VCTLA Holiday Party @ Tower Club

Please join VCTLA for our annual holiday party at the Tower Club on December 4 at 6 pm.
300 East Esplanade Drive in Oxnard

Tickets: $35 at the door or online here:
https://vctla.3dcartstores.com/Dinner-Programs_c_1.html

Purchase 2013 Membership here:
https://vctla.3dcartstores.com/VCTLA-Annual-Membership_c_9.html

Check out the flyer:

Ventura Superior Court Elects Presiding & Assistant Presiding Judges for 2013-2014

On September 12, 2012, the Judges of the Ventura Superior Court unanimously elected Judge Brian J. Back as Presiding Judge and Judge Donald D. Coleman as Assistant Presiding Judge for 2013 and 2014. The new term for both begins January 1, 2013.

Judge Back was appointed to the Ventura Municipal Court by Governor Pete Wilson in 1997 and elevated to the Superior Court in 1998 by court unification. He has been a judge for 14 years. He has served as the Superior Court Assistant Presiding Judge since January 2011.

Judge Back is currently assigned to the criminal division. Previous assignments have included juvenile delinquency, family law, guardianship, domestic violence, and adult mental health courts. Judge Back has presided over specialized juvenile drug and mental health calendars and served on numerous professional and community boards and commissions. In 2003, he was named Judge of the Year by the Ventura County Trial Lawyers Association.

Prior to his appointment to the bench, Judge Back was an attorney with Arnold, Back, Mathews, Wojkowski & Zirbel from 1990 to 1997, Arnold & Back from 1989 to 1990, and Nordman, Cormany, Hair & Compton from 1977 to 1989. His area of specialization was civil litigation and business law.

To read the rest of the public notice, download it here, or visit: http://www.ventura.courts.ca.gov

Public Notice: Ventura County Superior Court Closures Nov 21 and Dec 24, 26, 27, 28 and 31 2012

The majority of the courtrooms and all of the clerk’s offices will be closed on November 21, 2012, December 24, 26, 27, 28 and 31, 2012 to mitigate the impact of employee furlough days on court operations.

These days are not court holidays, so statutory deadlines will not be extended.

However, drop boxes are currently provided outside each clerical office for filing papers or submitting payments. Documents placed in the boxes by 5:00 p.m. are deemed deposited for filing that same business day.

For the 2012-13 fiscal year, the Governor and Legislature have approved a reduction of $540 million, which is in addition to the $652 million, in ongoing budget cuts to the judicial branch that have been in place since 2008. For fiscal year 2012-13, the Ventura Superior Court budget has a structural deficit of $7.2 million remaining after cutting $6 million from its budget through layoffs of 20 court staff, the early separation of 16 court staff, the elimination of 44 vacant positions, reduction of services at the East County Courthouse, and reduction of expenditures for services and supplies.

Anyone wishing to comment on this proposed plan may do so, either by regular mail or e-mail, by November 16, 2012. Please direct your response to:

Michael D. Planet, Court Executive Officer

P.O. Box 6489

Ventura, CA 93006-6489

or

closureresponse@ventura.courts.ca.gov

Download the full public notice here, or visit http://www.ventura.courts.ca.gov for more information.

CAOC Masters Program

Please Join VCTLA for a Dinner Program on October 23, 2012 at the Courtyard by Marriott in Oxnard, and earn 1 MCLE Credit.

Reception 6 pm and Dinner 6:30 pm.

John Feder, President-Elect of Consumer Attorneys of California, will present the latest advances in accident reconstruction and bio-mechanics, including the use of surveillance videos to prove your case.

Tickets are available.  MCLE additional $10.

Barrister/VCTLA Members ($50)

Barrister/VCTLA Members with MCLE ($60)

Non-Member ($60)

Non-Member with MCLE ($70)

Please Pay Online by credit card at

http://vctla.3dcartstores.com/Dinner-Programs_c_1.html, or

Fill out the flyer and Return with check payable to VCTLA, P.O. Box 5292 Ventura, CA 93003 

Save the East County Courthouse!

As you may have read recently in the VC Star, the Ventura County Bar Association has been working closely with our local Superior Court (Presiding Judge O’Neill, Court Exec. Officer Mike Planet) and local officials (Supervisor Peter Foy, Simi Valley Mayor Bob Huber, former Simi City Manager Mike Sedell) to try to save the East County Courthouse (in Simi) from being closed completely. 

The proposal is for all the major cities in Ventura County to make a financial contribution for a temporary 2-year period to maintain limited services at the East County Courthouse – namely, one Commissioner sitting 2 days per week to handle small claims, traffic, unlawful detainer, criminal arraignment and restraining order matters.  (Annually, $275,000 is needed to maintain these services at the East County Courthouse.) 

If this courthouse is closed and the 17,000 cases (annually) are then transferred to Ventura, people can expect delays in access to justice caused by a backlog of cases, resulting in longer wait times for hearings, lines at the filing window in Ventura, traffic on the already congested 101 freeway between Thousand Oaks and Ventura, and parking problems at the Ventura courthouse. 

The contribution amount being requested of each city is based upon their population and the relative impact caused by the court’s closure.  Several cities as well as the County have already approved this proposal.  We are now waiting for a few key cities such as Thousand Oaks to get onboard.  
The breakdown is as follows:

City of Camarillo                     $15,000

City of Moorpark                     $25,000

City of Oxnard                         $30,000

City of Simi Valley                   $75,000

City of Thousand Oaks           $65,000

City of Ventura                        $15,000

County of Ventura                   $50,000

                                             __________

                                             $275,000

You can download the official agenda & supplemental packet for next Tuesday's T.O. City Council meeting.  We are the first item of business under the Department Reports (#9A).  

However, it looks like we will be fighting an uphill battle given that the recommendation is to NOT provide the funding requested.  
That’s why YOUR attendance and support at the July 17, 2012 meeting is even more important!  

Please invite all your friends and colleagues as well.

Save the East County Courthouse! (T.O. City Council Meeting July 17)

Calling all VCTLA members, bar leaders, friends - especially those who live & work in Thousand Oaks and the East County:

Join VCTLA, VCBA, VCMABA and VCDBA, as we support Presiding Judge O'Neill and Executive Officer Michael Planet's pitch to save the East County Courthouse from being completely closed. 

Your presence is needed at the Thousand Oaks City Council meeting next Tuesday July 17 (6pm) at the City Council Chambers in the Civic Arts Plaza (2100 Thousand Oaks Boulevard).  The more people we can get there, the stronger our voice!

The Asst. CHP Regional Chief, Simi Valley Mayor Bob Huber, Supervisor Peter Foy, and VCTLA President Allen Ball, will also address the council. Board Members from the Ventura County Trial Lawyers Association will be attendance, and we urge you to join us. 

This is your chance to make a difference!  Please contact Dien Le at dien@calawcounsel.com and stay tuned to the VCTLA Facebook page for more information.

Crash Data Retrieval & Control Data Interpretation (What’s in that Airbag Black Box Anyway?)

VCLTA invites you to join us for a dinner program on July 24, 2012 - earn 1 MCLE.

Tower Club in Oxnard
300 Esplanade Drive, 21st Floor
Oxnard, CA 93036

Reception: 6 pm
Dinner: 6:30 pm

Have you ever wondered what information is stored in the
“Black Box” in your car? Our speaker, Mark Whelchel, P.E.,
will tell you at this informative and cutting edge program.
Mr. Whelchel is a mechanical engineer with over 25 years
of expertise in the field of Automotive Forensic Engineering
and has been intimately involved with the expansion of
Automotive Airbag Event Data Retrieval (the “black boxes”
in cars). He has published technical papers, presented
numerous continuing educational seminars, and conducted
testing in this area. Mr. Whelchel has qualified and testified
in several states in the field of Crash Data Retrieval in both
civil and criminal trials, equally for the plaintiff and defense bars.

Cick here to download the flyer and R.S.V.P. today!

Superior Court Fee Increase Effective June 27, 2012

Last week, Governor Brown signed the fiscal year 2012-2013 state budget and related "trailer bills."  One of the trailer bills contained various increases in civil filing fees, and in the case of jury deposits, a change in the deadline for making deposits.  

The following link provides a complete listing of filing fees; those which are highlighted in yellow denote changes and increases – Superior Court of California State Civil Fee Schedule. 

As in the past, the changes are said to take effect immediately, although the Ventura County Superior Court has not announced when it will implement the new fees.

All together, these fees are expected to raise approximately $50 million annually to support the court system.

To read related articles about the court budget see the Ventura County Star:

Photo by Juan Carlo of the VC Star

http://www.vcstar.com/news/2012/jun/12/simi-courthouse-to-temporarily-stay-open-in/

http://www.vcstar.com/news/2011/aug/03/budget-cuts-will-be-felt-at-ventura-county/

AAJ Response to the U.S. Supreme Court’s decision on the Affordable Care Act

Washington, DC—The following is a statement from the American Association for Justice (AAJ) President Gary M. Paul in response to the U.S. Supreme Court’s decision on the constitutionality of the Affordable Care Act:

“Today’s Supreme Court ruling is a step forward not only in the fight to expand access to healthcare, but also in the fight to protect patients’ access to justice.

“This ruling bolsters AAJ’s longstanding argument that federal efforts to deny patients’ legal rights by mandating changes to state laws and state courts exceed Congress’s authority under the Commerce Clause and violate our system of federalism.

“Going forward, any efforts to address the American healthcare system must have a strong focus on improving patient safety and ensuring accountability.”

--- As the world's largest trial bar, the American Association for Justice (formerly known as the Association of Trial Lawyers of America) works to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others—even when it means taking on the most powerful corporations.
Visit http://www.justice.org/newsroom.

CMS Seeks Public Comments on Liability MSA's

June 15th, 2012

Douglas L. Shaw, C.P.A., C.M.A,CMSP
Chief Operating Officer

An Advanced Notice of Public Rule making (ANPRM), CMS-6047-ANPRM, from the Centers for Medicare and Medicaid Services (CMS) was published in the July 15, 2012 Federal Register.  This notice is likely a response by CMS to numerous requests for guidance that clarifies how to resolve obligations regarding "future medicals" in liability settlements under the Medicare Secondary Payer(MSP) statute.

Since 2001, CMS has a recommended a formal, yet voluntary, Medicare set-aside (MSA) arrangement for workers' compensation settlements to satisfy obligations under the MSP statute.   According to a recent Government Accountability Office report, the MSA program saved the Medicare Trust Fund approximately $1.1B in 2011.

CMS is now soliciting public comment on whether and how Medicare should implement a similar process for liability insurance settlements.  In addition, CMS is requesting comment on some proposed definitions and outlined options.   Their goal is to "ensure that the process related to 'future medicals' is understandable, efficient, and reflects industry practice, while protecting Medicare beneficiaries and the Medicare Trust Funds."

Medicare is considering seven options for addressing "future medicals".  Options 1-4 would be available to Medicare beneficiaries and those who are not yet beneficiaries.  Options 5-7 would be available to beneficiaries only.

1.    The beneficiary pays for future medicals out of the settlement funds, until exhausted, with random CMS audits.

2.    Medicare would not pursue future medicals if certain conditions are met including relating to the amount of the settlement, the type of injury, the injured persons Medicare status, etc.

3.    The injured person provides an attestation regarding the Date of Care Completion from his/her treating physician.

4.    The individual/beneficiary submits a Liability MSA for CMS' review and approval.

5.    The beneficiary participates in one of the three new Medicare recovery options regarding a $300 threshold, a fixed payment option or $25,000 or less self-payment option.

6.    The beneficiary makes an upfront payment to Medicare.

7.    The beneficiary obtains a compromise or waiver of recovery and Medicare would have the discretion to not pursue future medicals.

CMS  is requesting comment on the feasibility of all of these options, as well as any additional options.  Comments must be received within 60 days. It is anticipated that the next step, after reviewing comments from this ANPRM, will be for CMS to publish proposed regulations, which will prompt another public comment before becoming final.  A flood of comments from a host of interested parties is expected.

For more information, please visit www.medivest.com!

"How Advertising - Not Just by Lawyers - And the Media Impact the Way Jurors See You & Your Client"

Please Join VCTLA for a Dinner Program on June 26, 2012 at the Courtyard Marriott in Oxnard, and earn 1 MCLE Credit.

Reception 6 pm and Dinner 6:30 pm.

Andrew Fraser brings his well received East Coast presentation on lawyer advertising to Ventura.

Honored as a 2012 "Top 100" New Jersey Trial Lawyer by the National Trial Lawyers Assoc., Andrew will educate and entertain as he shows what you have overlooked in the media, and how the public sees trial lawyers and their clients. Humorous yet revealing, this fast paced one hour program is a must see. Please join us. All are welcome.

Click here for the flyer. RSVP today!

2011 Trial Lawyer of the Year - May 22, 2012

Join us on May 22, 2012 as we recognize the 
2011 Ventura County Trial Lawyer of the Year.

Award Criteria:

• VCTLA Member

• Noteworthy 2011 Civil Trial Result

• An Advocate Who Demonstrates High Standards Of Ethics And Civility

• An Advocate Who Has Contributed To The Legal Community And
   To The Betterment Of The Civil Justice System

Reception 6 pm
Dinner 6:30 pm
Courtyard by Marriott - Oxnard
600 East Esplanade Drive, Oxnard, CA
805-988-3600

RSVP, today!

Nominate the 2011 Trial Lawyer of the Year!

2011 Ventura County Trial Lawyer of the Year Nomination Form Now Available!

Nominate a colleague for the VCTLA 2011 Trial Lawyer of the Year. 

The award will be presented at the VCTLA dinner meeting on May 22, 2012.

Award Criteria:

• VCTLA Member

• Noteworthy 2011 Civil Trial Result

• An Advocate Who Demonstrates High Standards Of Ethics And Civility

• An Advocate Who Has Contributed To The Legal Community And
   To The Betterment Of The Civil Justice System

Download the form today, and submit it to Allen Ball - President of VCTLA!

"Don't Let your MD Be a Witless Witness" April Dinner Program

Please join VCTLA on April 24, 2012 for a Dinner Program and learn about Medical Linguistics from Dr. Michael Roback - earn 1 MCLE Credit!

Hannah-Beth Jackson, Official Democratic Candidate for California State Senate District 19, will be in attendance at our April Dinner Program.

Reception 6 pm
Dinner 6:30 pm
Courtyard by Marriott - Oxnard
600 East Esplanade Drive, Oxnard, CA
805-988-3600

Download the flyer here, and RSVP, today!

Follow the Ventura County Trial Lawyers Association!

Visit the new Facebook page, today!

Judges' Night 2012

Ventura County Trial Lawyers Association presents Judges' Night 2012.

Continuing its longstanding tradition, VCTLA will honor the judges and other judicial officers of the Ventura County Court at Judges’ Night on March 27, 2012, at The Courtyard by Marriott in Oxnard.
VCTLA is delighted to take this annual opportunity to acknowledge the professionalism and hard work of the judges and other judicial officers who make Ventura County one of the best places to practice law.

As part of the celebration, VCTLA will honor Charles W. Campbell, Jr. as 2012 Ventura County Judge of the Year, and will honor Ken W. Riley with the unveiling of a formal portrait to be hung in Courtroom 22 of the Hall of Justice.

Join us at the Oxnard Marriott on Tuesday, March 27, 2012.
Reception: 6 pm
Dinner: 7 pm

Click here to download the flyer!

Join Ventura County Trial Lawyers Association!

Become a member of the Ventura County Trial Lawyers Association.

The Ventura County Trial Lawyers Association invites you (Attorneys and Non Attorneys) to become a member of VCTLA for the 2012 year.
Memberships are available for both Attorneys and Non Attorneys.

Dues of $75 entitle you to following benefits:

• Listing(s) in our new "Find a Lawyer" web page (Attorneys only)
• Discount at each of our dinner meetings, including our annual Judges' Night in March
• Updates on recent developments in the Ventura County court system, with the opportunity to express your opinion to judges and other court officials

Please join today by filling out the membership application below and return it, with a payment of $75, to the following address:

Gregory L. Johnson
VCTLA Treasurer
500 Esplanade Drive, Suite 600
Oxnard, California 93036

Download the membership application here.