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EBCA 2009 Officer Elections, then Attorney
Gundert on Use of Experts at November 14 EBCA

Livermore Valley Winery tour follows
By Bryan Harrison, Association News Network, Inc.

Click on each photo in gallery for larger version.
Luncheon Meeting photo slideshow | Winery Tour photo slideshow

Lisa Schwichtenberg, Kim Tamayo and Patricia de Rouen
Lisa Schwichtenberg, Kim Tamayo and Patricia de Rouen welcomed folks to the November luncheon meeting.
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EBCA 2008 President Kelly Sullivan and newly elected 2009 Pres Ray Depa
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2008 President Kelly Sullivan thanked her board, including VP Chris Capels, AIG, and Treasurer Kim Tamayo, RMC.
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Guest speaker,attorney Bob Gundert, with Borton Petrini, discussed effective use of experts in claims resolution.
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The November EBCA crowd took over the Oasis Grill in Pleasanton.
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EBCA 2008 President Kelly Sullivan.
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Newly elected 2009 EBCA President Ray Depa. Mercy Arapas looks on.
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EBCA President Kelly Sullivan thanks guest speaker Bob Gundert.

IMG_5007.JPGEBCA 2008 VP Chris Capels salutes Kelly Sullivan and the crowd as she acknowledges him for a fine job.

IMG_5011.JPGEBCA 2008 President Kelly Sullivan conducted the election of 2009 officers.

IMG_5013.JPGEBCA member and President of the CCCA Denise Garcia, with Marriott Execustay.

IMG_5018.JPGDarryl Payne, of Lambco Electric looks Brian Saari's way as Frances Hewitt of Alegra Print listens to Rebecca Geller (obscured).

IMG_5026.JPGCongrats to 50/50 Raffle winner, David Myers, of Har-Bro General Contractors

IMG_5027.JPGGuest speaker Bob Gundert watches the door prize drawing while conversing with John Vigallon, of Kellco Macs.

IMG_5028.JPGAlicia Arias, of Restoration Management Company.

IMG_5029.JPGEBCA Board Member Tom Mciver, of CRDN, ran the door prize drawings.

Depa to Lead East Bay Claims for 2009
by Bryan Harrison
AssociationNewsNetwork.com

In the normal progression of things, succession to the office of Presidency for the East Bay Claims Association would go to the current Vice President. However, due to outside obligations, 2008 VP Chris Capels, of AIG, was unable to take on that role in the coming year.

Chris has played a valuable role as vice president this year, introducing guest speakers in his professional yet often playful style, as well as running at least one of the monthly luncheon meetings when President Kelly Sullivan was unable to be there. It is the ongoing hope of the association members that Chris will be able to continue playing some part in EBCA.

In the wake of all that, dedicated board member, Ray Depa, has been asked, and agreed, to step-up to the Presidency for 2009. The issue was brought to the general membership at the November 14, 2008 luncheon meeting, which voted in the affirmative unanimously.

Complete 2009 Officer elections were, in fact, held. Results are as follows: Ray Depa, President, of Crawford & Company; Steven Muir, Vice President, with AAA; with JoAnn Dean, of PrimoClean, taking on the postion of Secretary, and current Treasurer Kim Tamayo, of Restoration Management Company, retaining her position.

Following elections, guest speaker Bob Gundert, of Borton Petrini, LLP discussed the use of experts in the claims settlement process.

Mr. Gundert is the Managing Partner of the San Franicsco office of Borton Petrini. He began by stating, "I really enjoy working with experts," in opening his presentation. He then went on to share some of his vast experience with the subject of the day. Over the past twenty-five years, he has successfully handled hundreds of litigation matters, many of which involved the use of expert witnesses.

"With eye witnesses you're stuck with what and who you get," he explained. "With the use of experts, you can get somebody specifically helpful to your case."

He explained the legal definition of an "expert" as having "special knowledge, skill, education or training," in the given field. "It doesn't need to be a Ph.D.," he said.

His presentation covered locating experts, investigating your own potential expert to find how they've testified in the past, and for whom. You don't want to be embarrassed by something the other side may be able to discover that you didn't know. "You never want to put an expert on the stand and have them go down in flames," he stated.

To illustrate the power of an affective expert witness, he played a key courtroom segment from the film "My Cousin Vinnie", that was both entertaining and poinient to his message.

He closed by urging everyone, attorneys and claims people alike, to retain experts early enough to help your case. Bringing experts in early in the process not only allows them to get up to speed without a last minute cram-course, but also allows you to make sure they are the right expert for the case. "They (the right experts) can overcome (faulty) eye witness testimony through scientific evidence or other perspectives," he said.

Following Mr. Gundert's presentation, the monthly 50/50 Raffle was conducted, won by David Myers of Har-Bro General Contractors. Before closing out the meeting, door prizes were then given away.

Meanwhile, a chartered limo bus waited outside to take a whole cast of characters on an afternoon Livermore Valley Winery Tour that lasted well into the evening. We offer a photo slide show of some of the highlights.

Make your plans now for the final EBCA event of 2008, the Holiday "Roaring 20s" Casino Night Dinner Dance Gala. The event will be held at Zio Fraedo's Restaurant: 601 Gregory Lane in Pleasant Hill Friday, December 5, 2008. EBCA is very pleased to have online payment for this, and now all events, available. Click for more info and to pay by credit card to attend this event.

The Hoilday party is also a benefit for the Bay Area Crisis Nursery. All members are asked to bring something appropriate to contribute to the EBCA donation. EBCA will also use funds raised at this year's golf touranment to contribute a larger amount to the Nursery. Click here for more on that. You may also download the Bay Area Crisis Nursery "Wish List" here.

IMG_5030.JPGKelly Sullivan presents Tim Kirk, of CSC Engineering with a door prize as Bob Tucknott, of Tucknott Electric, looks on.

IMG_5038.JPGFrances Hewitt, of Alegra Print, and Rebecca Geller, of Har-Bro General Contractors.

IMG_5040.JPGTricia Mutollo, of PT&C, smiles for us. Kim MacFarlane, of PW Stephens is otherwise engaged in conversation.

IMG_5041.JPGEBCA 2008 Board Member Claudia Gerlach, and associate at AIG, CIndy Sanders.

IMG_5043.JPGEBCA Secretary Justine Bone, of Data Safe, Inc.; Treasurer Kim Tamayo, of RMC; and member Lisa Schwichtenberg, of Belfor.

IMG_5046.JPGElsa Kennedy, of ServiceMaster Restoration, and Jenna Testa, of ServiceMaster Livermore.

IMG_5048.JPGCentral Coast Claims President Denise Garcia, above right, brought a wealth of toys and gifts as the CCCA's major contribution to the EBCA's Holiday Charity Drive for the Bay Area Crisis Nursery (see the wish list). Lisa Winn, of Vanderbuilt Construction, and
Ray Depa, of Crawford & Company, are also active in the CCCA.

link to Winery Tour photo slideshowWinery Tour Photo Slideshow

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