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Los Angeles Lawyer November 2008 +HUPLSH3PJH[H)YPHU-VZ[LY(JJV\U[HU[Z Semiannual Guide to Expert Witnesses November 2008 /$4 EARN MCLE CREDIT Disclosure of Pending Suits page 25 Los Angeles lawyer Michael R. Sohigian discusses insurance coverage for unintended By damages of intentional acts page 20 Accident PLUS Completion Guaranties page 12 Reciprocal Easements page 18 Incorporating in Nevada page 32 0/&'*3. ."/:40-65*0/4 Foepstfe!Qspufdujpo Q -"8'*3.$-*&/54 Q"$$&445007&3130'&44*0/"- -*"#*-*5:1307*%&34 Q0/-*/&"11-*$"5*0/4'03 &"4:$0.1-&5*0/ &/%034&%130'&44*0/"--*"#*-*5:*/463"/$&#30,&3 Call 1-800-282-9786 today to speak to a specialist. 5 ' -*$&/4&$ 4"/%*&(003"/(&$06/5:-04"/(&-&44"/'3"/$*4$0 888")&3/*/463"/$&$0. FEATURES 20 By Accident BY MICHAEL R. SOHIGIAN In most cases, claims for damages that are the unintended consequences of an intentional act trigger an insurer’s duty to defend 25 Disclose or Dismiss BY CRAIG A. ROEB A debtor who conceals a pending civil action from a bankruptcy court may face dismissal of the claim Plus: Earn MCLE credit. MCLE Test No. 175 appears on page 27. 32 Silver Standard BY KEITH PAUL BISHOP In many situations, California law will prevail even if an entity is incorporated in Nevada 43 Special Section Semiannual Guide to Expert Witnesses DEPARTMENTS Los Angeles Lawyer 10 Barristers Tips 76 LACB Foundation 2007-2008 Fund Drive Results the magazine of Distinguishing between similar causes of action the Los Angeles County BY JONATHAN HOWELL 80 Closing Argument Bar Association An ACE for Los Angeles high school 12 Practice Tips students November 2008 The role of completion guaranties in BY JUSTICE ROGER BOREN Volume 31, No. 8 construction lending BY ROBERT E. WILLIAMS 78 Classifieds 18 Practice Tips 79 Index to Advertisers COVER PHOTO: TOM KELLER Applying reciprocal easement agreements to retail projects 81 CLE Preview 11.08BY GARY A. GLICK AND SCOTT L. GROSSFELD LosAngelesLawyer VISIT US ON THE INTERNET AT www.lacba.org/lalawyer E-MAIL CAN BE SENT TO [email protected] EDITORIAL BOARD Chair ANGELA J. DAVIS Articles Coordinator DAVID SCHNIDER JERROLD ABELES DANIEL L. ALEXANDER ETHEL W. BENNETT R. J. COMER CHAD C. COOMBS ELIZABETH L. CROOKE KERRY A. DOLAN GORDON ENG HELENE J. FARBER ERNESTINE FORREST SERVICES FOR BOTH SIMPLE AND COMPLICATED DISPUTE RESOLUTION STUART R. FRAENKEL MICHAEL A. GEIBELSON TED HANDEL JEFFREY A. HARTWICK REAL ESTATE ARBITRATION STEVEN HECHT LAWRENCE J. IMEL & MEDIATION MEREDITH KARASCH JOHN P. LECRONE tel 818.790.1851 fax 818.790.7671 THANAYI LINDSEY e-mail [email protected] KAREN LUONG web site www.mediationla.com PAUL MARKS ELIZABETH MUNISOGLU RICHARD H. NAKAMURA JR. DENNIS PEREZ David W. Dresnick, President • ARBITRATOR/MEDIATOR GARY RASKIN JACQUELINE M. REAL-SALAS CAROLIN SHINING HEATHER STERN GRETCHEN D. STOCKDALE TIMOTHY M. STUART KENNETH W. SWENSON CARMELA TAN BRUCE TEPPER R. JOSEPH TROJAN PATRIC VERRONE JEFFREY D. WOLF STAFF Publisher and Editor SAMUEL LIPSMAN Senior Editor LAUREN MILICOV Senior Editor ERIC HOWARD Art Director LES SECHLER Director of Design and Production PATRICE HUGHES Advertising Director LINDA LONERO BEKAS Sales and Marketing Coordinator AARON J. ESTRADA Advertising Coordinator WILMA TRACY NADEAU Administrative Coordinator MATTY JALLOW BABY LOS ANGELES LAWYER (ISSN 0162-2900) is published monthly, except for a combined issue in July/August and a special issue in the fall, by the Los Angeles County Bar Association, 261 S. Figueroa St., Suite 300, Los Angeles, CA 90012, (213) 896-6503. Periodicals postage paid at Los Angeles, CA and additional mail- ing offices. Annual subscription price of $14 included in the Association membership dues. Nonmember subscriptions: $28 annually; single copy price: $4 plus han- dling. Address changes must be submitted six weeks in advance of next issue date. POSTMASTER: ADDRESS SERVICE REQUESTED. Send address changes to Los Angeles Lawyer, P. O. Box 55020, Los Angeles CA 90055. Copyright © 2008 by the Los Angeles County Bar Association. All rights reserved. Reproduction in whole or in part without permission is prohibited. Printed by R. R. Donnelley, Liberty, MO. Member Business Publications Audit of Circulation (BPA). The opinions and positions stated in signed material are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. Letters to the editor are subject to editing. 4 Los Angeles Lawyer November 2008 +HUPLSH3PJH[H)YPHU-VZ[LY(JJV\U[HU[Z >L7H`([[LU[PVU·[V[OL.SVIHS-\[\YL :[VULÄLSK1VZLWOZVU·(JJV\U[HU[ZMVY@V\Y>VYSK >LYLJVNUPaL[OH[^LHYLWHY[VMH]PIYHU[NSVIHSWYVMLZZPVUHSJVTT\UP[`>OL[OLYSVJHS UH[PVUHSVYPU[LYUH[PVUHS^LLTWV^LYJSPLU[ZI`JYLH[PUNTLHUPUNM\SZ\Z[HPUHISLHUKZ\JJLZZM\S ^VYRPUNYLSH[PVUZOPWZ *HSSMVYHJVTWSPTLU[HY`TLL[PUN(SSV^\Z[VZOV^OV^V\YOPNOSL]LSVMX\HSP[`HUKZLY]PJL JHUHKKYLZZ`V\YULLKZ /RV$QJHOHV 2UDQJH&RXQW\ 6DQ)UDQFLVFR (DVW%D\ 6LOLFRQ9DOOH\ +RQJ.RQJ 6WRQH¿HOG-RVHSKVRQ,QF_3KRWRJUDSK\-RKQ/LY]H\ LOS ANGELES LAWYER IS THE OFFICIAL PUBLICATION OF THE LOS ANGELES COUNTY BAR ASSOCIATION 261 S. Figueroa St., Suite 300, Los Angeles, CA 90012-1881 Telephone 213.627.2727 / www.lacba.org ASSOCIATION OFFICERS President DANETTE E. MEYERS President-Elect DON MIKE ANTHONY Senior Vice President ALAN K. STEINBRECHER Vice President ERIC A. WEBBER Treasurer LINDA L. CURTIS Assistant Vice President PATRICIA EGAN DAEHNKE Assistant Vice President ANTHONY PAUL DIAZ Assistant Vice President MARGARET P. STEVENS Assistant Vice President JULIE K. XANDERS Immediate Past President GRETCHEN M. NELSON Executive Director STUART A. FORSYTH Associate Executive Director/Chief Financial Officer It’s More than Just a Referral BRUCE BERRA Associate Executive Director/General Counsel It’s Your Reputation W. CLARK BROWN BOARD OF TRUSTEES P. PATRICK ASHOURI Make the Right Choice SUE M. BENDAVID-ARBIV GEORGE F. BIRD JR. KIMBERLY H. CLANCY DUNCAN W. CRABTREE-IRELAND Personal Injury • Products Liability JEFFERY J. DAAR THOMAS J. DALY Medical Malpractice • Insurance Bad Faith TANJA L. DARROW BEATRIZ D. DIERINGER DANA M. DOUGLAS PAMELA E. DUNN Referral Fees per State Bar Rules CAMILLA M. ENG IRA M. FRIEDMAN ALEXANDER S. GAREEB www.cdrb-law.com JACQUELINE J. HARDING LAURIE R. HARROLD 310.277.4857 BRIAN D. HUBEN K. ANNE INOUE LAWRENCE H. JACOBSON HELEN B. KIM The More You Know About Us, RICHARD A. LEWIS ELAINE W. MANDEL The Better Choice You Will Make ELLEN A. PANSKY ANN I. PARK THOMAS H. PETERS LAURA S. SHIN DAVID W. SWIFT LUCY VARPETIAN NORMA J. WILLIAMS ROBIN L. YEAGER AFFILIATED BAR ASSOCIATIONS BEVERLY HILLS BAR ASSOCIATION BLACK WOMEN LAWYERS ASSOCIATION OF LOS ANGELES, INC. CENTURY CITY BAR ASSOCIATION CONSUMER ATTORNEYS ASSOCIATION OF LOS ANGELES CULVER-MARINA BAR ASSOCIATION EASTERN BAR ASSOCIATION GLENDALE BAR ASSOCIATION IRANIAN AMERICAN LAWYERS ASSOCIATION ITALIAN AMERICAN LAWYERS ASSOCIATION JAPANESE AMERICAN BAR ASSOCIATION OF GREATER LOS ANGELES JOHN M. LANGSTON BAR ASSOCIATION JUVENILE COURTS BAR ASSOCIATION KOREAN AMERICAN BAR ASSOCIATION OF SOUTHERN CALIFORNIA LAWYERS' CLUB OF LOS ANGELES COUNTY LESBIAN AND GAY LAWYERS ASSOCIATION OF LOS ANGELES LONG BEACH BAR ASSOCIATION MEXICAN AMERICAN BAR ASSOCIATION PASADENA BAR ASSOCIATION SAN FERNANDO VALLEY BAR ASSOCIATION 10100 Santa Monica Blvd., Suite 2460, Los Angeles, California 90067 SAN GABRIEL VALLEY BAR ASSOCIATION SANTA CLARITA BAR ASSOCIATION 310.277.4857 office ■ 310.277.5254 fax SANTA MONICA BAR ASSOCIATION SOUTH ASIAN BAR ASSOCIATION OF SOUTHERN CALIFORNIA www.cdrb-law.com SOUTH BAY BAR ASSOCIATION OF LOS ANGELES COUNTY, INC. SOUTHEAST DISTRICT BAR ASSOCIATION SOUTHERN CALIFORNIA CHINESE LAWYERS ASSOCIATION WHITTIER BAR ASSOCIATION WOMEN LAWYERS ASSOCIATION OF LOS ANGELES 6 Los Angeles Lawyer November 2008 HONORABLE LAWRENCE W. CRISPO (RETIRED) n the fictional work Historias de cronopios y de famas, the Argentine writer Julio Cortázar (1914-1984) envisions I a parallel universe inhabited by “cronopios”—fuzzy green creatures who are idealistic, creative, and optimistic—and “famas”—other fuzzies who are methodical and well organized but rigid and unimaginative. Upon encountering a new city, for example, a fama will immediately survey its hospitals and hotels for all indicia of conventional sophisti- cation. A cronopio will find the trains already departed, the hotels fully booked, and the taxi drivers indifferent. The cronopio, however, will spend the night dreaming of the beautiful city he has just discovered, confident that its inconveniences are sim- ply day-to-day realities everyone must endure. As we go to press, I along with a few thousand other lawyers have just returned from the State Bar Annual Meeting in Monterey, an event that more than once has Mediator Arbitrator made me think of Cortázar’s imaginary realm. Only a fama would arrive at one of the most stunning jewels of the California coast to spend the days in windowless con- ference rooms tethered to a Blackberry and the hope for a sprinkling of “rain” (i.e., client development). Only a cronopio would barely notice the countless hours Referee passed indoors, would keep repeating how gorgeous the weather was, and would 213-926-6665 take inspiration from the humanitarians and scholars who speak for just an hour. www.judgecrispo.com From a distance, the State Bar Annual Meeting looks just as irrelevant to our prac- tices as Cortázar’s fictions. But a closer look at the bar’s recent history reveals the error of this assumption. Thirty years ago, this publication featured a tongue-in-cheek article titled “The Unmaking of a Bar Governor.” Authored by an individual who lost his race for the State Bar Board of Governors, the article advises those aspiring Engineering the to a similar fate to keep “outside the establishment” and be “a minority of any kind.” The essay further explains that no woman had yet been elected, only one African Resolution of American had served, and the “perks” of election included events at the Bohemian the World’s Most and California Clubs.
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