases.Our practice focuses on closely held entrepreneurial firmsin a wide variety of industries. See display ad on

page 49.


15490 Ventura Boulevard, Suite 300, Sherman Oaks, CA 91403, (818) 981-4226, fax (818) 981-4278, 4 ParkPlaza, 2nd Floor, Irvine, CA 92614, (949) 219-9816, fax(949) 219-9095, e-mail: [email protected]. Website:www.wzwlh.com. Contact Barbara Luna. Expert wit-ness testimony for complex litigation involving damageanalyses of lost profits, unjust enrichment, reasonableroyalties, lost earnings, lost value of business, forensicaccounting, fraud investigation, investigative analysis ofliability, and marital dissolution, and tax planning andpreparation. Excellent communicators with extensive tes-timony experience. Prior Big Four accountants. Special-ties include accounting, breach of contract, breach offiduciary duty, business interruption, business dissolution,construction defects, delays, and cost overruns, fraud,insurance bad faith, intellectual property (including trade-mark, patent, and copyright infringement, and tradesecrets), malpractice, marital dissolution, personal injury,product liability, real estate, securities, tax planning andpreparation, IRS audit defense, tracing, unfair advertising,unfair competition, valuation of businesses, and wrongfultermination. See display ad on page 41.


11900 West Olympic Boulevard, Suite 650, Los Angeles,CA 90064-1046, (310) 826-1040, fax (310) 826-1065.Website: www.zsscpa.com. Contact Lester J.Schwartz, CPA/CFF, DABFE, DABFA, Michael D.Saltsman, CPA, MBA, Lynda R. Schauer, CPA,CVA, CGMA, David L. Bass, CPA, David Dichner,CPA, ABV, Sandy Green, CPA, Silva Hakobyan,CPA, Argin Gharibian, CPA, Troy Hoang, CPA.Accounting experts in forensic accounting, tax issues,business valuations, and appraisals, marital dissolutions,


eminent domain, insurance losses, business interruption,goodwill, economic analysis, investigative auditing, loss of earning, commercial damages, and lost profits. Expertwitness testimony preparation, settlement negotiations,and consultations. See display ad on page 47.

CIVIL LITIGATIONGURSEY | SCHNEIDER LLP

1888 Century Park East, Suite 900, Los Angeles, CA90067, (310) 552-0960, fax (310) 557-3468, e-mail: [email protected]. Website: www.gursey.com. ContactGary Krausz. Gursey | Schneider specializes in forensicaccounting and litigation support services in the areas ofcivil litigation, business disputes, bankruptcy, damageand cost-profit insurance claims, court accountings, fraudinvestigations, accounting malpractice, intellectual prop-erty, construction, government accounting, and entertain-ment litigation. Gursey | Schneider has over 38 years ofexperience as expert witnesses in accounting relatedmatters. See display ad on page 37.

COMPOSITE & FIBERGLASSMATERIALSKARS’ ADVANCED MATERIALS, INC.

Testing and Research Labs, 2528 West Woodland Drive,Anaheim, CA 92801-2636, (714) 527-7100, fax (714)527-7169, e-mail: [email protected]. Website: www.karslab.com. Contact Dr. Ramesh Kar, Dr. NareshKar, Dr. Nikhil Kar. Southern California’s premier mate-rials/mechanical/metallurgical/structural/forensics labora-tory. Registered professional engineers with 30+ years inmetallurgical/forensic/structural/mechanical failure analy-sis. Experienced with automotive, bicycles, tires, fire,paint, plumbing, corrosion, and structural failures. Wework on both plaintiff and defendant cases. Complete in-house capabilities for tests. Extensive deposition andcourtroom experience (civil and criminal investigations).Principals are Fellows of American Society for Metals andFellows, American College of Forensic Examiners. See


COMPUTER FORENSICSFULCRUM INQUIRY


SETEC INVESTIGATIONS

8391 Beverly Boulevard, Suite 167, Los Angeles, CA 90036, (800) 748-5440, fax (323) 939-5481,e-mail: [email protected]. Website: www.setecinvestigations.com. Contact Todd Stefan. Setec Investigations offers unparalleled expertise in computer forensics and enterprise investigations provid-ing personalized, case-specific forensic analysis and litigation support services for law firms and corporations.Setec Investigations possesses the necessary combina-tion of technical expertise, understanding of the legal system, and specialized tools and processes enabling the discovery, collection, investigation, and production of electronic information for investigating and handlingcomputer-related crimes or misuse. Our expertiseincludes computer forensics, electronic discovery, litigation support, and expert witness testimony.


A & E FORENSICS Steven B. Norris, AIA, PE, GE, CEG, GBC, CASp 2121 Mon el Road San Marcos, CA 92069 (877) 839-7302

■ ARCHITECTURE CONSTRUCTION ADA

GEOTECHNICAL ENGINEERING

CIVIL ENGINEERING

STRUCTURAL ENGINEERING

www.aeforensics.com

■ ■

■ ■

■

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http://www.forensisgroup.com

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COMPUTERS/INFORMATION SCIENCESCOSGROVE COMPUTER SYSTEMS, INC.

7411 Earldom Avenue, Playa del Rey, CA 90293, (310) 823-9448, fax (310) 821-4021, e-mail: [email protected]. Website: www.cosgrovecomputer.com.Contact John Cosgrove. John Cosgrove, PE, has over50 years of experience in computer systems and hasbeen a self-employed, consulting software engineer since1970. He was a part-time lecturer in the UCLA School ofEngineering and LMU graduate schools. He provided aninvited article, “Software Engineering and Litigation,” forthe Encyclopedia of Software Engineering. He is a Certi-fied Forensic Consultant (CFC), holds the CDP, is a mem-ber of ACM, ACFEI, FEWA, a life senior member of IEEEComputer Society, NSPE, a Fellow of the National Acad-emy of Forensic Engineers (an affiliate of NSPE), and aprofessional engineer in California. Formal educationincludes a BSEE from Loyola University (now LMU) and amaster of engineering from UCLA. He currently serves asPast President of the UCLA Engineering AlumniAssociation.

CONSTRUCTIONFORENSISGROUPEXPERT WITNESS SERVICES SINCE 1991

301 North Lake Avenue, Suite 420, Pasadena, CA91101, (800) 555-5422, (626) 795-5000, fax (626) 795-1950, e-mail: [email protected]. Website: www.forensisgroup.com. Contact Rey Tolentino. As a leader in expert witness services for over 25 years, wespecialize in providing clients with a premier selection ofexperts and consultants at an unsurpassed level of ser-vice. Over 20,000 clients have relied on us for an easyway of connecting with highly qualified experts across awide range of industries to gain a competitive edge. Weoffer customized searches, referrals, and initial phoneconsultations at no cost or obligation to you. In over30,000 cases, we’ve provided experts to uncover thetruth from thousands of complex subject matters such as construction, engineering, business, accounting, intellectual property, computers, IT, medical, real estate,insurance, product liability, premises liability, and others,including hard-to-find disciplines. We’re committed tobeing socially responsible to our clients and our local andglobal communities through education, nutrition and otherprogram. See display ad on page 35.

KGA, INC.

1409 Glenneyre Street, Suite A, Laguna Beach, CA92651, (949) 497-6000, fax (949) 494-4893, e-mail: [email protected]. Website: www.kgainc.com. Contact KurtGrosz. Construction and environmental consultants since1991. Licensed engineers and contractors. ICC building,plumbing, mechanical, concrete, and accessibility inspec-tors. Certified professional estimators. Trial experts, arbi-trators, and insurance appraisers/umpires.

THE REYNOLDS GROUP

P.O. Box 1996, Tustin, CA 92781-1996, (714) 730-5397,fax (714)730-6476, e-mail: [email protected]. Website: www.reynolds-group.com. Contact EdReynolds, RCE, Principal. An environmental consult-ing, and contracting firm. Expertise: environmental conta-mination, assessment, remediation, reasonable value ofconstruction, standard of care, and related financial mat-ters. Degrees in Civil Engineering: USC (BS), University ofHouston (MS), (MBA) Harvard. California Registered CivilEngineer, Licensed A, B, HAZ California Contractor. 30years’ experience. Adjunct Faculty Member USC ViterbiSchool of Engineering Department of Civil and Environ-mental Engineering.

CONSTRUCTION DISPUTESARCADIS

445 South Figueroa Street, Suite 3650, Los Angeles, CA 90071, (213) 797-5275, fax (213) 486-9894, e-mail:[email protected]. Website: www.arcadis.com.Contact Christi Fu, PE, LEED AP, CCM. ARCADIS isan industry leader in the analysis of construction claimsand specializes in the avoidance, litigation and resolutionof construction disputes. Our firm offers a full range of

services, including litigation support, expert testimony,schedule analysis, change order evaluation, delay/impactanalysis, discovery/deposition assistance, cause effect-impact analysis, contractor financial audits, merit analysis,document database envelopment/management, and per-formance audits.

CONTRACTORS LICENSING (CSLB)OFFICES OF ROBERT B. BERRIGAN

2386 Fair Oaks Boulevard, Sacramento, CA 95825, (916)640-8607, fax (916) 973-0723 e-mail: [email protected]. Website: www.contractorlicenseexpertwitness.com. Contact Robert B. Berrigan, Esq. Specialties:consulting on all issues related to contractor licensing inCalifornia, proper license classification to perform work,and B & P section 7031 licensure issues. ContractorState License Board (CSLB) investigations and discipli-nary proceedings. Experienced expert witness at trial/arbitration. Degrees/licenses: BA, JD, Commercial Pilot,SEL, MEL.

CORPORATE INVESTIGATIONSFULCRUM INQUIRY


RGL FORENSICS

Orange County Office: 625 City Drive South, Suite 290,Orange, CA 92868, (714) 740-2100. Contact HankKahrs, [email protected], Alan Lurie, [email protected]. San Diego Office: 11440 W Bernardo Court, Suite300, San Diego, CA 92127, (619) 236-0377. ContactRich Holstrom, [email protected]. RGL Forensics isan international firm of forensic financial experts exclu-sively dedicated to damage analysis, fraud investigation,and valuation. Serving the legal, insurance, and businesscommunities for more than 30 years, the firm is unique inits ability to combine investigative accounting, businessvaluation, fraud, and forensic technology expertise. Forattorneys, we discover and define financial value in trans-actions and civil and criminal disputes, and when neces-sary provide expert witness testimony in court and arbi-tration proceedings. For more information about RGL,please visit www.rgl.com.


15490 Ventura Boulevard, Suite 300, Sherman Oaks, CA 91403, (818) 981-4226, fax (818) 981-4278, 4 ParkPlaza, 2nd Floor, Irvine, CA 92614, (949) 219-9816, fax(949) 219-9095, e-mail: [email protected]. Website:www.wzwlh.com. Contact Barbara Luna. Expert wit-ness testimony for complex litigation involving damageanalyses of lost profits, unjust enrichment, reasonableroyalties, lost earnings, lost value of business, forensicaccounting, fraud investigation, investigative analysis ofliability, and marital dissolution, and tax planning andpreparation. Excellent communicators with extensive tes-timony experience. Prior Big Four accountants. Special-ties include accounting, breach of contract, breach offiduciary duty, business interruption, business dissolution,construction defects, delays, and cost overruns, fraud,insurance bad faith, intellectual property (including trade-mark, patent, and copyright infringement, and tradesecrets), malpractice, marital dissolution, personal injury,product liability, real estate, securities, tax planning and


http://www.weatherman.org

http://www.ketkcpa.com

preparation, IRS audit defense, tracing, unfair advertising,unfair competition, valuation of businesses, and wrongfultermination. See display ad on page 41.

COSMETIC, PLASTIC ANDRECONSTRUCTIVE SURGERYJOHN M. SHAMOUN, MD, FACS, INC.

366 San Miguel Drive, Suite 310, Newport Beach, CA92660, (949) 759-3077, fax (949) 759-3087, e-mail:[email protected]. Website: www.ideallook.com. Contact Yvonne. Specialties: only plastic surgeon in theUnited States board certified by the 1) American Board ofSurgery, 2) American Board of Plastic Surgery, 3) Ameri-can Board of Facial Plastic and Reconstructive Surgery,and 4) American Board of Forensic Medicine. Extensiveexperience in all aspects of cosmetic, plastic, and recon-structive surgery of the breast, nose, face, eye, and body.Well-published author of several textbook chapters andjournal articles related to above topics. Extensive experi-ence in medical malpractice case review, consultation,written evaluation and testimony in depositions and trialfor plaintiff and defense. Articulate subspecialty consultantwith up-to-date knowledge and expertise of plasticsurgery literature and standards of care. Opinions sup-ported by extensive subspecialty education, training, andexperience.

CREDIT REPORTING, SCORING & DAMAGES EXPERTEASY CREDIT RELIEF, INC.

2625 Townsgate Road, Suite 330, Westlake Village, CA 91361, (805) 267-1118, fax (805) 267-1101, e-mail: [email protected]. Website: www.creditdamagesexpert.com. Contact Doug Minor.Credit reporting, score and damages expert witness/con-sultant with over 30 years of experience. He has passedthe required examination to receive from the CDIA a FairCredit Reporting Act Certification and can help with creditreport evaluation preparing credit damages report, mod-

ern credit scoring and reporting codes, types of creditdamages, assessing violations of the Fair Credit Report-ing Act (FCRA), as well as industry standards of disputeresolution process and review of residential mortgageloan documents. Evaluate testimony, and developingquestions for deposition and trial. Since 2010 he hasbeen involved in over 100 cases, as well as been qualifiedand testified in both Federal and State Courts.

DENTISTRICHARD BENVENISTE, DDS, MSD

19231 Victory Boulevard, Suite 256, Reseda, CA 91335,(818) 881-7337, fax (818) 881-6183, e-mail: [email protected]. Website: www.yourgums.com. ContactRichard Benveniste, DDS, MSD. Previous three-termofficer of State Dental Board of California, having ruled onall phases of dental practice. Practicing as an expert,consultant, evaluator and teacher in the treatment of TMJ,personal injury (PI), lien cases, and dental injury. Multipledistinguished service citations from California StateDepartment of Consumer Affairs. Provider of continuingeducation courses on oral diagnosis, oral medicine, treat-ment modalities, TMJ diagnosis and therapy. Multiplelong-term professional organization memberships.Degrees/licenses: Doctor of Dental Surgery, (DDS); Mas-ter of Science in Dentistry (MSD).

JAY GROSSMAN DDS

11980 San Vicente Boulevard, Suite 507, Brentwood, CA90049, (310) 820-0123, e-mail: [email protected]. Website: www.expertwitness.dental. Contact Dr.Jay Grossman. Dental malpractice & injury expert testi-mony. As of January 2018: Have been deposed over 100times; reviewed over 600 cases for both defense andplaintiff including peer review, accidents, and malpractice.60% plaintiff / 40% defense. Have qualified in SuperiorCourt over 50 times and never been disqualified. At least95% of my time is spent in patient care. I can be countedon to be ethical, competent, prepared and analytical aswell as articulate and persuasive at depositions and court

appearances. Published and have been written about inprint, radio, and TV over 175 times. (http://www.drjaydds.com/expert-testimony—click on Media Coverage/Writeups) Expert on issues including: standard of care, cos-metics, lasers, extractions, nerve damage, valuation,informed consent, antibiotic coverage, TMJ/TMD, ortho-dontics including Invisalign, sleep apnea, treatment plan-ning, occlusion and vertical dimension, electrosurgery,abscess, resorption, implants, crowns, root canal,veneers, periodontics, failure to diagnose or refer, andpatent infringement. Licensed in 42 states to opine onstandard of care, with specific license in California,Nevada, and the Northeast as well as a Florida ExpertCertification. Graduated NYU 1988; Lieutenant, UnitedStates Navy 1989-91; private practice Brentwood, CAsince 1991—serving over 13,000 patients on a fee forservice basis; Professorship at 2 Universities: UCLASchool of dentistry as well as Western University Collegeof dental medicine. Member: American Academy of Cos-metic Orthodontics—2013, ADA since 1991 and PeerReview Committee ADA 1995-2009, Delta Dental PeerReview 2000-present, Founder & CEO-Homeless NotToothless 1991-present. www.homelessnottoothless.org,providing over $3-Million in probono dental care to home-less veterans, foster children and the indigent.

DEVELOPMENTCASTLELYONS CORPORATION

Forty-five years in the entitlement, development andhomebuilding industry. Areas of expertise: partnership disputes, industry customs/practices, standard of careissues, brokerage complaints and fraud/misconduct.MBA/USC, CA and HI Broker’s licenses. Seasonedexpert with proved trial testimony on a variety of realestate cases. For career accomplishments, testimonialsand other areas of expertise, please refer to website atwww.castlelyons.net or contact Michael K. Ryan,President, CastleLyons Corporation at (619) 787-5988.See display ad on page 49.


http://www.gursey.com

ECONOMIC DAMAGESADVISORS/EXPERTS @ MCS ASSOCIATES


CHRISTOPOULOS ECONOMICS CONSULTING GROUP

575 Anton Boulevard, Suite 300, Costa Mesa, CA 92626,(714) 442-8561, fax (714) 586-5940, e-mail: [email protected]. Website: www.econconsulting.com. Contact Jim Christopoulos. Jim Christopoulosis well versed in the calculation of past and present valuefuture economic damages for all matters such as employ-ment litigation, business litigation, wrongful death, andpersonal injury, including the calculation of future medicalcare costs. We provide credible testimony and produceclear summary reports of relevant conclusions.


633 West Fifth Street, 31st Floor, Los Angeles, CA90071-2005, (213) 553-2500, fax (213) 553-2699. Website: www.cornerstone.com. Contact George G.Strong, Jr., Richard W. Dalbeck, Katie J. Galley,Elaine Harwood, Carlyn Irwin, Pierrick Morel, orAshish Pradhan. For more than 25 years, CornerstoneResearch staff have provided economic and financialanalysis in all phases of commercial litigation and regula-tory proceedings. We work with a broad network of testi-fying experts, including prominent faculty and industrypractitioners, in a distinctive collaboration. The expertswith whom we work bring the specialized expertiserequired to meet the demands of each assignment. Our areas of specialization include intellectual property,antitrust, securities, entertainment, real estate, financialinstitutions, and general business litigation.

CORPORATE SCIENCES, INC.

3215 East Foothill Boulevard, Pasadena, CA 91107, (626)440-7200, fax: (626) 440-1800, e-mail: [email protected]. Website: www.corporatesciences.com. ContactDr. Joseph S. D’Antoni, Managing Principal. Cor-porate Sciences, Inc., provides over 40 years of financialanalysis and expert testimony in all types of commerciallitigation. Extensive experience in a broad range of indus-tries for computing economic damages, lost profits, valu-ation and appraisal, fraud, breach of contract, partnershipdisputes, and bankruptcy-related matters. Professionalsalso serve as mediators, arbitrators, special masters, andthird-party administrators as well as consulting and testi-fying experts.

FULCRUM INQUIRY

888 South Figueroa Street, Suite 2000, Los Angeles, CA 90017, (213) 787-4100, fax (213) 891-1300, e-mail: [email protected]. Website: www.fulcrum.com. Contact David Nolte. Our professionals areexperienced CPAs, MBAs, ASAs, CFAs, affiliated profes-sors, and industry specialists. Our analysis and researchcombined with unique presentation techniques haveresulted in an unequaled record of successful court casesand client recoveries. Our expertise encompasses dam-ages analysis, loss profit studies, business and intangibleasset valuations, fraud investigations, statistics, forensiceconomic analysis, royalty audits, strategic and marketassessments, competitive surveys, analysis of computer-ized data, injury and employment damages, and a widerange of other financial advisory services. Degrees/licenses: CPAs, CFAs, ASAs, PhDs, and MBAs in

accounting, finance, economics, and related subjects.See display ad on back cover.


1888 Century Park East, Suite 900, Los Angeles, CA90067, (310) 552-0960, fax (310) 557-3468, e-mail: [email protected]. Website: www.gursey.com. ContactGary Krausz. Gursey | Schneider specializes in forensicaccounting and litigation support services in the areas ofcivil litigation, business disputes, bankruptcy, damageand cost-profit insurance claims, court accountings, fraudinvestigations, accounting malpractice, intellectual prop-erty, construction, government accounting, and entertain-ment litigation. Gursey | Schneider has over 38 years ofexperience as expert witnesses in accounting relatedmatters. See display ad on page 37.


800 South Figueroa Street, Suite 710, Los Angeles, CA90017, (213) 617-7775, fax (213) 617-8372, e-mail: [email protected]. Contact Mark C. Higgins, ASA. Thefirm has over 30 years of litigation support and expert tes-timony experience in matters involving business valuation,economic damages, intellectual property, loss of businessgoodwill, and lost profits. Areas of practice include busi-ness disputes, eminent domain, bankruptcy, and corpo-rate and marital dissolution. See display ad on page 31.

RGL FORENSICS

Orange County Office: 625 City Drive South, Suite 290,Orange, CA 92868, (714) 740-2100. Contact HankKahrs, [email protected], Alan Lurie, [email protected]. San Diego Office: 11440 W Bernardo Court, Suite300, San Diego, CA 92127, (619) 236-0377. Contact Rich Holstrom, [email protected]. RGL Forensics is aninternational firm of forensic financial experts exclusivelydedicated to damage analysis, fraud investigation, andvaluation. Serving the legal, insurance, and businesscommunities for more than 30 years, the firm is unique inits ability to combine investigative accounting, businessvaluation, fraud, and forensic technology expertise. Forattorneys, we discover and define financial value in trans-actions and civil and criminal disputes, and when neces-sary provide expert witness testimony in court and arbi-tration proceedings. For more information about RGL,please visit www.rgl.com.

MICHAEL D. ROSEN, CPA, PHD, ABV

3780 Kilroy Airport Way, Suite 200, Long Beach, CA90806, (562) 256-7052, fax (562) 256-7001, e-mail:[email protected]. Website: www.mrosencpa.com.Contact Michael D. Rosen. We are litigation consul-tants, forensic accountants, expert witnesses. Our mis-sion is to tell the financial story that underlies every busi-ness litigation matter and to convey that story in a clearand concise manner to the trier of fact. Our findings allowa realistic assessment of the case and support settlementefforts. Our work is designed to render conclusive opin-ions and to withstand cross-examination. We specialize inbusiness damages (lost profits and loss in value), per-sonal damages (lost earnings), and business valuation.


660 South Figueroa Street, Suite 1280, Los Angeles, CA. 90017, (213) 627-8280, fax (213) 627-8301, e-mail:[email protected]. Website: www.schulze-haynes.com. Contact Karl J. Schulze. Our creden-tials include CPA, CVA, ABV, CFE, CFF and PhD.Our expertise includes analysis and testimony over abroad range of industries and issue areas. We provideadvisory and testimony in matters involving economicdamages, intellectual property disputes, employment,fraud and embezzlement, governance and shareholdermatters, and alter ego, among others. We have workedwith middle-market and Fortune 500 companies and haveprovided guidance on corporate governance, crisis man-agement, strategic planning, insolvency management,acquisition and feasibility analysis and debt restructuring.We perform business valuations in disputed matters aswell as for transactional purposes. Our experienceincludes serving as CEO, CFO, CRO, and our principalsaverage well over 30 years’ experience each. See



18100 Von Karman Avenue, Suite 420, Irvine, CA 92612, (949) 553-1020, fax (949) 553-0249, e-mail: [email protected]. Website:www.smithdickson.com. Contact Deborah Dickson,CPA. CPA 25+ years, testifying 15+ years, forensicaccounting and litigation support. Superior Litigation Sup-port services since 1995. The professionals at SmithDickson clearly, independently, and accurately analyzefinancial information, calculate damages, evaluate claims,prepare expert reports and render expert testimony.Thousands of hours of forensic accounting, depositionand trial experience. Damage calculations; lost profits;forensic accounting; expert testimony; intellectual prop-erty; fraud & embezzlement; real estate; trust & estatebeneficiary disputes, tax controversy; business valuations;business dissolution.


400 Continental Boulevard, Sixth Floor, El Segundo, CA90245, (310) 322-7744, fax (424) 285-5380. Website:www.waronzof.com. Contact Timothy R. Lowe, MAI,CRE. Waronzof provides real estate and land use litiga-tion support services including economic damages, lostprofits, financial feasibility, lease dispute, property value,enterprise value, partnership interest and closely heldshare value, fair compensation, lender liability, and reor-ganization plan feasibility. Professional staff of five withadvanced degrees and training in real estate, finance,urban planning, and accounting. See display ad on

page 43.




11900 West Olympic Boulevard, Suite 650, Los Angeles,CA 90064-1046, (310) 826-1040, fax (310) 826-1065.Website: www.zsscpa.com. Contact Lester J.Schwartz, CPA/CFF, DABFE, DABFA, Michael D.Saltsman, CPA, MBA, Lynda R. Schauer, CPA,CVA, CGMA, David L. Bass, CPA, David Dichner,CPA, ABV, Sandy Green, CPA, Silva Hakobyan,CPA, Argin Gharibian, CPA, Troy Hoang, CPA.Accounting experts in forensic accounting, tax issues,business valuations, and appraisals, marital dissolutions,eminent domain, insurance losses, business interruption,goodwill, economic analysis, investigative auditing, loss ofearning, commercial damages, and lost profits. Expertwitness testimony preparation, settlement negotiations,and consultations. See display ad on page 47.

ECONOMICSADVISORS/EXPERTS @ MCS ASSOCIATES

18881 Von Karman, Suite 1175, Irvine, CA 92612, (949) 263-8700, fax (949) 263-0770, e-mail: [email protected]. Website: www.mcsassociates.com. Contact Norman Katz, managing partner.Nationally recognized banking, finance, insurance, and


real estate consulting group (established 1973). Experi-enced litigation consultants/experts include seniorbankers, lenders, consultants, economists, accountants,insurance underwriters/brokers. Specialties include:lending customs, practices, policies, in all types of lend-ing (real estate, business/commercial, construction, con-sumer/credit card), banking operations/administration,trusts and investments, economic analysis and valua-tions/damages assessment, insurance claims, coveragesand bad faith, real estate development, brokerage,appraisal, escrow, and title insurance.

CMM, LLP

With offices in Woodland Hills and El Segundo, (818) 986-5070, fax (818) 986-5034, e-mail: [email protected]. Website: www.cmmcpas.com. Contact Robert Schreiber. Specialties: consultantswho provide extensive experience, litigation support, andexpert testimony regarding forensic accountants, fraudinvestigations, economic damages, business valuations,family law, bankruptcy, and reorganization. Degrees/licenses: CPAs, CFEs, MBAs. See display ad on

page 35.

FULCRUM INQUIRY


ELDER ABUSEHAMPTON HEALTH, LTD™JOHN H. FULLERTON, MD, MRO, CMD, CFP,FACP, AGSF, FAAHPM

1700 California Street, Suite 470, San Francisco, CA94109, (415) 460-5532, fax (415) 376-5820, e-mail: [email protected]. Website: hamptonhealthltd.com.Contact John H. Fullerton. Services available: BoardCertified in Internal Medicine, Geriatrics, Hospice, Pallia-tive Medicine, Addiction Medicine, and Home Health;Licensed Medical Review Officer. Expertise: Medicarefraud cases for the government, toxicology/DUI, elderabuse including criminal defense of lay caregiversaccused of homicide of demented relatives during end-of-life phase. Hospital, ambulatory/outpatient, PI, medicalmalpractice, and LTC. Medical/hospice directorships.Testified over 200 times and reviewed more than 1,500cases, including Medicare audits for the government.See display ad on page 43.

ELECTRONIC DISCOVERYSETEC INVESTIGATIONS

8391 Beverly Boulevard, Suite 167, Los Angeles, CA 90036, (800) 748-5440, fax (323) 939-5481, e-mail: [email protected]. Website: www.setecinvestigations.com. Contact Todd Stefan. Setec Investigations offers unparalleled expertise in computer forensics and enterprise investigations provid-ing personalized, case-specific forensic analysis and liti-gation support services for law firms and corporations.Setec Investigations possesses the necessary combina-tion of technical expertise, understanding of the legalsystem, and specialized tools and processes enablingthe discovery, collection, investigation, and production of electronic information for investigating and handlingcomputer-related crimes or misuse. Our expertiseincludes computer forensics, electronic discovery, litigation support, and expert witness testimony.


http://www.linc.biz

http://www.4xforensic.com

http://www.neoma.com

EMPLOYMENT/WAGE EARNINGCAPACITYRGL FORENSICS

Orange County Office: 625 City Drive South, Suite 290,Orange, CA 92868, (714) 740-2100. Contact HankKahrs, [email protected], Alan Lurie, [email protected]. San Diego Office: 11440 W Bernardo Court, Suite300, San Diego, CA 92127, (619) 236-0377. ContactRich Holstrom, [email protected]. RGL Forensics is aninternational firm of forensic financial experts exclusivelydedicated to damage analysis, fraud investigation, andvaluation. Serving the legal, insurance, and businesscommunities for more than 30 years, the firm is unique inits ability to combine investigative accounting, businessvaluation, fraud, and forensic technology expertise. Forattorneys, we discover and define financial value in trans-actions and civil and criminal disputes, and when neces-sary provide expert witness testimony in court and arbi-tration proceedings. For more information about RGL,please visit www.rgl.com.

ENGINEER/TRAFFICWILLIAM KUNZMAN, PE

1111 Town and Country #34, Orange, CA 92868, (714) 904-2821, e-mail: [email protected]. Website: www.traffic-engineer.com. Contact WilliamKunzman, PE. Traffic expert witness since 1979, bothdefense and plaintiff. Auto, pedestrian, bicycle, andmotorcycle accidents. Largest plaintiff verdicts: 1)$12,200,000 in pedestrian accident case against Cal-trans, 2) $10,300,000 in case against Los Angeles UnifiedSchool District. Largest settlement: $2,000,000 solo vehi-cle accident case against Caltrans. Best defense verdicts:1) $0 while defending Caltrans and opposition sought$16,000,000. 2) $0 defending City of Long Beach andopposition sought $15,000,000. Before becoming expertwitness, employed by Los Angeles County Road Depart-ment, Riverside County Road Department, City of Irvine,and Federal Highway Administration. Knowledge of gov-ernmental agency procedures, design, geometrics, signs,traffic controls, maintenance, and pedestrian protectionbarriers. Hundreds of cases. Undergraduate work—UCLA, graduate work—Yale University.

ENGINEERING4X FORENSIC ENGINEERINGLABORATORIES, INC.


page 39.

A & E FORENSICS

2121 Montiel Road, San Marcos, CA 92069, (877) 839-7302, fax (760) 480-7477, e-mail: [email protected]. Website: www.aeforensics.com. Contact SteveNorris, AIA, PE, GE, HG, CEG, CASP, LEED. Archi-tect, engineer, contractor—standard of care expert.Retained over 200 times, deposed over 100 times, andtestified in trial over 20 times. Waterproofing, water intru-sion, building envelope, zoning setbacks, concrete per-formance, path of travel, structural analysis, earthquake-fire damage, and plan analysis. Landslides, retaining wallfailure, settlement, flooding, grading, septic, expansivesoils, mud flows, pavement distress, ground water evalu-ation, and slope analysis. Cost estimates, constructionmanagement, delay analysis, and contracts. Serving allCalifornia, Hawaii, and Oklahoma. See display ad on

page 35.

EXPONENT

5401 McConnell Avenue, Los Angeles, CA 90066, (310)754-2700, fax (310) 754-2799, e-mail: [email protected]. Website: www.exponent.com. Contact Ali Reza.Specialties: fires and explosions, metallurgy and mechani-cal engineering, structural and geotechnical, accidentreconstruction and analysis, human factors, risk and relia-bility assessment, toxicology and human health, biome-chanics, electrical and semiconductors, aviation, materi-als science, HVAC, energy consulting, constructiondefect, scheduling, environmental remediation, waterquality and policy.

SCS ENGINEERS

3900 Kilroy Airport Way, Suite 100, Long Beach, CA 90806, (562) 426-9544, fax (562) 427-0805, e-mail: [email protected]. Website: www.scsengineers.com.Contact Julio Nuno, VP. SCS provides expert witnessservices related to environmental studies and engineering,water resources, solid waste and air quality and industrialhygiene and safety services. We are a 46-year old con-sulting firm with 68 offices across the US and nearly 800employees. Our Long Beach office has more than 30 pro-fessional engineers, scientists, and subject matter expertsavailable on short notice to serve asbestos, lead-basedpaint, and other specialty areas requiring expert witnessservices.

ENGINEERING/GEOTECHNICALCOTTON, SHIRES AND ASSOCIATES, INC.

Southern California branch, serving greater So. Cal. area,(805) 375-1050, fax (805) 375-1059, e-mail: [email protected]. Website: www.cottonshires.com.Contact Michael Phipps or Patrick O. Shires. Full

service geotechnical engineering consulting firm specializ-ing in investigation, design, arbitration, and expert witnesstestimony with offices in Los Gatos, Thousand Oaks, andSan Andreas, California. Earth movement (settlement, soilcreep, landslides, tunneling and expansive soil), founda-tion distress (movement and cracking of structures),drainage and grading issues (seepage through slabs,moisture intrusion, nuisance water, and ponding water incrawlspace), pavement and slab distress (cracking andseparating), retaining walls (movement, cracking, and fail-ures), pipelines, flooding and hydrology, design and con-struction deficiencies, aerial photo analysis; expert testi-mony at 87+ trials (municipal, superior, and federal), 230+depositions, 250+ settlement conferences in California,Nevada, Hawaii, and Michigan.

ENVIRONMENTAL SCS ENGINEERS

3900 Kilroy Airport Way, Suite 100, Long Beach, CA90806, (562) 426-9544, fax (562) 427-0805, e-mail: [email protected]. Website: www.scsengineers.com.Contact Julio Nuno, VP. SCS provides expert witnessservices related to environmental studies and engineering,water resources, solid waste and air quality and industrialhygiene and safety services. We are a 46-year old con-sulting firm with 68 offices across the US and nearly 800employees. Our Long Beach office has more than 30 pro-fessional engineers, scientists, and subject matter expertsavailable on short notice to serve asbestos, lead-basedpaint, and other specialty areas requiring expert witness services.

THE REYNOLDS GROUP


ENVIRONMENTAL ENGINEERWZI INC. (ENVIRONMENTAL ENGINEERS)

1717 28th Street, Bakersfield, CA 93301, (661) 326-1112, fax (661) 326-6480, e-mail: [email protected]: www.wziinc.com. Contact Mary Jane Wilson.

BS, petroleum engineering environmental assessor REPA450065. Specialties include regulatory compliance, petro-leum, and power generation.

ESCROWADVISORS/EXPERTS @ MCS ASSOCIATES


EXPERT REFERRAL SERVICEPRO/CONSUL TECHNICAL AND MEDICAL EXPERTS

1945 Palo Verde Avenue, Suite 200, Long Beach, CA90815, (800) 392-1119, fax (562) 799-8821, e-mail: [email protected]. Website: www.expertinfo.com. Contact Jesse De La Torre. Right expert right away!We are listed and recommended by the A.M. Best Com-pany. We welcome your rush cases! 15,000 medical andtechnical experts in over 3,000 fields, many in the South-ern California area. Pro/Consul always strives to providethe best experts at a reasonable cost, including medicaldoctors for IME’s, biomechanical engineers, accidentreconstruction, electrical engineers, fire cause and origin,neuropsychology, accounting and economics, materialsand metallurgy, engineering, plastics, appraisal and valua-tion, construction, human factors, insurance, lighting,marine, mechanical, medical billing, roof, safety, security,SOC, toxicology, MDs, RNs, etc. Free resume binder.See display ad on page 33.

TASA (A DIVISION OF THE TASA GROUP, INC.)Providing Outstanding Local, National and GlobalExperts in ALL Categories. Plaintiff/Defense. Civil/Criminal. Contact Deborah Morris. (800) 523-2319,fax (800) 329-8272, e-mail: [email protected]. Website: www.TASAnet.com. Since 1956,TASA has been your source for a variety of superiorquality, independent testifying and consultingexperts. We offer more than 11,000 diversecategories of expertise and hard-to-find specialties intechnology, business, the arts, and sciences,including 1,000+ medical areas through our sistercompany, TASAmed. Our experienced referraladvisors target your criteria and connect you withthe experts available to discuss your case. There isno charge for our services until you engage ordesignate an expert witness we refer. Visit ourwebsite to search expert profiles by expertise keyword, order due diligence research reports on yourexpert witness or opposing counsel’s, request anexpert through our online form. Explore theKnowledge Center to read expert-authored articlesand view archived webinars. While on our website,you can register for upcoming webinars and sign upto receive our electronic newsletters. Save $175(admin fee) on your first expert witness designationwith Promo Code: LA18. Be sure to check out ourinsert and display ad in this issue! Please see our

insert in this issue and display ad on page 30.


http://www.wzwlh.com

FAILURE ANALYSIS4X FORENSIC ENGINEERINGLABORATORIES, INC.


page 39.

KARS’ ADVANCED MATERIALS, INC.

Testing and Research Labs, 2528 West Woodland Drive,Anaheim, CA 92801-2636, (714) 527-7100, fax (714)527-7169, e-mail: [email protected]. Website: www.karslab.com. Contact Dr. Ramesh Kar, Dr. NareshKar, Dr. Nikhil Kar. Southern California’s premier mate-rials/mechanical/metallurgical/structural/ forensics labora-tory. Registered professional engineers with 30+ years inetallurgical/forensic/structural/mechanical failure analysis.Experienced with automotive, bicycles, tires, fire, paint,plumbing, corrosion, and structural failures. We work onboth plaintiff and defendant cases. Complete in-housecapabilities for tests. Extensive deposition and courtroomexperience (civil and criminal investigations). Principals areFellows of American Society for Metals and Fellows,American College of Forensic Examiners. See display ad

on page 43.

FAMILY LAWBRIAN LEWIS & COMPANY

10866 Wilshire Boulevard, 10the Floor, Los Angeles, CA90024, (310) 475-5676, e-mail: [email protected] Brian Lewis, CPA, CVA. Forensic accounting,business valuations, cash spendable reports, estate,trust, and income tax services.

CMM, LLP

With offices in Woodland Hills and El Segundo, (818) 986-5070, fax (818) 986-5034, e-mail: [email protected]. Website: www.cmmcpas.com. Contact RobertSchreiber. Specialties: consultants who provide exten-sive experience, litigation support, and expert testimonyregarding forensic accountants, fraud investigations, eco-nomic damages, business valuations, family law, bank-ruptcy, and reorganization. Degrees/licenses: CPAs,CFEs, MBAs. See display ad on page 35.


1888 Century Park East, Suite 900, Los Angeles, CA90067, (310) 552-0960, fax (310) 557-3468, 20355Hawthorne Boulevard, First Floor, Torrance, CA 90503,(310) 370-6122, fax (310) 370-6188, 2211 MichelsonDrive, Suite 830, Irvine, CA 92612, (949) 265-9900, fax(949) 265-9901, 50 California Street, Suite 1320, SanFrancisco, CA 94111, (415)855-8400, fax (415) 855-8410, e-mail: [email protected] or [email protected]. Website: www.gursey.com. Contact TinaFujisaki or Kristen L. Gillespie. Forensic accountingand litigation support services in all areas relating to mari-tal dissolution, including business valuation, tracing andapportionment of real property and assets, net spendableevaluations, determination of gross cash flow available forsupport and analysis of reimbursement claims and maritalstandards of living. See display ad on page 37.


4910 Campus Drive, Newport Beach, CA 92660-2119,(949) 724-1880, fax (949) 724-1889, e-mail: [email protected]. Website: www.hayniecpa.com.Contact Steven C. Gabrielson. Consulting and expert witness testimony in a variety of practice areas:commercial damages, ownership disputes, economicanalysis, business valuation, lost profits analysis,

fraud/forensic investigations, taxation, personal injury,wrongful termination, and professional liability.


15303 Ventura Boulevard, Suite 1040, Sherman Oaks,CA 91403, (818) 995-1040, fax (818) 995-4124. Website:www.ketkcpa.com. Contact Michael J. Krycler. Liti-gation support, including forensic accounting, businessappraisals, family law accounting, business and profes-sional valuations, damages, fraud investigations, and lostearnings. Krycler, Ervin, Taubman, and Kaminsky is a full-service accounting firm serving the legal community formore than 25 years. See display ad on page 36.

NIGRO KARLIN SEGAL & FELDSTEIN, LLP

10960 Wilshire Boulevard, 5th Floor, Los Angeles, CA90024, (310) 229-5161, fax (310) 229-4430, e-mail:[email protected]. Website: www.nksfb.com. Contact Irwin Nachimson. I specialize in forensicaccounting and litigation support projects. Our expertiseincludes contract dispute, fraud, family law, insolvency,music, and expert testimony. I have over 26 years ofexperience and our entire department of 60 accountantsis devoted exclusively to forensic projects.

PAMELA WAX-SEMUS, CFE WS ENTERPRISES

107 North Reino Road, #402, Newbury Park, CA 91320,(805) 499-3035, fax (805) 498-0468,e-mail: [email protected]. Website: www.tracingqueen.net.Contact Pamela Wax-Semus, CFE. I am experiencedin most areas of litigation support services with a particu-lar emphasis in tracing of assets, real property allocation,stock option analysis, reimbursements and related alloca-tion issues. I have vast experience not only in marital dis-solution matters. My expertise extends to trust and pro-bate accountings, fraud, and other litigation-relatedmatters.

RGL FORENSICS

Orange County Office: 625 City Drive South, Suite 290,Orange, CA 92868, (714) 740-2100. Contact HankKahrs, [email protected], Alan Lurie, [email protected]. San Diego Office: 11440 W Bernardo Court, Suite300, San Diego, CA 92127, (619) 236-0377. ContactRich Holstrom, [email protected]. RGL Forensics isan international firm of forensic financial experts exclu-sively dedicated to damage analysis, fraud investigation,and valuation. Serving the legal, insurance, and businesscommunities for more than 30 years, the firm is unique inits ability to combine investigative accounting, businessvaluation, fraud, and forensic technology expertise. Forattorneys, we discover and define financial value in trans-actions and civil and criminal disputes, and when neces-sary provide expert witness testimony in court and arbi-tration proceedings. For more information about RGL,please visit www.rgl.com.





FEES & ETHICSJOEL MARK

919 Box Canyon Trail, Palm Desert, CA 92211 (760) 200-4554, fax (760) 772-6665, e-mail: [email protected]/expert witness experience: Ninety-five plusassignments in attorney fee disputes; attorney ethics,attorney malpractice (litigation). Specialties include busi-ness litigation, intellectual property, commercial law, pro-fessional liability, and banking. Previous position/appoint-ments: California State Bar Committee on Mandatory FeeArbitration, California State Bar Committee on Profes-sional Responsibility and Conduct; appointed expert con-sultant by the Los Angeles County Superior Court, StateBar MFA Presiding Arbitrator (2009-2012); State Bar ofCalifornia Special Deputy Trial Counsel for DisciplinaryMatters (2010-present). Membership in professional soci-eties: LACBA, State Bar of California. Degrees/license:UC Berkeley (AB, 1969), UC Berkeley: Hastings Collegeof Law (JD, 1972); Admitted California 1972, Colorado,1994.

FINANCIALADVISORS/EXPERTS @ MCS ASSOCIATES



633 West Fifth Street, 31st Floor, Los Angeles, CA90071-2005, (213) 553-2500, fax (213) 553-2699. Website: www.cornerstone.com. Contact George G.Strong, Jr., Richard W. Dalbeck, Katie J. Galley,Elaine Harwood, Carlyn Irwin, Pierrick Morel, orAshish Pradhan. For more than 25 years, CornerstoneResearch staff have provided economic and financialanalysis in all phases of commercial litigation and regula-tory proceedings. We work with a broad network of testi-fying experts, including prominent faculty and industrypractitioners, in a distinctive collaboration. The expertswith whom we work bring the specialized expertiserequired to meet the demands of each assignment. Ourareas of specialization include intellectual property,antitrust, securities, entertainment, real estate, financialinstitutions, and general business litigation.

FULCRUM INQUIRY

888 South Figueroa Street, Suite 2000, Los Angeles, CA 90017, (213) 787-4100, fax (213) 891-1300, e-mail:[email protected]. Website: www.fulcrum.com. Contact David Nolte. Our professionals are experi-


enced CPAs, MBAs, ASAs, CFAs, affiliated professors,and industry specialists. Our analysis and research com-bined with unique presentation techniques have resultedin an unequaled record of successful court cases andclient recoveries. Our expertise encompasses damagesanalysis, loss profit studies, business and intangible assetvaluations, fraud investigations, statistics, forensic eco-nomic analysis, royalty audits, strategic and marketassessments, competitive surveys, analysis of computer-ized data, injury and employment damages, and a widerange of other financial advisory services. Degrees/licenses: CPAs, CFAs, ASAs, PhDs, and MBAs inaccounting, finance, economics, and related subjects.See display ad on back cover.


4910 Campus Drive, Newport Beach, CA 92660-2119,(949) 724-1880, fax (949) 724-1889, e-mail: [email protected]. Website: www.hayniecpa.com. Contact Steven C. Gabrielson. Consulting and expert witness testimony in a variety of practice areas:commercial damages, ownership disputes, economicanalysis, business valuation, lost profits analysis,fraud/forensic investigations, taxation, personal injury,wrongful termination, and professional liability.

FIRE/EXPLOSIONS4X FORENSIC ENGINEERINGLABORATORIES, INC.


page 39.

FOOD SAFETY/HACCPFOOD SAFETY AND HACCP COMPLIANCE

20938 De Mina Street, Woodland Hills, CA 91364, (818) 703-7147, e-mail: [email protected]. Website:www.foodsafetycoach.com. Contact Jeff Nelken, BS,MA. Master allergy trainer and forensic food safety expertknowledgeable in both food safety, accident preventionand hazard analysis critical control point program devel-opment. Specializes in expert witness testimony and liti-gation consultant in matters regarding food safety, Q.A.,standards of performance, HACCP, crisis management,food-borne illness, burns, foreign object, accidents,health department representation, food spoilage, allergy,intentional contamination and customer complaints. Per-forms inspections, vendor audits, site visits, reviewsHealth Department and third party inspections, trainingand public speaking. Hands-on food safety consultant forrestaurants, manufacturers, distributors, country clubs,schools, nursing homes, and casinos. NRA SERVSAFEcertified instructor. Thirty years of food and hospitalityexperience. Registered as a certified provider with the LosAngeles County Health Department. Forensic food safetyexpert. Food safety expert for CBS, NBC, Inside Editionand CNN. Free consultation for law firms and insurancecompanies.

FORENSIC ACCOUNTINGCORNERSTONE RESEARCH

633 West Fifth Street, 31st Floor, Los Angeles, CA90071-2005, (213) 553-2500, fax (213) 553-2699. Website: www.cornerstone.com. Contact George G.Strong, Jr., Richard W. Dalbeck, Katie J. Galley,Elaine Harwood, Carlyn Irwin, Pierrick Morel, orAshish Pradhan. For more than 25 years, CornerstoneResearch staff have provided economic and financialanalysis in all phases of commercial litigation and regula-tory proceedings. We work with a broad network of testi-


•lease disputes •land use disputes

•partnership interest value •reorganization plan feasibility

•economic damages •fair compensation •property valuation •lost profits

Waronzof Associates, Incorporated 400 Continental Boulevard, Sixth Floor El Segundo, CA 90245

ASSOCIATES WARONZOF Timothy R. Lowe, MAI, CRE, FRICS

310.322.7744 T 424.285.5380 F [email protected]

www.waronzof.com

REAL ESTATE DISPUTE CONSULTING

http://hamptonhealthltd.com

http://www.waronzof.com

http://www.karslab.com

fying experts, including prominent faculty and industrypractitioners, in a distinctive collaboration. The expertswith whom we work bring the specialized expertiserequired to meet the demands of each assignment. Ourareas of specialization include intellectual property,antitrust, securities, entertainment, real estate, financialinstitutions, and general business litigation.

FULCRUM INQUIRY



1888 Century Park East, Suite 900, Los Angeles, CA90067, (310) 552-0960, fax (310) 557-3468, e-mail: [email protected] or [email protected]. Website: www.gursey.com. Contact Tina Fujisaki or Kristen L. Gillespie. Gursey | Schneider specializes in forensicaccounting and litigation support services in the areas ofcivil litigation, business disputes, bankruptcy, damageand cost-profit insurance claims, court accountings, fraudinvestigations, accounting malpractice, intellectual prop-erty, construction, government accounting, and entertain-ment litigation. Gursey | Schneider has over 38 years ofexperience as expert witnesses in accounting relatedmatters. See display ad on page 37.

PAMELA WAX-SEMUS, CFE WS ENTERPRISES

107 North Reino Road, #402, Newbury Park, CA 91320,(805) 499-3035, fax (805) 498-0468, e-mail: [email protected]. Website: www.tracingqueen.net.Contact Pamela Wax-Semus, CFE. I am experiencedin most areas of litigation support services with a particu-lar emphasis in tracing of assets, real property allocation,stock option analysis, reimbursements and related alloca-tion issues. I have vast experience not only in marital dis-solution matters. My expertise extends to trust and pro-bate accountings, fraud, and other litigation-relatedmatters.

RGL FORENSICS

Orange County Office: 625 City Drive South, Suite 290,Orange, CA 92868, (714) 740-2100. Contact HankKahrs, [email protected], Alan Lurie, [email protected]. San Diego Office: 11440 W Bernardo Court, Suite300, San Diego, CA 92127, (619) 236-0377. ContactRich Holstrom, [email protected]. RGL Forensics is aninternational firm of forensic financial experts exclusivelydedicated to damage analysis, fraud investigation, andvaluation. Serving the legal, insurance, and businesscommunities for more than 30 years, the firm is unique inits ability to combine investigative accounting, businessvaluation, fraud, and forensic technology expertise. Forattorneys, we discover and define financial value in trans-actions and civil and criminal disputes, and when neces-sary provide expert witness testimony in court and arbi-tration proceedings. For more information about RGL,please visit www.rgl.com.


18100 Von Karman Avenue, Suite 420, Irvine, CA 92612,(949) 553-1020, fax (949) 553-0249, e-mail: [email protected]. Website: www.smithdickson.com. Contact Deborah Dickson, CPA. CPA 25+years, testifying 15+ years, forensic accounting and litiga-

tion support. Superior Litigation Support services since1995. The professionals at Smith Dickson clearly, inde-pendently, and accurately analyze financial information,calculate damages, evaluate claims, prepare expertreports and render expert testimony. Thousands of hoursof forensic accounting, deposition and trial experience.Damage calculations; lost profits; forensic accounting;expert testimony; intellectual property; fraud & embezzle-ment; real estate; trust & estate beneficiary disputes, taxcontroversy; business valuations; business dissolution.



FORENSIC ANALYSISBRIAN LEWIS & COMPANY

10866 Wilshire Boulevard, 10the Floor, Los Angeles, CA 90024, (310) 475-5676, e-mail: [email protected]. Contact Brian Lewis, CPA, CVA. Forensicaccounting, business valuations, cash spendable reports,estate, trust, and income tax services.

FORENSIC PATHOLOGY ANDTOXICOLOGYBURR HARTMAN, DO, PHD BURR HARTMAN CONSULTING

36587 Hwy 190/P.O. Box 726, Springville, CA 93265,(559) 539-5265, e-mail: [email protected]. Contact Burr Hartman, DO, PhD. Forensic patholo-gist with PhD in chemistry. Board certified in anatomic,clinical and forensic pathology. Consultant for MicrocorreDX Lab, Tulare, CA which provides services for TulareRegional Med Center, coroner’s pathology for three sher-iff-coroner departments and consultation for Mineral KingToxicology Laboratory. Broad-based scientific back-ground and longstanding interest in toxicology. Testified/deposed 50 times in last 4 yrs. Interested in technical andscientific issues encountered and not usually encounteredin clinical practice. See display ad on page 47.

GEOTECHNICAL ENGINEERINGA & E FORENSICS

2121 Montiel Road, San Marcos, CA 92069, (877) 839-7302, fax (760) 480-7477, e-mail: [email protected]. Website: www.aeforensics.com. Contact SteveNorris, AIA, PE, GE, HG, CEG, CASP, LEED. Archi-tect, engineer, contractor—standard of care expert.Retained over 200 times, deposed over 100 times, andtestified in trial over 20 times. Waterproofing, water intru-sion, building envelope, zoning setbacks, concrete perfor-mance, path of travel, structural analysis, earthquake-firedamage, and plan analysis. Landslides, retaining wall fail-ure, settlement, flooding, grading, septic, expansive soils,mud flows, pavement distress, ground water evaluation,and slope analysis. Cost estimates, construction manage-ment, delay analysis, and contracts. Serving all California,Hawaii, and Oklahoma. See display ad on page 35.

GERIATRICSHAMPTON HEALTH, LTD™JOHN H. FULLERTON, MD, MRO, CMD, CFP,FACP, AGSF, FAAHPM

1700 California Street, Suite 470, San Francisco, CA94109, (415) 460-5532, fax (415) 376-5820, e-mail: [email protected]. Website: hamptonhealthltd.com.Contact John H. Fullerton. Services available: BoardCertified in Internal Medicine, Geriatrics, Hospice, Pallia-tive Medicine, Addiction Medicine, and Home Health;Licensed Medical Review Officer. Expertise: Medicarefraud cases for the government, toxicology/DUI, elderabuse including criminal defense of lay caregiversaccused of homicide of demented relatives during end-of-life phase. Hospital, ambulatory/outpatient, PI, medicalmalpractice, and LTC. Medical/hospice directorships.Testified over 200 times and reviewed more than 1,500cases, including Medicare audits for the government. See display ad on page 43.

GOLFMICHAEL S. JOHNSTONE, AIA

15 Southern Fairway Court, Etowah Valley, NC 28729,(828) 891-7990, e-mail: [email protected]: www.johnstonearch.com. Contact MichaelS. Johnstone, AIA. Golf course architect, expert wit-ness and forensic study including: wrongful death,drowning, serious injury, errant balls, golf cart accidents& rollover, golf course design, safety, constructiondefects, irrigation damage, nets and barriers, propertydamage, slip and fall, premises liability. Golf courses,clubhouses, driving ranges, cart paths, neighboringproperty, and parking lots. 40 years architecture andconstruction management experience. 150+ accidentinvestigations completed across the United Statesincluding: court testimony, deposition, site inspection,reports, graphic presentation, construction analysis, andreplacement cost estimates.

HOSPICE/PALLIATIVE MEDICINEHAMPTON HEALTH, LTD™JOHN H. FULLERTON, MD, MRO, CMD, CFP,FACP, AGSF, FAAHPM

1700 California Street, Suite 470, San Francisco, CA94109, (415) 460-5532, fax (415) 376-5820, e-mail: [email protected]. Website: hamptonhealthltd.com.Contact John H. Fullerton. Services available: BoardCertified in Internal Medicine, Geriatrics, Hospice, Pallia-tive Medicine, Addiction Medicine, and Home Health;Licensed Medical Review Officer. Expertise: Medicarefraud cases for the government, toxicology/DUI, elderabuse including criminal defense of lay caregiversaccused of homicide of demented relatives during end-of-life phase. Hospital, ambulatory/outpatient, PI, medicalmalpractice, and LTC. Medical/hospice directorships.Testified over 200 times and reviewed more than 1,500cases, including Medicare audits for the government.See display ad on page 43.

INSURANCEADVISORS/EXPERTS @ MCS ASSOCIATES



MITCHELL L. LATHROP

600 West Broadway, Suite 500, San Diego, CA 92101-3357, (619) 955-5951, fax (619) 566-4034, e-mail:[email protected]. Website: www.LathropADR.com. Contact Mitchell L. Lathrop. Expert consultingand testimony in insurance matters, including claim han-dling, bad faith, standard of care, property and casualty,D&O, primary and excess, and reinsurance disputes.Also, lawyers’ professional responsibility, and malpractice.Curriculum vitae will be supplied upon request. Over 50years of experience. Former Presiding Referee of theState Bar Court. A.M. Best recommended expert.

JANICE A. RAMSAY, ATTORNEY

5 Saros, Irvine, CA 92603, (949) 854-9375, fax (949) 854-9375, e-mail: [email protected]. Website: www.JaniceARamsay.com. Contact Janice A. Ramsay.Property insurance consultation and testimony as to thecustoms and practices of the insurance industry in han-dling property insurance claims in insurance bad faithcases.

ROBERT HUGHES ASSOCIATES, INC.

508 Twilight Trail, Suite 200, Richardson (Dallas), TX75080, (972) 980-0088, fax (972) 233-1548, e-mail: [email protected]. Website: www.roberthughes.com. Contact John Oakley. Founded in 1979, RHA isan international insurance and risk management consult-ing company based in Dallas. Our consultants’ experi-ence in the insurance industry allows us to provide highlyqualified expert witness and litigation support services.Our expertise includes property/casualty insurance,life/health insurance, Lloyd’s, London Market Research,claims handling, bad faith, insurance coverage, agencymanagement and practices, insurance laws and regula-tions, and marketing practices, insurance archaeology,and policy interpretation and analysis.

INTELLECTUAL PROPERTYCONSOR IP CONSULTING AND VALUATION

7342 Girard Avenue, Suite 8, La Jolla, CA 92037, (858)454-9091, fax (858) 454-7819, e-mail: [email protected]: www.consor.com. Contact Jeff Anderson orWeston Anson. CONSOR IP Consulting and Valuationhas been a global industry leader in intellectual propertyvaluation, expert witness services, monetization assis-tance, licensing strategies and more for the last 30 years.Our experts use real-world evidence and marketing crite-ria to help our intellectual property clients reach theirfinancial goals. We are dedicated to assisting our clientsin maximizing the value of their intellectual property andintangible asset portfolios, while simultaneously minimiz-ing risk and uncertainty.



FULCRUM INQUIRY

888 South Figueroa Street, Suite 2000, Los Angeles, CA 90017, (213) 787-4100, fax (213) 891-1300, e-mail: [email protected]. Website: www.fulcrum.com. Contact David Nolte. Our professionals areexperienced CPAs, MBAs, ASAs, CFAs, affiliated profes-sors, and industry specialists. Our analysis and researchcombined with unique presentation techniques haveresulted in an unequaled record of successful court casesand client recoveries. Our expertise encompasses dam-

ages analysis, loss profit studies, business and intangibleasset valuations, fraud investigations, statistics, forensiceconomic analysis, royalty audits, strategic and marketassessments, competitive surveys, analysis of computer-ized data, injury and employment damages, and a widerange of other financial advisory services. Degrees/licenses: CPAs, CFAs, ASAs, PhDs, and MBAs inaccounting, finance, economics, and related subjects.See display ad on back cover.


18100 Von Karman Avenue, Suite 420, Irvine, CA 92612, (949) 553-1020, fax (949) 553-0249, e-mail: [email protected]. Website: www.smithdickson.com. Contact Deborah Dickson, CPA.CPA 25+ years, testifying 15+ years, forensic accountingand litigation support. Superior Litigation Support servicessince 1995. The professionals at Smith Dickson clearly,independently, and accurately analyze financial informa-tion, calculate damages, evaluate claims, prepare expertreports and render expert testimony. Thousands of hoursof forensic accounting, deposition and trial experience.Damage calculations; lost profits; forensic accounting;expert testimony; intellectual property; fraud & embezzle-ment; real estate; trust & estate beneficiary disputes, taxcontroversy; business valuations; business dissolution.



INTERNAL MEDICINEHAMPTON HEALTH, LTD™JOHN H. FULLERTON, MD, MRO, CMD, CFP,FACP, AGSF, FAAHPM

1700 California Street, Suite 470, San Francisco, CA94109, (415) 460-5532, fax (415) 376-5820, e-mail: [email protected]. Website: hamptonhealthltd.com.Contact John H. Fullerton. Services available: BoardCertified in Internal Medicine, Geriatrics, Hospice, Pallia-tive Medicine, Addiction Medicine, and Home Health;Licensed Medical Review Officer. Expertise: Medicarefraud cases for the government, oxicology/DUI, elderabuse including criminal defense of lay caregiversaccused of homicide of demented relatives during end-of-life phase. Hospital, ambulatory/outpatient, PI, medicalmalpractice, and LTC. Medical/hospice directorships.Testified over 200 times and reviewed more than 1,500cases, including Medicare audits for the government. See


LEGAL MALPRACTICELAWRENCE H. JACOBSON, ESQ.

9401 Wilshire Boulevard, Suite 1250, Beverly Hills, CA90212, (310) 271-0747, fax (310) 271-0757, e-mail: [email protected]. Website: www.lawrencejacobson.com.Past President, Beverly Hills Bar Association. Expert witness: lawyer malpractice in business and real estatetransactions, fee disputes, standard of care for real estate

brokers and mortgage brokers, and real estate documentcustom and usage. Practicing real estate and businesslaw in California since 1968. See display ad on

page 47.

LITIGATION CONSULTINGNIGRO KARLIN SEGAL & FELDSTEIN, LLP


NJP LITIGATION CONSULTING

1970 Broadway #830, Oakland, CA 94612, (510) 832-2583, fax (510) 839-8642. Website: www.njp.com. Contact Lois Heaney. Jury consulting services includ-ing jury selection, mock trials and focus groups, surveyresearch, venue evaluation, witness preparation, themedevelopment and case presentation. Expert testimonyexperience on voir dire issues, venue and jury composi-tion. More than 40 years of experience in state and fed-eral civil and criminal cases.

LITIGATION SUPPORTSQUAR & ASSOCIATES

2064 Phalarope Court, Costa Mesa, CA 92626, (714) 825-0300, Cell (949) 375-4388, fax (866) 810-9223, e-mail: [email protected]. Website: www.squarassociates.com. Contact Richard M. Squar.Squar & Associates provides superior litigation supportand tax services, including expert witness testimony,strategy development, document discovery, depositionassistance, computation of damages, arbitration consult-ing, forensic accounting, rebuttal testimony, fiduciaryaccountings, and trial exhibit preparation. Our areas ofexpertise include loss of earnings analysis, breach of con-tract, partnership dissolution, reconstruction of account-ing records, embezzlement and fraud, contract costs, lostprofits, damage computations, and malpractice cases.Our practice focuses on closely held entrepreneurial firmsin a wide variety of industries. See display ad on

page 49.

LOSS CARE PLAN/LOSS EARNINGSRGL FORENSICS

Orange County Office: 625 City Drive South, Suite 290,Orange, CA 92868, (714) 740-2100. Contact HankKahrs, [email protected], Alan Lurie, [email protected]. San Diego Office: 11440 W Bernardo Court, Suite 300,San Diego, CA 92127, (619) 236-0377. Contact RichHolstrom, [email protected]. RGL Forensics is aninternational firm of forensic financial experts exclusivelydedicated to damage analysis, fraud investigation, andvaluation. Serving the legal, insurance, and businesscommunities for more than 30 years, the firm is unique inits ability to combine investigative accounting, businessvaluation, fraud, and forensic technology expertise. Forattorneys, we discover and define financial value in trans-actions and civil and criminal disputes, and when neces-sary provide expert witness testimony in court and arbi-tration proceedings. For more information about RGL,please visit www.rgl.com.

MARKETINGDR. MICHAEL A. KAMINS - DRUCKERSCHOOL OF MANAGEMENT, CLAREMONTUNIVERSITY

6401 Warner Drive, Los Angeles CA 90048, (323) 868-9507, (909) 607-2471, fax (323) 931-0258, e-mail:[email protected]. Services offered include expertsurvey research/questionnaire design on Lanham Actissues of confusion, secondary meaning, and dilution. I have knowledge of consumer behavior, marketing strat-egy, and marketing research. I have worked on false


advertising cases and misappropriation of celebrity iden-tity inclusive of cases involving President Trump (TrumpUniversity), Jay-Z, the rock group Boston, Taylor Swift,and The Doors as well as Samsung vs. Apple. Rate fordeposition, trial and consultation at $695/hr. and a 10hour retainer.

MARRIAGE DISSOLUTIONRGL FORENSICS

Orange County Office: 625 City Drive South, Suite 290,Orange, CA 92868, (714) 740-2100. Contact HankKahrs, [email protected], Alan Lurie, [email protected]. San Diego Office: 11440 W Bernardo Court, Suite 300,San Diego, CA 92127, (619) 236-0377. Contact Rich Holstrom, [email protected]. RGL Forensics is aninternational firm of forensic financial experts exclusivelydedicated to damage analysis, fraud investigation, andvaluation. Serving the legal, insurance, and businesscommunities for more than 30 years, the firm is unique inits ability to combine investigative accounting, businessvaluation, fraud, and forensic technology expertise. Forattorneys, we discover and define financial value in trans-actions and civil and criminal disputes, and when neces-sary provide expert witness testimony in court and arbi-tration proceedings. For more information about RGL,please visit www.rgl.com.

MECHANICAL ENGINEERING4X FORENSIC ENGINEERING LABORATORIES, INC.


page 39.

MEDICALHAMPTON HEALTH, LTD™JOHN H. FULLERTON, MD, MRO, CMD, CFP,FACP, AGSF, FAAHPM

1700 California Street, Suite 470, San Francisco, CA94109, (415) 460-5532, fax (415) 376-5820, e-mail: [email protected]. Website: ww.hamptonhealthltd.com. Contact John H. Fullerton. Services available:Board Certified in Internal Medicine, Geriatrics, Hospice,Palliative Medicine, Addiction Medicine, and HomeHealth; Licensed Medical Review Officer. Expertise:Medicare fraud cases for the government, toxicology/DUI,elder abuse including criminal defense of lay caregiversaccused of homicide of demented relatives during end-of-life phase. Hospital, ambulatory/outpatient, PI, medicalmalpractice, and LTC. Medical/hospice directorships.Testified over 200 times and reviewed more than 1,500cases, including Medicare audits for the government. See display ad on page 43.

MRK MEDICAL CONSULTANTS

6555 Coyle Avenue, Suite 235, Carmichael, CA 95608,(800) 403-1647. Website: www.mrkmedconsultants.com. Contact Edward Younger, III, MD., MedicalDirector. Board certified in orthopedic surgery. Withover 30 consultant specialists, MRK provides expert wit-ness services throughout California. Our consultants arededicated to maintaining the highest standards of objec-tive review and analysis of personal injury cases. MRKcoordinates the scheduling and report process and hasphysicians available to help you determine your expertwitness needs.

TASAMED (A DIVISION OF THE TASA GROUP, INC.)Local, National and Global. Plaintiff/Defense. Civil/Criminal. Contact Patricia Keily, (800) 659-8464, fax (800) 850-8272, e-mail: [email protected]: www.TASAmed.com. Customized Expert andConsultant Referrals in all Medical Practice Areas! Werefer a variety of quality, independent and experiencedmedical experts—including hard-to-find specialists – forcase merit reviews, testimony at deposition or trial,research, IMEs, and more in 1,000+ medical fields. Ourskilled referral advisors offer exceptional personal serviceto target your criteria, forward resumes for your reviewand help arrange your initial telephone screeninginterviews with experts. There is no charge unless youdesignate or engage an expert we refer. Visit our websiteand search expert profiles by expertise key word, orderdue diligence research reports on your expert witness oropposing counsel’s, request an expert through ouronline form, and check out our e-Discovery and CyberSecurity Solutions. Call now so that we can start savingyou time! Save $175 (admin fee) on your first expertwitness designation with Promo Code: LATM17. Be sureto check out our insert and display ad in this issue!Please see our insert in this issue and display ad on

page 30.

MEDICAL LEGALROUGHAN & ASSOCIATES AT LINC, INC.

465 N. Halstead Street, Suite 120, Pasadena, CA 91107,(626) 351-0991, fax (626) 351-0992, e-mail: [email protected] Jan Roughan. Specialties: Roughan andAssociates at LINC is a case management and medical/legal consulting firm. Services/products offered include: 1) Expert Testimony, 2) Life Care Plan (LCP) Construc-tion/LCP Critique, 3) Medical Record Organization/Sum-marization/Analysis, 4) Reasonableness Analysis, 5)Expert Witness Identification, 6) IME Attendance, 7) VideoServices (e.g., Day In Life, Settlement Brief, IME Evalua-tion, NDT/PT Evaluation, etc.), 8) Questions for: Deposi-tion/Cross Examination, 9) Medical/Psychiatric Case Man-agement. See display ad on page 39.

MEDICAL MALPRACTICEHAMPTON HEALTH, LTD™JOHN H. FULLERTON, MD, MRO, CMD, CFP,FACP, AGSF, FAAHPM

1700 California Street, Suite 470, San Francisco, CA94109, (415) 460-5532, fax (415) 376-5820, e-mail: [email protected]. Website: hamptonhealthltd.com. Contact John H. Fullerton. Services available: BoardCertified in Internal Medicine, Geriatrics, Hospice, Pallia-tive Medicine, Addiction Medicine, and Home Health;Licensed Medical Review Officer. Expertise: Medicarefraud cases for the government, toxicology/DUI, elderabuse including criminal defense of lay caregiversaccused of homicide of demented relatives during end-of-life phase. Hospital, ambulatory/outpatient, PI, medicalmalpractice, and LTC. Medical/hospice directorships.Testified over 200 times and reviewed more than 1,500cases, including Medicare audits for the government. See display ad on page 43.


6555 Coyle Avenue, Suite 235, Carmichael, CA 95608,(800) 403-1647. Website: www.mrkmedconsultants.com. Contact Edward Younger, III, MD., MedicalDirector. Board certified in orthopedic surgery. With over 30 consultant specialists, MRK provides expert witness services throughout California. Our consultantsare dedicated to maintaining the highest standards ofobjective review and analysis of personal injury cases.MRK coordinates the scheduling and report processand has physicians available to help you determine yourexpert witness needs.

MEDICAL/NEUROLOGYCIMENT CONSULTANTS, LLC

14010 Majestic Court, Lake Oswego, OR 97035, (971)235-1628, fax (503) 598-8746, e-mail: [email protected]. Website: www.cimentconsultantsllc.com.Contact Gary Ciment, PhD. Medical reports, expertreview of medical records and radiographs. Specializingin neurological issues involving the brain, spinal cord,brachial plexus, as well as surgical issues as they relate to anatomy.

JONATHAN S. RUTCHIK, MD, MPH, FAAN,FACOEM

35 Miller Avenue, Suite 331, Mill Valley, CA 94941, (415) 381-3133, fax (415) 381-3131, e-mail: [email protected]. Website: www.neoma.com. Contact

Jonathan S. Rutchik, MD, MPH, FAAN, FACOEM.

One of the few physicians in the USA who is board certi-fied in both Neurology and Occupational and Environ-mental Medicine. An Associate Professor at UCSF, heprovides clinical evaluations and treatment, includingelectromyography, of individuals and populations withsuspected neurological illness secondary to workplaceinjuries or chemical exposure. Services include medicalrecord and utilization review and consulting to industrial,legal, government, pharmaceutical, and academic institu-tions on topics such as metals and solvents, pesticides,mold exposures, product liability, musicians’ injuries,neurological fitness for duty in police, firefighter, DOT andsafety sensitive positions as well as head injuries andneurological trauma. Offices in SF, Richmond, Petaluma,Sacramento, and Eureka/Arcata. Licensed in CA, NY,MA, NM and ID. See display ad on page 39.

MEDICAL/NEUROPSYCHOLOGYMRK MEDICAL CONSULTANTS

6555 Coyle Avenue, Suite 235, Carmichael, CA 95608,(800) 403-1647. Website: www.mrkmedconsultants.com. Contact Edward Younger, III, MD., MedicalDirector. Board certified in orthopedic surgery. With over30 consultant specialists, MRK provides expert witnessservices throughout California. Our consultants are dedi-cated to maintaining the highest standards of objectivereview and analysis of personal injury cases. MRK coordi-nates the scheduling and report process and has physi-cians available to help you determine your expert witnessneeds.

MEDICAL/PHYSICAL THERAPYDR. JOYCE M. CAMPBELL, PHD, PT, EN

3336 Winlock Road, Torrance, CA 90505, (310) 539-3143, e-mail: [email protected]. Over 40 years inphysical therapy practice (acute, rehab and outpatient);certified electroneuromyographer, professor of PT in DPT curriculum, peer review/expert consultant and wit-ness since 1978 (both defense and plaintiff). Expertise/research: musculoskeletal, neuromuscular, peripheral and central nervous system disorders (CVA, TBI, SCI, CP,MS, peripheral neuropathy), botulinum toxin on nerve &muscle, and clinical applications of electrical stimulation.

MEDICAL/TOXICOLOGYJONATHAN S. RUTCHIK, MD, MPH, FAAN,FACOEM

35 Miller Avenue, Suite 331, Mill Valley, CA 94941, (415) 381-3133, fax (415) 381-3131, e-mail: [email protected]. Website: www.neoma.com. Contact

Jonathan S. Rutchik, MD, MPH, FAAN, FACOEM.

One of the few physicians in the USA who is board certi-fied in both Neurology and Occupational and Environ-mental Medicine. An Associate Professor at UCSF, heprovides clinical evaluations and treatment, includingelectromyography, of individuals and populations withsuspected neurological illness secondary to workplaceinjuries or chemical exposure. Services include medicalrecord and utilization review and consulting to industrial,legal, government, pharmaceutical, and academic institu-tions on topics such as metals and solvents, pesticides,mold exposures, product liability, musicians’ injuries,


neurological fitness for duty in police, firefighter, DOT andsafety sensitive positions as well as head injuries andneurological trauma. Offices in SF, Richmond, Petaluma,Sacramento, and Eureka/Arcata. Licensed in CA, NY,MA, NM and ID. See display ad on page 39.

METALLURGICAL AND CORROSIONENGINEER4X FORENSIC ENGINEERINGLABORATORIES, INC.

5262 Oceanus Drive, Huntington Beach, CA 92649,(714) 450-8500, fax (714) 450-8599, e-mail:[email protected]. Website: www.4Xforensic.com.Contact Phil Van Herle. 4X Forensic Engineering Laboratories is a full-service forensic engineering labora-tory. We provide expert witness and analytical and test-ing services in the following areas: fires and explosions:electrical and gas product defect investigations, thermaland fire modeling and laboratory testing; water loss:materials, corrosion, and failure analysis of plumbingproducts; failure analysis: metallurgy, product testing,and computerized stress analysis; accident reconstruc-tion: automotive, trucks, construction equipment, andpremises liability. See display ad on page 39.


Testing and Research Labs, 2528 West Woodland Drive, Anaheim, CA 92801-2636, (714) 527-7100, fax(714) 527-7169, e-mail: [email protected]. Website:www.karslab.com. Contact Dr. Ramesh Kar, Dr.Naresh Kar, Dr. Nikhil Kar. Southern California’s premier materials/mechanical/metallurgical/structural/forensics laboratory. Registered professional engineerswith 30+ years in etallurgical/forensic/structural/mechani-cal failure analysis. Experienced with automotive, bicy-cles, tires, fire, paint, plumbing, corrosion, and structuralfailures. We work on both plaintiff and defendant cases.Complete in-house capabilities for tests. Extensive depo-sition and courtroom experience (civil and criminal investi-gations). Principals are Fellows of American Society forMetals and Fellows, American College of Forensic Examiners. See display ad on page 43.

METALLURGYEAG, INC. (FORMERLY SEAL LABORATORIES)

250 North Nash Street, El Segundo, CA 90245, (310)322-2011, fax (310) 322-2243. Website: www.eag.com.Contact Dr. Arun Kumar at [email protected] orDr. Dana Medlin at [email protected]. EAG per-forms metallurgical analysis and failure analysis investiga-tions of various metallic and non-metallic products andcomponents used in the aerospace, transportation, con-sumer products, construction and medical device indus-tries. Additionally, we assist our clients with productdesign, materials selection, product improvement andquality assurance programs involving metallurgical issues.From routine metallurgical testing to complex consulting,EAG ensures the highest standard of quality for metallur-gical evaluations.


Testing and Research Labs, 2528 West Woodland Drive, Anaheim, CA 92801-2636, (714) 527-7100, fax(714) 527-7169, e-mail: [email protected]. Website: www.karslab.com. Contact Dr. Ramesh Kar, Dr.Naresh Kar, Dr. Nikhil Kar. Southern California’s premier aterials/mechanical/metallurgical/structural/forensics laboratory. Registered professional engineerswith 30+ years in etallurgical/forensic/structural/mechani-cal failure analysis. Experienced with automotive, bicy-cles, tires, fire, paint, plumbing, corrosion, and structuralfailures. We work on both plaintiff and defendant cases.Complete in-house capabilities for tests. Extensive depo-sition and courtroom experience (civil and criminal investi-gations). Principals are Fellows of American Society forMetals and Fellows, American College of ForensicExaminers. See display ad on page 43.


http://www.lawrencejacobson.com

http://www.zsscpa.com

METEOROLOGY AIR, WEATHER, AND SEA CONDITIONS, INC.

P.O. Box 512, Pacific Palisades, CA 90272, (818)645-8632, fax (310) 454-6530, e-mail: [email protected]. Website: www.weatherman.org. Contact JayRosenthal, AMS Certified Consulting Meteorolo-gist (CCM). Experienced and authoritative expert testi-mony, reports and analyses of wind, rain, storms, fog, ice,lightning, climatic conditions, flooding, waves, specialist inwildfires, ice, dust, auto/boat/ship/aircraft accident recon-struction, property damage, slip and falls, construction,mold issues, homeland security applications, air pollution,transport, and risk identification. Movie industry applica-tions, cinematography, and visual effects. Determiningunusualness, normalcy, and foreseeability. Official data,site visits, clear and convincing testimony. See display

ad on page 36.

ORTHOPEDIC SURGEONMRK MEDICAL CONSULTANTS

6555 Coyle Avenue, Suite 235, Carmichael, CA 95608,(800) 403-1647. Website: ww.mrkmedconsultants.com.Contact Edward Younger, III, MD., Medical Direc-tor. Board certified in orthopedic surgery. With over 30consultant specialists, MRK provides expert witness ser-vices throughout California. Our consultants are dedi-cated to maintaining the highest standards of objectivereview and analysis of personal injury cases. MRK coordi-nates the scheduling and report process and has physi-cians available to help you determine your expert witnessneeds.

RICHARD C. ROSENBERG, MDBOARD CERTIFIED ORTHOPEDIC SURGERY

18370 Burbank Boulevard, #614 Tarzana, CA 91356, (818) 996-6800, fax (818) 996-2929, e-mail: [email protected]. Website: www.drrosenberg.com.Orthopedic surgery & sports medicine; Experienced inIME, QME, AME evaluations. Medical/legal reports andexpert testimony. Personal injury and workers’ compen-sation. Satellite offices in Oxnard and Santa Ana, California.

WILLIAM B. STETSON, MD

191 South Buena Vista Street, Suite 470, Burbank, CA 91505, (818) 848-3030, fax (818) 848-2228, e-mail: [email protected]. Website: www.sportsmedicinedr.com. Contact W. Stetson, MD. Dr.Stetson is fellowship trained in arthroscopic surgery of the shoulder, knee, elbow, and ankle. He is an AssociateClinical Professor of orthopedic surgery at the USC KeckSchool of Medicine. He also has extensive experience insports medicine and orthopedic trauma.

PEDIATRIC EXPERT WITNESSMICHAEL WEINRAUB, MD, FAAP

777 South Figueroa Street, Suite 650, Los Angeles, CA 90017, (213) 335-6512, fax (213) 335-6517, e-mail:[email protected]. Website: www.michaelweinraubmd.com. Contact Dr. Michael Weinraub. Experience in general pediatrics applied tolegal matters involving children. Board Certified Pediatri-cian. Child abuse and neglect, Munchausen syndrome byproxy, shaken baby syndrome (SBS), lead poisoning, fetalalcohol spectrum disorder (FASD), pediatric malpractice,childhood injury and product liability, developmental dis-abilities (autism), healthcare of foster children, and adop-tion/custody evaluation for health supervision concerns.

PERSONAL INJURYKGA, INC.

1409 Glenneyre Street, Suite A, Laguna Beach, CA92651, (949) 497-6000, fax (949) 494-4893, e-mail:[email protected]. Website: www.kgainc.com. ContactKurt Grosz. Construction and environmental consultantssince 1991. Licensed engineers and contractors. ICCbuilding, plumbing, mechanical, concrete, and accessibil-ity inspectors. Certified professional estimators. Trialexperts, arbitrators, and insurance appraisers/umpires.

RGL FORENSICS

Orange County Office: 625 City Drive South, Suite 290,Orange, CA 92868, (714) 740-2100. Contact HankKahrs, [email protected], Alan Lurie, [email protected]. San Diego Office: 11440 W Bernardo Court, Suite 300,San Diego, CA 92127, (619) 236-0377. Contact RichHolstrom, [email protected]. RGL Forensics is aninternational firm of forensic financial experts exclusivelydedicated to damage analysis, fraud investigation, andvaluation. Serving the legal, insurance, and businesscommunities for more than 30 years, the firm is unique inits ability to combine investigative accounting, businessvaluation, fraud, and forensic technology expertise. Forattorneys, we discover and define financial value in trans-actions and civil and criminal disputes, and when neces-sary provide expert witness testimony in court and arbi-tration proceedings. For more information about RGL,please visit www.rgl.com.





PLASTIC AND COSMETICRECONSTRUCTIVE SURGERYBRENT MOELLEKEN, MD, FACS

Beverly Hills office, 120 South Spalding Drive, Suite 110,Beverly Hills, CA 90212, (310) 273-1001, fax (310) 205-4881. Santa Barbara office, 601 East Arrellaga Street,Suite 103, Santa Barbara, CA. 93103, (805) 798-9299.Website: www.drbrent.com. Contact Penny. IME,deposition, trial experience, medical record review, plasticand reconstruction surgery, accident reconstructions,microsurgical nerve repairs, dog bite reconstructions, andlaser scar services. Associate Clinical Professor ofSurgery, UCLA Division of Plastic Surgery.

PLASTIC SURGERY/BURN SPECIALISTJEFFREY L. ROSENBERG, MD

1245 Wilshire Boulevard, Suite 601, Los Angeles, CA90017, (213) 977-0257, fax (213) 977-0501, e-mail: [email protected]. Website: www.jrosenbergmd.com.Contact Judy. Plastic and reconstructive surgery, burn

specialist. Diplomate, American Board of Plastic Surgery.Member, American Burn Association and American Soci-ety of Plastic Surgeons.

PLASTICSKARS’ ADVANCED MATERIALS, INC.

Testing and Research Labs, 2528 West Woodland Drive, Anaheim, CA 92801-2636, (714) 527-7100, fax(714) 527-7169, e-mail: [email protected]. Website:www.karslab.com. Contact Dr. Ramesh Kar, Dr.Naresh Kar, Dr. Nikhil Kar. Southern California’s pre-mier materials/mechanical/metallurgical/structural/foren-sics laboratory. Registered professional engineers with30+ years in metallurgical/forensic/structural/mechanicalfailure analysis. Experienced with automotive, bicycles,tires, fire, paint, plumbing, corrosion, and structural fail-ures. We work on both plaintiff and defendant cases.Complete in-house capabilities for tests. Extensive depo-sition and courtroom experience (civil and criminal investi-gations). Principals are Fellows of American Society forMetals and Fellows, American College of Forensic Exam-iners. See display ad on this page 43.

PLUMBING4X FORENSIC ENGINEERING LABORATORIES, INC.


page 39.

PODIATRY—FOOT SPECIALISTSTEVEN L. ROSENBERG, DPM

2901 Wilshire Boulevard, Suite 110, Santa Monica, CA 90403, (310) 828-3336, fax (310) 828-0096, e-mail: [email protected]. Website: www.rosenbergstevendpm.com. Expert witness, plaintiff anddefense, IME, podiatric surgery, medicine, sports medicine,trauma injuries, and pain management. Second opinionreports, x-ray review, and evaluations. Treating all ages,infants, children and adults. Over 36 years of experience.

POLYGRAPHJACK TRIMARCO & ASSOCIATES POLYGRAPH INC.

9454 Wilshire Boulevard, 6th Floor, Beverly Hills, CA90212, (310) 247-2637, e-mail: [email protected]: www.jacktrimarco.com. Contact Jack Trimarco. Former manager of the Federal Bureau ofInvestigation’s polygraph program in Los Angeles. Former Inspector General Polygraph Program—Depart-ment of Energy. Nationally known and respected poly-graph expert. I have the credentials you would want whenyou have a client polygraphed, a case reviewed, or amotion made regarding polygraph. My unique back-ground allows me to bring the highest levels of serviceand expertise to any polygraph situation. Current memberof the Ethics Committee, California Association of Poly-graph Examiners (CAPE). Hundreds of appearances onnational TV, including Dr. Phil, Oprah, Greta, NancyGrace, O’Reilly Factor, and Hannity and Colmes.Degrees/licenses: BS Psychology, Certified APA, AAPP,CAPE, AAFE. See display ad on page 9.

PSYCHIATRYMARIA T. LYMBERIS, MD, INC.1500 Montana Avenue, Suite 201, Santa Monica, CA 90403, (310) 451-3152, e-mail: [email protected]. Website: www.lymberis.com.


Contact Maria T. Lymberis, MD. Clinical Professorof Psychiatry, UCLA School of Medicine. BoardCertified in adult, child/adolescent psychiatry, expertconsultant Medical Board of California, forensicexpert for psychiatric malpractice, sexual harass -ment, posttraumatic stress cases, and divorce/childcustody and psychiatric evaluations for: fitness forduty and competency to stand trial.

PSYCHOLOGY/PSYCHOLOGICALASSESSMENTJUDY HO, PHD, ABPP, CFMHE LICENSEDCLINICAL PSYCHOLOGIST

Tenured Associate Professor at Pepperdine University;Diplomate, American Board of Professional Psychology;Diplomate, National Board of Forensic Evaluators. Office:1600 Rosecrans Avenue, Media Center 4th Floor, Man-hattan Beach, CA 90266. (310) 745-8887,email: [email protected]. Website: www.drjudyho.com. Dr. Ho pro-vides forensic and neuropsychological evaluations used inlegal settings to document a wide variety of psychologi-cally relevant information, including neuropsychological,IME, and forensic evaluations for civil & criminal casesincluding personal injury, fitness for duty, discrimination,sexual assault and trauma, professional licensing dis-putes, and assessment of psychological state/functioningat time of criminal offense. Dr. Ho is a member of theInternational Neuropsychological Society National Acad-emy of Neuropsychology, and Division 40 (Soc. for ClinNeuropsych) and 41 (American Psych-Law Soc.) of theAmerican Psychological Association. A list of her retainedcases are available upon request. She provides experttestimony regarding psychological testing methods,results, and conclusions. Dr. Ho is a diplomate of twospecialty boards, a two-time recipient of the NationalInstitute of Mental Health National Services ResearchAward, and the current chair of the Institutional ReviewBoard at Pepperdine University. She conducts clinicaland community research on mental health, publishesempirical studies and book chapters, and is a frequentinvited speaker at various national and local conferencesand media outlets.

REAL ESTATEADVISORS/EXPERTS @ MCS ASSOCIATES


CANTERBURY LAW GROUP

14300 North Northsight Boulevard, Suite 129, Scottsdale,AZ 85260, 480) 240-0040, fax (480) 656-5966, e-mail: [email protected]. Website: www.craigcherney.com.Contact Craig Cherney. Real estate expert witness inland acquisition, professional land management, landentitlements, zoning, due diligence, title policies, closings,fiduciary duties of loyalty, diligence and full disclosure, runpro forma analytics, joint venture and land managerexpert. Expert in fiduciary standards of care when man-aging third party real estate capital toward the highestand best use of land whether vacant, entitled, partiallyimproved, or fully improved.

CASTLELYONS CORPORATION

Forty-five years in the entitlement, development andhomebuilding industry. Areas of expertise: partnershipdisputes, industry customs/practices, standard of careissues, brokerage complaints and fraud/misconduct.


http://www.castlelyons.net

http://www.squarassociates.com

https://expertpages.com/details.php/2172_2230_257_121.htm


MBA/USC, CA and HI Broker’s licenses. Seasonedexpert with proved trial testimony on a variety of realestate cases. For career accomplishments, testimonialsand other areas of expertise, please refer to website atwww.castlelyons.net or contact Michael K. Ryan,President, CastleLyons Corporation at (619) 787-5988.See display ad on page 49.

E. ROBERT MILLER & ASSOCIATES PROPERTY MANAGEMENT EXPERTS

330 Primrose Road, Suite 606, Burlingame, CA 94010, (650) 373-0705, fax (650) 373-0709, e-mail:[email protected]. Website: www.erobertmiller.com. Contact E. Robert Miller. Specialties: expert witness in property management issues for all types of commer-cial and residential real estate. Experience in arbitration,litigation, lease terms, personal injury, property damage,security, industry standards of care, and due diligence.Retained as an expert witness consultant in more than1,000 lawsuits.

EURISKO CORPORATION

6043 Shirley Avenue, Tarzana, CA 91356, 818-430-6705, e-mail: [email protected]. Website:www.CaliforniaRealEstateFraudReport.com. ContactMonique Bryher. Expert consulting and litigation sup-port in the area of residential real estate trans actionsIssues of failure to disclose, dual agency matters, realestate fraud, including short sale fraud. Experience sellingforeclosed properties, proper procedures and REO fraud.Full-case analysis and report writing for both criminal andcivil cases. Expert has written and published the onlybook on the topic of short sale fraud and is one of onlyapproximately 30 members of the Commissioner’s RealEstate and Mortgage Loan Advisory Panel for the Califor-nia Bureau of Real Estate (BRE).

SAMUEL K. FRESHMAN, BA, JD

5901 West Century Boulevard, Suite 1010, Los Angeles,CA 90045, (310) 410-2300, fax (310) 410-2919. ContactSamuel K. Freshman. Attorney and real estate brokersince 1956, banker, professor legal malpractice, arbitra-tion, brokerage malpractice, leases, syndication, con-struction, property management, finance, due diligence,conflict of interest, title insurance, banking, escrow, anddevelopment. Expert witness 30-plus years in state andfederal courts. Twenty-one published articles, arbitratorand mediator, general partner $300,000,000+, shoppingcenters, apartments, and industrial property. JD Stanford(1956). See display ad on page 49.

LAWRENCE H. JACOBSON, ESQ.

9401 Wilshire Boulevard, Suite 1250, Beverly Hills, CA 90212, (310) 271-0747, fax (310) 271-0757, e-mail:[email protected]. Website: www.lawrencejacobson.com. Past President, Beverly Hills Bar Association.Expert witness: lawyer malpractice in business and realestate transactions, fee disputes, standard of care for realestate brokers and mortgage brokers, and real estatedocument custom and usage. Practicing real estate andbusiness law in California since 1968. See display ad

on page 47.

MAURICE ROBINSON AND ASSOCIATES LLC

28 Dover Place, Manhattan Beach, CA 90266, (310) 640-9656, fax (310) 640-9276, e-mail: [email protected]. Website: www.mauricerobinson.com. Contact R. Maurice Robinson, president.Hotel and real estate industry business issues, includingmarket, economic and financial feasibility, valuation, anddisputes between owner-operator, borrower-lender, andfranchisor-franchisee. Fluent in management contracts,license agreements, ground and building leases, partner-ship and JV agreement, concession contracts, develop-ment agreements, and loan docs. Can estimate dam-ages and appraise property values under multiplescenarios. Expert witness testimony, litigation strategy,consultation and support, damage calculations, lost prof-its analysis, real estate appraisals, deal structuring, work-outs, new development, strategic planning, marketdemand assessment, acquisition due diligence, and eco-nomic, financial, and investment analysis.

REAL ESTATE EXPERT WITNESS—RODINOASSOCIATES

11661 San Vicente Boulevard, Suite 306, Los Angeles,CA 90049, (310) 614-2193, e-mail: [email protected]: www.RodinoAssociates.com. Contact RobertJ. Rodino, PhD. Expert witness esearch report prepara-tion, deposition, court testimony in all major propertytypes, for multi-family residential, retail, office and lightindustrial, acquisition & disposition, development, man-agement, leasing, investment analysis, brokerage, andmarket research.

THE REYNOLDS GROUP



400 Continental Boulevard, Sixth Floor, El Segundo, CA 90245, (310) 322-7744, fax (424) 285-5380. Website: www.waronzof.com. Contact Timothy R.Lowe, MAI, CRE. Waronzof provides real estate andland use litigation support services including economicdamages, lost profits, financial feasibility, lease dispute,property value, enterprise value, partnership interest andclosely held share value, fair compensation, lender liabil-ity, and reorganization plan feasibility. Professional staff offive with advanced degrees and training in real estate,finance, urban planning, and accounting. See display

ad on page 43.

REAL ESTATE—PROPERTYMANAGEMENTE. ROBERT MILLER & ASSOCIATES PROPERTY MANAGEMENT EXPERTS

330 Primrose Road, Suite 606, Burlingame, CA 94010,(650) 373-0705, fax (650) 373-0709, e-mail: [email protected]. Website: www.erobertmiller.com. Contact E. Robert Miller. Specialties: expert witness in property management issues for all types of commer-cial and residential real estate. Experience in arbitration,litigation, lease terms, personal injury, property damage,security, industry standards of care, and due diligence.Retained as an expert witness consultant in more than1,000 lawsuits.

SAFETYKGA, INC.

1409 Glenneyre Street, Suite A, Laguna Beach, CA92651, (949) 497-6000, fax (949) 494-4893, e-mail: [email protected]. Website: www.kgainc.com. Contact Kurt Grosz. Construction and environmentalconsultants since 1991. Licensed engineers and contrac-tors. ICC building, plumbing, mechanical, concrete, andaccessibility inspectors. Certified professional estimators.Trial experts, arbitrators, and insurance appraisers/umpires.

SCS ENGINEERS

3900 Kilroy Airport Way, Suite 100, Long Beach, CA90806, (562) 426-9544, fax (562) 427-0805, e-mail:[email protected]. Website: www.scsengineers.com. Contact Julio Nuno, VP. SCS provides expertwitness services related to environmental studies andengineering, water resources, solid waste and air qualityand industrial hygiene and safety services. We are a 46-year old consulting firm with 68 offices across the US andnearly 800 employees. Our Long Beach office has morethan 30 professional engineers, scientists, and subjectmatter experts available on short notice to serve

asbestos, lead-based paint, and other specialty areasrequiring expert witness services.

SECURITIESCORNERSTONE RESEARCH


SERVICE STATIONSTHE REYNOLDS GROUP

P.O. Box 1996, Tustin, CA 92781-1996, (714) 730-5397, fax (714)730-6476, e-mail: [email protected]. Website: www.reynolds-group.com. Contact Ed Reynolds, RCE, Principal. An environ-mental consulting, and contracting firm. Expertise: environmental contamination, assessment, remediation,reasonable value of construction, standard of care, andrelated financial matters. Degrees in Civil Engineering:USC (BS), University of Houston (MS), (MBA) Harvard.California Registered Civil Engineer, Licensed A, B, HAZCalifornia Contractor. 30 years’ experience. Adjunct Faculty Member USC Viterbi School of EngineeringDepartment of Civil and Environmental Engineering.

SPOUSAL EVALUATIONS/DISSOLUTION CASESCALIFORNIA CAREER SERVICES

8727 West Third Street, Suite 204, Los Angeles, CA 90048, (310) 550-6047, fax (310) 550-6053 e-mail: [email protected]. Website: www.californiacareerservices.com. Contact Susan WiseMiller, MA. Career Counselor/Vocational Expert specializing in divorce cases. Conducts vocational examinations, labor market research, writes reports andtestifies on employability and earning capacity issues.

NIGRO KARLIN SEGAL & FELDSTEIN, LLP


SURGERYCIMENT CONSULTANTS, LLC

14010 Majestic Court, Lake Oswego, OR 97035, (971)235-1628, fax (503) 598-8746, e-mail: [email protected]. ebsite: www.cimentconsultantsllc.com. ContactGary Ciment, PhD. Medical reports, expert review ofmedical records and radiographs. Specializing in neuro-logical issues involving the brain, spinal cord, brachialplexus, as well as surgical issues as they relate toanatomy.


6555 Coyle Avenue, Suite 235, Carmichael, CA 95608,(800) 403-1647. Website: www.mrkmedconsultants.com. Contact Edward Younger, III, MD., MedicalDirector. Board certified in orthopedic surgery. With over30 consultant specialists, MRK provides expert witnessservices throughout California. Our consultants are dedi-


cated to maintaining the highest standards of objectivereview and analysis of personal injury cases. MRK coordi-nates the scheduling and report process and has physi-cians available to help you determine your expert witnessneeds.

SURVEY RESEARCHDR. MICHAEL A. KAMINSDRUCKER SCHOOL OF MANAGEMENT,CLAREMONT UNIVERSITY

6401 Warner Drive, Los Angeles CA 90048, (323) 868-9507, (909) 607-2471, fax (323) 931-0258, e-mail:[email protected]. Services offered include expert survey research/questionnaire design on LanhamAct issues of confusion, secondary meaning, and dilution. I have knowledge of consumer behavior, marketing strat-egy, and marketing research. I have worked on falseadvertising cases and misappropriation of celebrity iden-tity inclusive of cases involving President Trump (TrumpUniversity), Jay-Z, the rock group Boston, Taylor Swift,and The Doors as well as Samsung vs. Apple. Rate fordeposition, trial and consultation at $695/hr. and a 10hour retainer.

TOXICOLOGYHAMPTON HEALTH, LTD™JOHN H. FULLERTON, MD, MRO, CMD, CFP,FACP, AGSF, FAAHPM

1700 California Street, Suite 470, San Francisco, CA 94109, (415) 460-5532, fax (415) 376-5820, e-mail: [email protected]. Website: hamptonhealthltd.com.Contact John H. Fullerton. Services available: BoardCertified in Internal Medicine, Geriatrics, Hospice, Pallia-tive Medicine, Addiction Medicine, and Home Health;Licensed Medical Review Officer. Expertise: Medicarefraud cases for the government, toxicology/DUI, elderabuse including criminal defense of lay caregiversaccused of homicide of demented relatives during end-of-life phase. Hospital, ambulatory/outpatient, PI, medical

malpractice, and LTC. Medical/hospice directorships.Testified over 200 times and reviewed more than 1,500cases, including Medicare audits for the government. See


PRINCETON-SOMERSET GROUP, INC.

4 Carroll Drive, Hillsborough, NJ 08844, (800) 597-8836,(908) 369-6890, fax (908) 369-6881. Website: www.PrincetonSomerset.com. Contact Dr. DennisStainken. Expert witness, toxicology, health issues,chemical exposure, mold issues, worker exposure, conta-mination issues, causation assessment, property dam-age/contamination and remediation, sewage, gasolineand oil issues and age determination, petroleum releases,chemicals/products, risk assessment, indoor air quality/health effects, toxic tort evaluation, chemistry, siteassessment, regulatory issues, environmental toxicology,environmental issues, and wetland/ecological. Servicesnationwide. Thirty-plus years of industrial and governmentexperience in pollution under NPDES, CERCLA, RCRA,SDWA, and CWA. Former federal and state regulator,professor, consultant, industrial research. Seventy-fiveplus publications.

TRAFFIC ENGINEERINGWILLIAM KUNZMAN, PE

1111 Town and Country #34, Orange, CA 92868, (714)904-2821, e-mail: [email protected]. Website:www.traffic-engineer.com. Contact William Kunzman,PE. Traffic expert witness since 1979, both defense andplaintiff. Auto, pedestrian, bicycle, and motorcycle acci-dents. Largest plaintiff verdicts: 1) $12,200,000 in pedes-trian accident case against Caltrans, 2) $10,300,000 incase against Los Angeles Unified School District. Largestsettlement: $2,000,000 solo vehicle accident case againstCaltrans. Best defense verdicts: 1) $0 while defendingCaltrans and opposition sought $16,000,000. 2) $0defending City of Long Beach and opposition sought$15,000,000. Before becoming expert witness, employedby Los Angeles County Road Department, Riverside

County Road Department, City of Irvine, and FederalHighway Administration. Knowledge of governmentalagency procedures, design, geometrics, signs, trafficcontrols, maintenance, and pedestrian protection barriers.Hundreds of cases. Undergraduate work—UCLA, gradu-ate work—Yale University.

WASTEWATERJOHN SHAW CONSULTING, LLC

Tel: (530) 550-1576, e-mail: [email protected]. Website: www.shaweng.com. Contact John Shaw,PE. Water/wastewater/sewer industry—unique combina-tion of operations and engineering background. Sanitaryengineering including water (potable) and wastewater(industrial and domestic) treatment, conveyance,hydraulics, storage, reuse, master planning, operations,maintenance, and expert witness and forensic (mode offailure and standard of care analysis, engineering analysis,product suitability and construction defect issues). Waste-water treatment plants, disposal/reuse facilities, sewagelift station design, sewer collection systems, and sludgetreatment. Water treatment plants, pipelines, and swim-ming pools.

ZONING AND ENTITLEMENTSCASTLELYONS CORPORATION

Forty-five years in the entitlement, development and homebuilding industry. Areas of expertise: partnership disputes, industry customs/practices, standard of careissues, brokerage complaints and fraud/misconduct.MBA/USC, CA and HI Broker’s licenses. Seasonedexpert with proved trial testimony on a variety of realestate cases. For career accomplishments, testimonialsand other areas of expertise, please refer to website atwww.castlelyons.net or contact Michael K. Ryan,President, CastleLyons Corporation at (619) 787-5988.See display ad on page 49.


THE NINTH CIRCUIT WILL DECIDE the validity of the Obama Admin -istration’s Deferred Action on Childhood Arrivals (DACA) programand whether President Trump’s rescission, without notice, onSeptember 7, 2017, withstands due process and equal protectionchallenges. In a two-sentence unsigned opinion in Department ofHomeland Security v. Regents of the University of California, theSupreme Court denied without prejudice the government’s petitionfor certiorari, asserting the assumption that the “Court of Appealswill proceed expeditiously to decide this case.”1 The nationwideinjunction remains in force, requiring the Department of HomelandSecurity (DHS) to maintain the DACA program as it existed priorto rescission and to allow existing enrollees to renew in DACAuntil the case concludes.

DACA’s deferred deportation program is the 2012 presidentialphoenix rising from the ashes of Congress’s failure to pass theDevelopment Relief and Education for Alien Minors (DREAM)Act in 2007 and again in 2011. The DREAM Act would haveprovided a path to legal status for undocumented youth who hadno choice in their parents’ decision to immigrate illegally and raisethem as Americans. Dubbed DREAMers, they often discover thedevastating truth about their illegal status when they embark onone or more teenage rites of passage to independence, such asapplying for a driver’s license, a job, or college admission. DACApromised protection from deportation and authorization to work,join the military, or attend college to those who divulged extensivepersonal information and abided by the law.

It is estimated nearly a third of the 800,000 DACA recipientsare California DREAMers,2 and California fiercely defends theDACA dream. In an August 24, 2017, letter, Governor JerryBrown. urged President Trump not only to maintain DACA butalso to find “a more permanent solution,” characterizing DACA’srescission as cruel and counter to our nation’s ideals, because “touproot these young people from the only country they have knownas home is to turn our back on the future.” Later, in Machiavellianmanner, President Trump both rescinded and claimed support forthe DACA program, delaying formal deportation of DREAMersthrough March 5, 2018, ostensibly giving Congress time to enacta statutory solution. The Senate’s failure to pass any of the fourimmigration bills debated before the president’s deadline dashedthe dream of a bipartisan legislative solution.

Attorney General Xavier Becerra’s litigation in California, how-ever, is keeping the DACA dream alive. The Regent plaintiffs allegerescission will cause California significant losses, including intellectualcapital and productivity, the economies of a prepared workforce,tax revenues, and profound consequences for professionals in law,medicine, education, and psychology who applied for DACArelying on the government’s promise that detailed informationthey revealed to qualify would not be used to remove them.

In two decisions rendered respectively on January 9 and January12, 2018, Judge William Alsup upheld and dismissed certain of

the plaintiff’s DACA claims. In Regents I, the court rejected thegovernment’s argument that DACA’s rescission is a discretionaryaction by DHS barred from judicial review under the AdministrativeProcedure Act and the Immigration and Naturalization Act, notingthat the rationale for the government’s ending of DACA was itssupposed illegality, and that “determining illegality is a quintessentialrole of the courts.”3 The DACA program is not an illegal exerciseof executive authority because programmatic deferred action hasa lengthy history of validity. Therefore, plaintiffs likely wouldestablish that the rescission was based on a flawed premise of ille-gality and must be set aside as arbitrary, capricious, an abuse ofdiscretion, or not otherwise in accordance with the law.

In Regents II, the court empathized with DACA’s recipients,who changed their lives because of the expectation that DACA’sbenefits would be available to them if they abided by the rules,but concluded the expectation does not constitute a constitutionalchallenge under the Fifth Amendment. Allegations about changesto the government’s information-use policy, however, state a validdue process claim. DHS changed its policy with respect to theextensive personal information provided by DACA recipients, andDACA applicants relied on the government’s promise that theshared personal information provided to apply and meet the pro-gram’s requirements would not be used for immigration purposesabsent specific circumstances. The “government’s broken promiseas to how DACA recipients’ personal information will be used—and its potentially profound consequences—shock[s] the conscienceand offend[s] the community’s sense of fair play.”4

Equal protection clause allegations, if true, prove rescissionimpacts Latinos and Mexican Nationals disproportionately sincethey comprise 93 percent of all DACA recipients.5 The history ofbias leading up to rescission, demonstrated through campaign andother public statements by President Trump in which he expressedracial animus towards Latinos and Mexicans, constitutes circum-stantial evidence of intent and raises the inference that “racialanimus towards Latinos and Mexicans is a motivating factor inthe decision to end DACA.”6 Ultimately, the Supreme Court willdecide DACA’s fate and whether California’s dream comes true. n

1 Homeland Sec. v. Regents of Univ. of Cal., No. 17-1003, 2018 U.S. LEXIS 1508(Feb. 26, 2018).2 Faye Hipsman et al., DACA at Four: Participation in the Deferred Action Programand Impacts on Recipients, Migration Policy Institute 7 (Aug. 2016), available athttps://www.migrationpolicy.org/research [hereinafter Hipsman].3 Regents of Univ. of Cal. v. Homeland Sec. (Regents I), No. C 17-05211, 2018LEXIS 4036 at 48 (N.D. Cal. Jan. 9, 2018).4 Regents of Univ. of Cal. v. Homeland Sec. (Regents II), No. C 17-05211, 2018LEXIS 6141, at 21 (N.D. Cal. Jan. 12, 2018).5 See Id.; see also Hipsman, supra note 2, at 6.6 Regents II, 2018 LEXIS 6141 at 34.

closing argument BY MARY E. KELLY

California DREAMing: A Nationwide Injunction Saves DACA

Mary E. Kelly is chair of the American Bar Association’s National Conference of Ad - ministrative Law Judiciary, and past chair of Los Angeles Lawyer’s Editorial Board.

http://www.lawpay.com/lacba

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