EXECUTIVE DIRECTOR’S MESSAGE
It is hard to believe, but Summer is almost here and we will be having our last MCLE program next week, before our Summer MCLE break. The year has been passing quickly but our Board has been getting things done and there is more to come.
Work is progressing on the printed membership directory, which had been held up by the large number of new members who have joined the Association as a result of the successful membership drive which was held in the Spring. If everything goes well, the new directory should be in print by the time we have our next MCLE meeting in September.
In the meantime, our entire membership directory is availa- ble on our website at http://culvermarinabar.org/roster2.php, so if you need to locate a legal specialist outside of your practice are- as, you can do so by checking that on-line directory.
Also, all Members should check the on-line directory to make sure that the information in the directory about them is current and correct, since that directory will be used to prepare the printed di- rectory. If you find that any changes or corrections need to be made, please notify Cynthia at Hali Ziff’s office by calling her at 310-342-2818 or emailing her at firstname.lastname@example.org.
Board Member Mark Tseselsky and President Leslie Baker have been working on a Summer social event which has been scheduled for July 16, 2013. As soon as the details have been worked out, an Evite and an announcement will be emailed to all Members. Keep that date open.
-Michael Fate Executive Director
Leslie M. Baker
President - Elect
David M. Shaby II
Michael Burstein Monica Castagnasso Michael Fate
Tuesday, June 18, 2013, at: 6:00 p.m.
Truxton’s American Cafe, 8611 Truxton Ave.,
Los Angeles, CA. 90045 310-417-8789
To RSVP, call Karena at 310-827-7171
June, 2013 Newsletter
Congratulations to Hali Ziff on the graduation of her eldest from UC Santa Bar- bara this month. Also, congratulations to Michael and Francia Fate on the birth of their Grandson, Porter Tesla Fate
JUNE, 2013 MEETING
WHO: Mark A. Ozzello, Esq.
WHAT: Consumer Legal Remedies Act – An Overview WHEN: Tuesday, June 18, 2013, at 6:00 pm
WHERE: Truxton’s American Cafe, 8611 Truxton Avenue, Los
Angeles, CA 90045 (In Westchester, off Manchester Avenue) HOW: much does it cost? $40 members / $50 nonmembers
WHY: Good food, good conversation and MCLE credit
SIGNIFICANT CHANGES TO THE LAW CONCERNING CONSTRUCTION-RELATED DISABILITY ACCESS CLAIMS
Many of our Members have had clients who have been threatened or sued for disability access claims which were being asserted by disabled persons who made a living as full time plaintiffs by litigating with numerous businesses for such violations.
In an effort to address what appeared to be abuses of the system, Senate Bill No. 1186, authored by Senate President Pro Tem Darrell Steinberg (D-Sacramento) and Senator Bob Dutton (R-Rancho Cucamonga), made significant changes to the law, some of which impose State Bar disciplinary consequences on lawyers. The bill con- tains an urgency clause, which means it was effective immediately upon enactment Sept. 19, 2012, but some of its provisions didn’t go into effect until Jan. 1. The bill in- cludes the following provisions, all of which govern construction-related disability ac- cess claims:
A general prohibition against sending a demand letter that includes a request or demand for money or an offer or agreement to accept money, effective immediately A revision to the existing mandatory written advisory that must be provided with
a demand letter or complaint, effective immediately
A requirement that a lawyer send a copy of a demand letter to the State Bar and
the California Commission on Disability Access, effective Jan. 1.
A requirement that a demand letter sent by a lawyer include the lawyer’s State
Bar license number, effective Jan. 1.
A requirement that a lawyer send a copy of a complaint to the California Com-
mission on Disability Access, effective Jan. 1.
A requirement that demand letters and complaints contain plain language suffi-
cient for a recipient business or property owner to determine the basis of alleged vio- lations, including: specific identification of each access barrier encountered; the date of the incident; and a description of how each barrier interfered with full and equal access, effective Jan. 1.
A requirement that a complaint be verified by the plaintiff, effective Jan. 1. A complaint filed without verification is subject to a motion to strike
A reduction of statutory damages if specified conditions apply, effective immedi- ately
The establishment of procedures for a mandatory evaluation conference, effec- tive as to claims filed on or after Jan. 1.
CALIFORNIA COURT BUDGET CUTS -- WRITE YOUR LEGISLATORS
CMBA is joining with the Open Courts Coalition, the Los Angeles County Bar Association, the California State Bar and numerous other legal and business organiza- tions and individuals to express concerns about the draconian budget cuts that have crippled California’s Court system.
An email with a proposed letter to state legislators that was sent by LACBA to its members is being attached to this newsletter. All CMBA Members are encouraged to also express their dissatisfaction with these cuts to their state legislators and to Gover- nor Brown.
June 18, 2013 June 21, 2013
July 16, 2013
Editor: Michael Fate
Continued . . .
CALENDAR AT A GLANCE
MCLE Dinner – Mark A. Ozzello, Esq., with a review of the Consumer Legal Remedies Act - Truxton’s at 6:00 pm
Summer Solstice – Grab an ice cream cone or a margarita when it gets hot and remember that we have no MCLE meetings in July or August
Summer Event – Save the date – further details to be an- nounced soon
California Court Budget Cuts