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CAOC Forum Magazine - 2025 Article Index
All Forum articles are copyrighted by Consumer Attorneys of California unless indicated otherwise in the article. Do not reprint or republish without permission.
JANUARY/FEBRUARY 2025 - Vol. 55 No. 1 - Digital Edition
6 Navigating the Way Forward While Keeping Our Values
By Geoffrey S. Wells
6 CAOC Partnership with United Policyholders and How You Can Help California Fire Survivors!
8 CAOC Code of Professional Conduct
10 We can’t solve it all, but that’s not a reason not to hold power to account
By Jeremy Pasternak
12 Unearthing Gems through Creative Discovery in Employment Matters With a Focus on Pregnancy Discrimination and Sexual Harassment Cases
By Alexis Gamliel
18 Demonstrating Pretext: A Caselaw Toolbox
By Janet Gusdorff
24 Effective Strategies for Representing Employment Plaintiffs at Mediation
By Ji-In Lee Houck
30 Federal Preemption: A Fatal Trap for the Unwary
By Daren H. Lipinsky
34 Effectively Telling Your Client’s Story: The Rules, Risks, and Benefits of Using Demonstratives at Trial in Employment Law Cases
By Darren J. Campbell
38 What’s New in Employment Law for 2025!
By Drew Pomerance
40 The Business Side of Your Plaintiff’s Litigation Law Practice
By Guy O. Kornblum
44 Pre-Litigation Vehicle Accident Investigation: A Private Investigator’s Perspective
By Lindon Lilly
46 Recent Cases
By Daniel S. Robinson
50 News and Notes
50 CAOC announces 2024 Consumer Attorneys of the Year and Street Fighters of the Year – J.G. Preston
52 2024 Convention Report – J.G. Preston
60 Hawaii Seminar 2024– Paul A. Matiasic
62 CAOIE Update – Lauren Vogt
64 2025 Legislation – Dangerous Conditions for Public Entities on the Horizon – Nancy Peverini
66 DEI Report – Michael Bracamontes
67 Women’s Caucus Report – Kelly Hanker
68 New Lawyers Division Report – Hunter Norton
71 Membership Update – Beverly Johnson
74 AAJ Washington Update – Linda Lipsen
76 Amicus Curiae Update – Kevin K. Green
Cover photo @ XiXinXing/iStockphoto
By Geoffrey S. Wells
6 CAOC Partnership with United Policyholders and How You Can Help California Fire Survivors!
8 CAOC Code of Professional Conduct
10 We can’t solve it all, but that’s not a reason not to hold power to account
By Jeremy Pasternak
12 Unearthing Gems through Creative Discovery in Employment Matters With a Focus on Pregnancy Discrimination and Sexual Harassment Cases
By Alexis Gamliel
18 Demonstrating Pretext: A Caselaw Toolbox
By Janet Gusdorff
24 Effective Strategies for Representing Employment Plaintiffs at Mediation
By Ji-In Lee Houck
30 Federal Preemption: A Fatal Trap for the Unwary
By Daren H. Lipinsky
34 Effectively Telling Your Client’s Story: The Rules, Risks, and Benefits of Using Demonstratives at Trial in Employment Law Cases
By Darren J. Campbell
38 What’s New in Employment Law for 2025!
By Drew Pomerance
40 The Business Side of Your Plaintiff’s Litigation Law Practice
By Guy O. Kornblum
44 Pre-Litigation Vehicle Accident Investigation: A Private Investigator’s Perspective
By Lindon Lilly
46 Recent Cases
By Daniel S. Robinson
50 News and Notes
50 CAOC announces 2024 Consumer Attorneys of the Year and Street Fighters of the Year – J.G. Preston
52 2024 Convention Report – J.G. Preston
60 Hawaii Seminar 2024– Paul A. Matiasic
62 CAOIE Update – Lauren Vogt
64 2025 Legislation – Dangerous Conditions for Public Entities on the Horizon – Nancy Peverini
66 DEI Report – Michael Bracamontes
67 Women’s Caucus Report – Kelly Hanker
68 New Lawyers Division Report – Hunter Norton
71 Membership Update – Beverly Johnson
74 AAJ Washington Update – Linda Lipsen
76 Amicus Curiae Update – Kevin K. Green
Cover photo @ XiXinXing/iStockphoto
MARCH/APRIL 2025 - Vol. 55 No. 2 - Digital Edition
6 A Time to Show Courage
By Geoffrey Wells
8 Constitutional Rot
By Steven B. Stevens
10 Optimizing Client Recovery in Cases with Medi-Cal Liens, Including Effective Use of the Ahlborn Formulation
By Bruce M. Brusavich and Eduardo J. Ascencio
16 Screening Dental Malpractice Cases
By Steven P. Goldberg
22 Leveling the Medical Malpractice Playing Field: The Code of Civil Procedure Section 425.13 Hammer
By Jennifer R. Johnson and Susan D. Garbutt
28 The Why of Medical Malpractice Cases
By Bruce Fagel, MD, JD
32 How to Overcome CACI 506 on Alternative Methods of Care in Your Medical Malpractice Case
By Benjamin Ikuta
36 Using the Federal No Surprises Act to Overcome San Francisco General Hospital Liens Filed Pursuant to San Francisco Municipal Code 124, 124.5
By Donald M. de Camara
38 Death Spiral: Private Equity Ownership of Health Care
By Joanne Doroshow and Emily Gottlieb
42 When Is It Legal Malpractice to be Wrong on the Law?
By John P. Blumberg
46 They Did What? Opposing Defendants’ Demurrer to the Judicial Council’s Form Complaint
By Ralph L. Jacobson
50 Deposition Preliminaries and Use of “Admonitions”
By Guy O. Kornblum
54 Recent Cases
By Daniel S. Robinson
By Geoffrey Wells
8 Constitutional Rot
By Steven B. Stevens
10 Optimizing Client Recovery in Cases with Medi-Cal Liens, Including Effective Use of the Ahlborn Formulation
By Bruce M. Brusavich and Eduardo J. Ascencio
16 Screening Dental Malpractice Cases
By Steven P. Goldberg
22 Leveling the Medical Malpractice Playing Field: The Code of Civil Procedure Section 425.13 Hammer
By Jennifer R. Johnson and Susan D. Garbutt
28 The Why of Medical Malpractice Cases
By Bruce Fagel, MD, JD
32 How to Overcome CACI 506 on Alternative Methods of Care in Your Medical Malpractice Case
By Benjamin Ikuta
36 Using the Federal No Surprises Act to Overcome San Francisco General Hospital Liens Filed Pursuant to San Francisco Municipal Code 124, 124.5
By Donald M. de Camara
38 Death Spiral: Private Equity Ownership of Health Care
By Joanne Doroshow and Emily Gottlieb
42 When Is It Legal Malpractice to be Wrong on the Law?
By John P. Blumberg
46 They Did What? Opposing Defendants’ Demurrer to the Judicial Council’s Form Complaint
By Ralph L. Jacobson
50 Deposition Preliminaries and Use of “Admonitions”
By Guy O. Kornblum
54 Recent Cases
By Daniel S. Robinson
58 News and Notes
58 Protecting Justice for Families: The Urgent Need for SB 29 – Jacquie Serna
60 Childhood Sexual Abuse Cases: Making Sure Victims Are Protected in the Legislature – Nancy Peverini and Jacquie Serna
61 Legal Staff Support Group Coffee Break Report – Rose Gutierrez
62 What’s New in Tort & Trial — Staying Current – Anne Kepner
64 Diversity, Equity & Inclusion Committee Report – Michael Bracamontes
65 Women’s Caucus Report – Join Us at Justice Day – Kelly Hanker
66 New Lawyers Division Report – Hunter Norton
69 Membership Update – Liz Teves
72 AAJ Washington Update – Linda Lipsen
74 J. Gary Gwilliam receives ACCTLA Legend of the Law Lifetime Achievement Award
58 Protecting Justice for Families: The Urgent Need for SB 29 – Jacquie Serna
60 Childhood Sexual Abuse Cases: Making Sure Victims Are Protected in the Legislature – Nancy Peverini and Jacquie Serna
61 Legal Staff Support Group Coffee Break Report – Rose Gutierrez
62 What’s New in Tort & Trial — Staying Current – Anne Kepner
64 Diversity, Equity & Inclusion Committee Report – Michael Bracamontes
65 Women’s Caucus Report – Join Us at Justice Day – Kelly Hanker
66 New Lawyers Division Report – Hunter Norton
69 Membership Update – Liz Teves
72 AAJ Washington Update – Linda Lipsen
74 J. Gary Gwilliam receives ACCTLA Legend of the Law Lifetime Achievement Award
Cover photo © baona/iStockphoto.com
MAY/JUNE 2025 - Vol. 55 No. 3 - Digital Edition
6 Fighting for Justice Every Day
By Geoffrey Wells
8 Courageous Judges Enforcing the Rule of Law
By Sharon J. Arkin
10 Storytelling Through Discovery, at Mediation and Trial
By Elizabeth A. Hernandez
16 Preparing Your Client and Case for Successful Mediation
By Kristy M. Arevalo
20 Don’t Be Afraid of Arbitration: Appealing to an Audience of One
By Daren H. Lipinsky
24 How to Negotiate Your Best Settlement
By Drew E. Pomerance
28 The Do’s and Don’ts of UM/UIM Arbitration
By Rob Piering
34 The Unlikely Power Move: Seek Arbitration in Your Med Mal Case
By Benjamin Ikuta
38 Developing Your “Mild” Traumatic Brain Injury (TBI) Case
By James G. Perry and Atticus N. Wegman
46 Cross-Examination of the Adverse Expert
By Guy O. Kornblum
48 Recent Cases
By Daniel S. Robinson
50 News and Notes
50 Donald L. Galine Napa/Sonoma Seminar – Anne Marie Murphy
52 CAOC Justice Day 2025 – Wrap-Up – Samantha Helton
56 Kaiser Arbitration Update Webinar – J.G. Preston
57 CAOIE Judges Night – Sharon P. Ramirez
58 CAOC opposes new proposal to limit non-economic damages and to cap attorneys’ fees – Nancy Peverini and Jacquie Serna
60 Advertising, Tort Reform, and Legislation: A Call for Self-Regulation – Nancy Peverini
62 Diversity, Equity & Inclusion Committee Report – Michael Bracamontes
63 Women’s Caucus Report – Kelly Hanker
64 New Lawyers Division Report – Hunter Norton
66 CAOC Law School Outreach Committee: Empowering Tomorrow’s Plaintiff’s Bar – Tiega Varlack
67 Legal Staff Support Group Coffee Break Report – Rose Gutierrez
69 Let’s Keep Building CAOC Together! – Liz Teves
72 AAJ Washington Update – Linda Lipsen
74 Amicus Curiae Update – Kevin K. Green
By Geoffrey Wells
8 Courageous Judges Enforcing the Rule of Law
By Sharon J. Arkin
10 Storytelling Through Discovery, at Mediation and Trial
By Elizabeth A. Hernandez
16 Preparing Your Client and Case for Successful Mediation
By Kristy M. Arevalo
20 Don’t Be Afraid of Arbitration: Appealing to an Audience of One
By Daren H. Lipinsky
24 How to Negotiate Your Best Settlement
By Drew E. Pomerance
28 The Do’s and Don’ts of UM/UIM Arbitration
By Rob Piering
34 The Unlikely Power Move: Seek Arbitration in Your Med Mal Case
By Benjamin Ikuta
38 Developing Your “Mild” Traumatic Brain Injury (TBI) Case
By James G. Perry and Atticus N. Wegman
46 Cross-Examination of the Adverse Expert
By Guy O. Kornblum
48 Recent Cases
By Daniel S. Robinson
50 News and Notes
50 Donald L. Galine Napa/Sonoma Seminar – Anne Marie Murphy
52 CAOC Justice Day 2025 – Wrap-Up – Samantha Helton
56 Kaiser Arbitration Update Webinar – J.G. Preston
57 CAOIE Judges Night – Sharon P. Ramirez
58 CAOC opposes new proposal to limit non-economic damages and to cap attorneys’ fees – Nancy Peverini and Jacquie Serna
60 Advertising, Tort Reform, and Legislation: A Call for Self-Regulation – Nancy Peverini
62 Diversity, Equity & Inclusion Committee Report – Michael Bracamontes
63 Women’s Caucus Report – Kelly Hanker
64 New Lawyers Division Report – Hunter Norton
66 CAOC Law School Outreach Committee: Empowering Tomorrow’s Plaintiff’s Bar – Tiega Varlack
67 Legal Staff Support Group Coffee Break Report – Rose Gutierrez
69 Let’s Keep Building CAOC Together! – Liz Teves
72 AAJ Washington Update – Linda Lipsen
74 Amicus Curiae Update – Kevin K. Green
Cover photo © PeopleImages/iStockphoto.com
JULY/AUGUST 2025 - Vol. 55 No. 4 - Digital Edition
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6 Honor, Integrity, Civility and Decency Defines Our Country, or Does It?
By Geoffrey Wells
8 First We Cry, Then We Fight
By Sharon J. Arkin
10 The Underinsurance Problem: How It Happened and Why It Continues
By Reid Ehrlich and Ricardo Echeverria
18 Underlying Biases in Consumer Litigation
By Molly McKibben
24 Litigating TBI Cases: Navigating Preexisting Health Issues, Pitfalls and Client Behavior
By James G. Perry
32 Continued Viability of the Make Whole Defense in Insured ERISA Plans
By Donald M. de Camara
36 From Scrubs to the Stand: Preparing Physicians for Powerful Courtroom Testimony
By Eric V. Traut
40 Organizing and Presenting Witnesses at Trial
By Guy O. Kornblum
42 Recent Cases
By Daniel S. Robinson
48 News
48 Palm Springs Seminar Success – Megan Demshki
52 Behind Enemy Lines: A Masterclass in Cross-Examination with Rahul Ravipudi and Ian Samson – Abbas Kazerounian
54 Act Now to Defend Justice: Why California’s Legal Community Must Rally Behind SB 29 (Laird) – Jacquie Serna
56 Diversity, Equity & Inclusion Committee Report – Michael Bracamontes
57 CAOC – Knowledge is POWER – Kelly Hanker
58 New Lawyers Division Report – Hunter Norton
61 Legal Staff Support Group Coffee Break Report – Rose Gutierrez
63 Mid-Year Momentum: Growing CAOC One Member at a Time – Liz Teves
66 AAJ Washington Update – Linda Lipsen
By Geoffrey Wells
8 First We Cry, Then We Fight
By Sharon J. Arkin
10 The Underinsurance Problem: How It Happened and Why It Continues
By Reid Ehrlich and Ricardo Echeverria
18 Underlying Biases in Consumer Litigation
By Molly McKibben
24 Litigating TBI Cases: Navigating Preexisting Health Issues, Pitfalls and Client Behavior
By James G. Perry
32 Continued Viability of the Make Whole Defense in Insured ERISA Plans
By Donald M. de Camara
36 From Scrubs to the Stand: Preparing Physicians for Powerful Courtroom Testimony
By Eric V. Traut
40 Organizing and Presenting Witnesses at Trial
By Guy O. Kornblum
42 Recent Cases
By Daniel S. Robinson
48 News
48 Palm Springs Seminar Success – Megan Demshki
52 Behind Enemy Lines: A Masterclass in Cross-Examination with Rahul Ravipudi and Ian Samson – Abbas Kazerounian
54 Act Now to Defend Justice: Why California’s Legal Community Must Rally Behind SB 29 (Laird) – Jacquie Serna
56 Diversity, Equity & Inclusion Committee Report – Michael Bracamontes
57 CAOC – Knowledge is POWER – Kelly Hanker
58 New Lawyers Division Report – Hunter Norton
61 Legal Staff Support Group Coffee Break Report – Rose Gutierrez
63 Mid-Year Momentum: Growing CAOC One Member at a Time – Liz Teves
66 AAJ Washington Update – Linda Lipsen
Cover photo © DNY59/iStockphoto
SEPTEMBER/OCTOBER 2025 - Vol. 55 No. 5 - Digital Edition
6 It’s Time to Wake Up, California
By Geoffrey S Wells
8 I See You
By Sharon J. Arkin
10 The Pre-Litigation Investigation of Public Road Dangerous Condition Cases – A How-to Approach
By Constantine P. Tsagaris and Ilya D. Frangos
16 Hide and Seek in the World of Autonomous Vehicle Discovery
By Brett Schreiber
18 A New Trend in Auto Defect Litigation: Collision Avoidance Technology (CAT)
By Brian Chase
24 Prop 22 Was Never Meant to Let Uber Off the Hook: Why App Companies Remain Liable for Driver Negligence
By Joshua D. White and Cyrus A. Nazarian
32 Avoiding the Pitfalls of Immunity Under Government Code Section 830.4
By Adam Shea and Nicholas W. Yoka
38 Trial Briefs and Other Briefing During Trial
By Guy O. Kornblum
40 Deposition Survival Guide: What They Don’t Teach You in Law School
By Tyler R. Paboojian
44 Significant Victory for Qui Tam Whistleblowers: Discovery Materials May Be Used in Amended Complaints
By Sarvenaz “Nazy” J. Fahimi and Kevin J. Boutin
46 Recent Cases
By Daniel S. Robinson
By Geoffrey S Wells
8 I See You
By Sharon J. Arkin
10 The Pre-Litigation Investigation of Public Road Dangerous Condition Cases – A How-to Approach
By Constantine P. Tsagaris and Ilya D. Frangos
16 Hide and Seek in the World of Autonomous Vehicle Discovery
By Brett Schreiber
18 A New Trend in Auto Defect Litigation: Collision Avoidance Technology (CAT)
By Brian Chase
24 Prop 22 Was Never Meant to Let Uber Off the Hook: Why App Companies Remain Liable for Driver Negligence
By Joshua D. White and Cyrus A. Nazarian
32 Avoiding the Pitfalls of Immunity Under Government Code Section 830.4
By Adam Shea and Nicholas W. Yoka
38 Trial Briefs and Other Briefing During Trial
By Guy O. Kornblum
40 Deposition Survival Guide: What They Don’t Teach You in Law School
By Tyler R. Paboojian
44 Significant Victory for Qui Tam Whistleblowers: Discovery Materials May Be Used in Amended Complaints
By Sarvenaz “Nazy” J. Fahimi and Kevin J. Boutin
46 Recent Cases
By Daniel S. Robinson
50 CAOC 2025 Award Finalists
By J.G. Preston
News and Notes
58 Let’s be honest: We fight the good fight, yet some lawyers are our own worst enemies – Nancy Peverini
59 Legislative Update
60 CAOC’s 2025 Leadership Academy – Casey R. Johnson
62 Diversity, Equity & Inclusion Committee Report – Michael Bracamontes
63 CAOC 2026 Board of Directors
64 Women’s Caucus Report – Kelly Hanker
66 New Lawyers Division Report – Tatevik “Vicki” Gasparyan
67 NLD & DEI Cocktail Reception – Photos
69 Legal Staff Support Group Coffee Break Report – Rose Gutierrez
71 Summer Is Over – But the Momentum Is Just Beginning! – Beverly Johnson
74 AAJ Washington Update – Linda Lipsen
76 Amicus Curiae Update – Kevin K. Green
By J.G. Preston
News and Notes
58 Let’s be honest: We fight the good fight, yet some lawyers are our own worst enemies – Nancy Peverini
59 Legislative Update
60 CAOC’s 2025 Leadership Academy – Casey R. Johnson
62 Diversity, Equity & Inclusion Committee Report – Michael Bracamontes
63 CAOC 2026 Board of Directors
64 Women’s Caucus Report – Kelly Hanker
66 New Lawyers Division Report – Tatevik “Vicki” Gasparyan
67 NLD & DEI Cocktail Reception – Photos
69 Legal Staff Support Group Coffee Break Report – Rose Gutierrez
71 Summer Is Over – But the Momentum Is Just Beginning! – Beverly Johnson
74 AAJ Washington Update – Linda Lipsen
76 Amicus Curiae Update – Kevin K. Green
Cover photo © Scharfsinn86/iStockphoto.com
NOVEMBER/DECEMBER 2025 - Vol. 55 No. 6 - Digital Edition
6 Challenging Year to Bring Back Honor, Integrity, and Civility
By Geoffrey Wells
8 Why the Powerful Want to Keep Our Clients Out of Court
By Doug Saeltzer
9 Tripling Down on Consumer Protections: CAOC Files Three Initiatives
By Julie Gossett
10 We Are Not the Same
By Sharon J. Arkin
12 Don’t Be Fooled by the Gharibian Decision – Why California Law Mandates Insurance Coverage for Smoke Damage
By Jeffrey I. Ehrlich
18 A Personal Injury Lawyer’s Guide to Issuing Demand Letters and Opening Third Party Policies
By Brian Kabateck and Barret Alexander
24 Avoiding Arbitration in Health Insurance Bad Faith Cases
By Rob Gianelli and Alexandra Gianelli
30 Swimming in the Risk Pool
By Demián I. Oksenendler
34 Getting Strict with Insurers: When substantial compliance is not enough
By Sharon J. Arkin
38 From Medicine to Law: How a Disability Claim Changed a Life
By Matthew Bourhis
40 Story Telling in the Theater of the Real
By Guy O. Kornblum
42 Voir Dire: The Art of Jury Selection in Civil Trials
By William D. Shapiro
48 Stare Decisis: Follow the Leader?
By Reza Torkzadeh and Allen P. Wilkinson
52 Wrongful Termination, Discrimination Harassment – Two Recent Appellate Decisions
By Drew Pomerance
54 Recent Cases
58 News and Notes
58 All Five CAOC-Sponsored Bills Signed by Governor – Nancy Peverini
60 Class Action Seminar Wrap-up – Katie Pebler
61 Webinar Wrap Up! Smart Firms & Technology: Staying Ahead of the Game with Your Practice – Katie Pebler
62 SMCTLA Master Seminar Recap: Mastering Settlement – Paula Vielman-Reeves
63 SMCTLA Judges Dinner – Alexandra Hamilton
64 On Courage – Kelly Hanker
65 Diversity, Equity & Inclusion Committee Report – Michael Bracamontes
66 New Lawyers Division Report – Hunter Norton
69 Legal Staff Support Group Coffee Break Report – Rose Gutierrez
71 Membership Update – Liz Teves
74 AAJ Washington Update – Linda Lipsen
By Geoffrey Wells
8 Why the Powerful Want to Keep Our Clients Out of Court
By Doug Saeltzer
9 Tripling Down on Consumer Protections: CAOC Files Three Initiatives
By Julie Gossett
10 We Are Not the Same
By Sharon J. Arkin
12 Don’t Be Fooled by the Gharibian Decision – Why California Law Mandates Insurance Coverage for Smoke Damage
By Jeffrey I. Ehrlich
18 A Personal Injury Lawyer’s Guide to Issuing Demand Letters and Opening Third Party Policies
By Brian Kabateck and Barret Alexander
24 Avoiding Arbitration in Health Insurance Bad Faith Cases
By Rob Gianelli and Alexandra Gianelli
30 Swimming in the Risk Pool
By Demián I. Oksenendler
34 Getting Strict with Insurers: When substantial compliance is not enough
By Sharon J. Arkin
38 From Medicine to Law: How a Disability Claim Changed a Life
By Matthew Bourhis
40 Story Telling in the Theater of the Real
By Guy O. Kornblum
42 Voir Dire: The Art of Jury Selection in Civil Trials
By William D. Shapiro
48 Stare Decisis: Follow the Leader?
By Reza Torkzadeh and Allen P. Wilkinson
52 Wrongful Termination, Discrimination Harassment – Two Recent Appellate Decisions
By Drew Pomerance
54 Recent Cases
58 News and Notes
58 All Five CAOC-Sponsored Bills Signed by Governor – Nancy Peverini
60 Class Action Seminar Wrap-up – Katie Pebler
61 Webinar Wrap Up! Smart Firms & Technology: Staying Ahead of the Game with Your Practice – Katie Pebler
62 SMCTLA Master Seminar Recap: Mastering Settlement – Paula Vielman-Reeves
63 SMCTLA Judges Dinner – Alexandra Hamilton
64 On Courage – Kelly Hanker
65 Diversity, Equity & Inclusion Committee Report – Michael Bracamontes
66 New Lawyers Division Report – Hunter Norton
69 Legal Staff Support Group Coffee Break Report – Rose Gutierrez
71 Membership Update – Liz Teves
74 AAJ Washington Update – Linda Lipsen
Cover photo © f00sion/iStockphoto
