via scsc electronic service - scscourt.org€¦ · 10/6/2016 · trial project management mgmt. of...

P:\DOCS\Western Nat.Cilker\Letter\Outgoing\Counsel20160610[Joint Trial Tech].docx

1851 EAST FIRST STREET, 10

TH FLOOR, SANTA ANA, CALIFORNIA 92705-4052

p. 714.918.7000 fx. 714.918.6996 www.greenhall.com [email protected]

Samuel M. Danskin, Partner [email protected]

NORTHERN CALIFORNIA SOUTHERN CALIFORNIA

June 10, 2016

VIA SCSC ELECTRONIC SERVICE ALL COUNSEL

Re: Cilker Apartments, LLC v. Western National Construction, et al. Our File No.: 2120.188

Dear Counsel:

As you know, it was suggested by Geoff Wood and others that we consider jointly retaining a technician to assist us with the handling and display of exhibits and other media during trial. In response to that suggestion, I solicited proposals from several companies with experience in this arena. I have attached the proposals I received from Aiken Welch, Michael Skrzypek (who previously handled a trial with and was referred by Jill Lifter) and Peder Rudling (who was referred by Joyia Greenfield). These are not exactly “apples to apples” proposals, but they provide enough of the basic information we need to evaluate the range of costs associated with having a full-time trial technician.

I would ask that everyone weigh in with their thoughts, or any alternate proposals, as soon as possible. One basic question is which parties would be interested in sharing the cost of these services. Perhaps we can schedule a conference call to discuss this next week.

Sincerely,

Samuel M. Danskin

SMD:se Enclosures

Aiken Welch Court Reporters – Sacramento, San Francisco, Oakland, San Jose, Los Angeles, Santa Ana www.aikenwelch.com – 877.451.1580

AIKEN WELCH TRIAL PRESENTATION

TRIAL PRESENTATION

SERVICES PROPOSAL

Cilker Apartments, LLC

vs.

Western National, et al.

By: Kelly M. Roemer, CSR, Partner – Aiken Welch Court Reporters

1 Kaiser Plaza, Ste. 250

Oakland, CA 94612

510.451.1580

www.aikenwelch.com

http://www.aikenwelch.com/



June 6, 2016

Mr. Sam Danskin, Esq.

Green & Hall

1851 E. First St., 10th Floor

Santa Ana, CA 92705

Joyia Greenfield, Esq.

Lorber, Greenfield & Polito

13985 Stowe Drive

Poway, CA 92064

Re: Aiken Welch Trial Presentation Services

Dear Mr. Danskin & Ms. Greenfield:

Thank you very much for the opportunity and consideration for utilizing our Trial Presentation Services for your

upcoming Cilker Apartments vs. Western National case. I did speak with Mr. Zimmerman to confirm that both

sides would be utilizing one vendor for trial presentation services and confirmed the shared billing.

Our trial team is available to help with trial preparation and trial presentation. See below for rates and services for

both.

It would be our hope to view the courtroom well in advance to develop the most strategic placement for trial

courtroom equipment for optimal viewing by the judge, jury and counsel. There are several equipment options

available. See below for your preferences.

We look forward to hearing back from you!

Best regards,

Kelly Roemer

Kelly Roemer, CSR, Partner

Aiken Welch, Inc. Court Reporters

1 Kaiser Plaza, Ste. 250

Oakland, CA 94612

510.451.1580

[email protected]

Direct: 510.457.9892


mailto:[email protected]



CILKER APARTMENTS, LLC VS. WESTERN NATIONAL, ET AL.

Trial Presentation Rates and Services

Travel Time $75 hourly

Equipment Set-Up and Retrieval; Trial Exhibit Preparation/PowerPoint Preparation; In-Trial Technician Support

$125 hourly

Trial Binders hard copy .15 b&w/.30 color

Courtroom Equipment

Projection/Display

Dual-Core presentation laptop with Trial Director, Microsoft Office and other ancillary software

$200 wk/$600 monthly

55” Samsung LED monitor with dual-post stand


19” – 24” viewing monitor $30 wk/$50 monthly

Projector – 4000+ lumens with Portable Projection Screen


Elmo Visual Presenter/Wolfvision Light Digital Presenter


Audio System – High-power speakers $95 weekly/$350 monthly

Signal Routing

VGA Video Distribution Amp (4, 6, 8 ports with sound; VGA Video Switcher (4 port)

$100 weekly/$350 monthly

Audio, Cables, Connections, tables, power cords, power strips, etc.

$100 monthly

Wifi Color Printer/ADF scanner $100 weekly/$300 montly




TRIAL PRESENTATION EQUIPMENT GLOSSARY

The Dual-Post Monitor Stand - used for mounting large monitors for jury viewing

Dell Precision 2800 with Trial Director and Microsoft Office software – used for creating

Trial Director trial presentation

Dell 19” – 24” viewing monitors – used for display of exhibits or videos transferred from large

screen for ease of viewing by judge, jury and counsel.

Epson Duet Ultra Portable Projector Screen – used to display image from projector.




Vivitek D5110W 5000 Lumen LCD projector – used to display image from computer to large

monitor or projection screen.

Elmo Visual Presenter – used to project regular paper, objects or transparencies. Superior

brightness.

Bose Companion 5 Multi-Media Speaker System – used for optimal sound quality when

playing videos.

4-Port VGA Audio/Video Switch - 4 CPU to 1 Display – required when using multiple monitors or

screens

Brother - MFC-9340CDW Wireless Color All In One Printer


Litigation Support Proposal - Trial Support Services

In the Matter of:

Submitted By:Peder Rudling PresidentPeder Rudling Legal Services, Inc.6025 Broken Arrow StreetSimi Valley, CA 93063

Submitted to:Samuel M. Danskin PartnerGreen & Hall, APC1851 E. First Street, 10th FloorSanta Ana, CA 92705

Table of Contents

I. IntroductionII. Scope of Project / AssumptionsIII. Project Pricing Schedules (A, B, and Summary)

A. Pre-Trial ServicesB. Trial Presentation ServicesC. Trial Equipment Rental - Packages and Itemized

IV. Litigation Services AgreementV. Terms and ConditionsVI. Contact Information

I. Introduction

II. Scope of Project / Assumptions

Trial Date and Duration●●●

Pre-Trial Services●

Trial Presentation Services●

●

Trial Equipment Rental●

The trial is before Hon. Peter Kirwan.

Cilker Apartments vs. Western National et al

Peder Rudling Legal Services, Inc. (PRLS) is pleased to submit this Service Proposal to Green & Hall, APC (the Client) in connection with the Cilker Apartments vs. Western National et al trial.

This Proposal outlines the Trial Support Services PRLS will provide, as well as the scope of the project based on the project assumptions listed below. This is an estimate of the project cost based upon the Client’s specific project assumptions.

Trial is scheduled to start on July 11, 2016 at Santa Clara Superior Court, Department 1The trial is estimated to last 10 weeks.

Client may require demonstrative graphics to be used in trial, such as opening and closing PowerPoint or a timeline. Such graphics, if requested, will be in addition to the scope defined in this estimate.

Clients will require some preparation work to be performed outside of trial. Estimated at 1 hour on trial days. On days when court is dark, an estimated 8 hours of trial prep. Actual time will vary according to work performed at the request of the client.

Courtroom provides presentation equipment.

Clients will require trial presentation services, estimated at 7 hours on trial days. Actual time will vary according to work performed at the request of the client.

III. Project Pricing - Pre-Trial Services Schedule A

500 Still Frames and Blowup Boards UNITS RATE CHARGE501 Graphic Production (if applicable) 0 125 0502 Board Production (if applicable) 0 300 0

Sub-Total Still Frames and Blowups -$

Labor UNITS RATE CHARGETrial Consultation 1 125 125Trial Project Management Mgmt. of trial prep and client communications. 4 125 500Trial Courtroom Scout To assess equipment needs and layout plan. 125 0Trial Image/Video Prep Import docs into database, depo clip creation, etc. 40 125 5000Sub-total Labor 5,500.00$

ESTIMATED PRE-TRIAL SERVICES TOTAL before tax 5,500.00$

III. Project Pricing - Trial Presentation Services Schedule B

Presentation Labor UNITS RATE CHARGETrial Technician/Operator trial tech in courtroom 280 125 35000Trial Image/Video Prep after hours war room prep for next day of trial 48 125 6000Sub-total Presentation Labor 41,000.00$

ESTIMATED TRIAL PRESENTATION SERVICES TOTAL before tax 41,000.00$

III. Project Pricing - Trial Equipment Rental Schedule C

Equipment Installation/Removal Units Rate ChargeEQUIP. Delivery/Setup (delivery to San Jose, 300+ miles from Los Angeles) 8 125 1000EQUIP. Removal 4 125 500Wait time (if applicable) 0 125 0Sub-Total Equip. Installation/Removal 1,500.00$

Image Distribution Hardware Rental Units RateWeeklyCharge Weeks

Total Charge

1003 Premium Projector Package 1 1800 1800 10 18000

Sub-Total Image Distribution Hardware 18,000.00$

19,500.00$

III. Project Pricing Estimate SummaryPre-Trial Services TotalTrial Presentation Services TotalEquipment RentalEstimated Project Total

25% Retainer

This rate applicable to trial presentation database preparation of documents as well as deposition video clips. Tech can create approximately 25-40 video clips per hour.

There is a minimum four-hour stand-by charge for each day that the technician is requested to be available. This includes weekends and dark days.

A one day charge will be applied to all booked rentals postponed less than one business day prior to event installation.A two day charge will be applied to all booked rentals canceled due to settlement within two business days of event installation.

There is a minimum eight-hour charge for each day that the technician is in trial. After-hours "war room" trial prep hours are applied towards this minimum. (Example 1: 6.5 hours actual court time, plus 1.5 hours war room work = 8 hours charged. Example 2: 6.5 hours actual court time, plus 0 hours war room work = 8 hours charged. Example 3: 6.5 hours actual court time, plus 6 hours war room work = 12.5 hours charged.)

Includes projector, screen, ELMO document camera, anchor speaker, 6x 15" flat screen monitors, 6:1 switcher, 1:8 VGA distribution amplifier, 1:2 VGA splitter, appropriate cabling. VGA Switcher is used to switch between two or more laptops and ELMO and distribute display signal to all monitors and projector. Extra: Also includes 1x MFP LaserJet printer/scanner/copier.

ESTIMATED EQUIPMENT RENTAL TOTAL before tax

5,500.00$ 41,000.00$ 19,500.00$ 66,000.00$

17,000.00$

IV. Litigation Services Agreement

Customer Information:

Signatures:

Provider Customer:

By: By:(Signature) (Signature)

(Printed Name) (Printed Name)

Its: Its:(Title) (Title)

Dated: Dated:(Date) (Date)

V. Terms and Conditions

1 Services.

Schedule B: Services and Pricing

This Litigation Services Agreement (the “Agreement”) is by and between Peder Rudling Legal Services, Inc., a California Corposation located at 6025 Broken Arrow Street, Simi Valley, CA 93063 and the customer identified below the schedules indicated with a check mark below, or which may be subsequently executed by the parties from time to time, (the “Customer”), and includes which are incorporated herein by reference:

Schedule A: Terms and Conditions

Peder Rudling Legal Services, Inc. Green & Hall, APC

The terms and conditions of this Agreement, including the pricing, will not be valid unless signed by Customers on or before the Validity Date noted below, and will be effective on the Validity Date, or if none is specified therein, on the date of Peder Rudling Legal Services, Inc.' signature.

Customer Name: Green & Hall, APCAddress: 1851 E. First Street, 10th Floor, Santa Ana, CA 92705

Contact Person/Email: Samuel M. Danskin/[email protected]/Fax Number: (714) 918-7000/(714) 918-0996

Validity Date: June 6, 2016

For good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree to be bound by the terms and conditions contained herein as of the Effective Date.

Peder Rudling Samuel M Danskin

President Partner

Peder Rudling Legal Services, Inc. (PRLS) will provide those services set forth in the applicable attached Schedule(s) (the “Services”) in accordance with the terms and specifications stated therein. These Terms and Conditions shall govern all Services provided by PRLS; however, in the event of a conflict between the terms of any Schedule and the Agreement, the terms of the applicable Schedule shall control.

2 Pricing; Payment Terms; Taxes.

3 Term and Termination.

4 Customer Representations.

5 Peder Rudling Legal Services, Inc. Representations.

6 Confidentiality.

Customer represents and warrants to PRLS that it has obtained, and throughout the Term will obtain, all permissions necessary to copy or otherwise reproduce documents provided to PRLS in connection with the Services under any applicable Schedule.

(a) Fees. Customer shall pay to PRLS the fees (the “Fees”) set forth in the applicable Schedule, or, if not specified therein, as agreed upon from time to time. At any time after the one-year anniversary of the Effective Date, PRLS may change the Fees, provided PRLS has given Customer at least thirty (30) days’ notice of its intent to do so.

(c) Change Orders. In the event that the scope of the Services changes from that set forth in the applicable Schedule, the parties shall mutually agree, in the form of a written amendment to this Agreement, or to the applicable Schedule, upon revised services, deadlines, fees, or other matters. (d) Payment. Customer agrees to pay all fees owing under this Agreement and applicable Schedules within thirty (30) days of receipt of an invoice from PRLS. Any past due amounts will be subject to a late fee equal to 1½% per month.(e) Taxes. In the event that any of the Services are subject to sales, use, property or similar taxes (“Taxes”), Customer shall be responsible to pay all such Taxes.

(a) Term. The term of this Agreement (“Term”) begins on the Effective Date. Unless otherwise terminated, the Agreement will continue until the later of the one-year anniversary of the Effective Date or, as it relates to specific Services, the date specified in the applicable Schedule for such Services. This Agreement will thereafter automatically renew for successive one-year terms unless either party notifies the other of an intent not to renew within sixty (60) days’ of the end of the then current term.(b) Termination for Convenience. This Agreement may be terminated by either party, for convenience, by the giving of at least ninety (90) days’ written notice. (c) Termination for Cause. Either party may terminate this Agreement at any time upon written notice if (i) the other party is in material breach of the terms of this Agreement (Customer’s failure to pay any fees owing when due is considered a material breach regardless of the amount of such non-payment), provided that the non-breaching party gives the breaching party thirty (30) days’ written notice of the breach, and the breaching party fails to cure the breach within such thirty (30) day period. Any notice of termination shall specifically state the reason for the termination and the effective date of the termination.(d) Rights on Termination. Upon termination of this Agreement for any reason, all Fees for Services performed prior to termination are due and owing in full.

(b) Expenses. Client shall pay PRLS for expenses incurred in connection with this Agreement as follows: (a) incidental and out-of-pocket expenses including but not limited to costs for telephone calls, postage, shipping, overnight courier, service bureaus, typesetting, blueprints, models, presentation materials, photocopies, computer expenses, parking fees and tolls, and taxis at cost plus PRLS standard markup of FIFTEEN percent (15%), and, if applicable, a mileage reimbursement at 55 CENTS per mile; and (b) travel expenses including transportation, meals, and lodging, incurred by PRLS with Client’s prior approval.

PRLS represents and warrants to the Customer that it will provide the Services in accordance with the specifications set forth in the applicable Schedule(s) and otherwise in a good and workmanlike manner. Except as expressly set forth in this Agreement, PRLS makes no representation or warranty with respect to the Services or the PRLS Material provided hereunder and expressly disclaims all warranties with regard to the Services and the PRLS Material, including, but not limited to, all warranties, express or implied, of non-infringement, merchantability, satisfactory quality and fitness for any particular purpose.

(a) “Confidential Information” means proprietary information now or hereafter owned by or otherwise within the possession of a party, including, but not limited to, patented and unpatented inventions, copyright, business and trade secrets, marketing plans, programs (including source code), data, listings, flowcharts, manuals, instructions, notes and other documentation, customer and shareholder information, and other information related to the business of that party. Notwithstanding the forgoing, the term Confidential Information does not include: (i) information that was in the receiving party’s possession or was known to it prior to its receipt from the disclosing party as evidenced in writing in the receiving party’s files; (ii) information that is or becomes public knowledge without the fault of the receiving party; (iii) information that is or becomes rightfully available on an unrestricted basis to the receiving party from a source other than the disclosing party; or (iv) information that becomes available on an unrestricted basis to a third party from the disclosing party or from someone acting under its control.

7 Limitation of Liability.

8 General.

(b) Each party acknowledges that the other party owns or otherwise possesses valuable Confidential Information. Neither party will at any time without the prior written consent of the other party publish, disclose or otherwise disseminate, duplicate or use, directly or indirectly, Confidential Information of the other party to or for its own benefit or that of any of its employees or subcontractors or any other third party. Upon termination of this Agreement, all copies of any Confidential Information of one party then in the possession of the other party shall, at the direction of such party, be destroyed or returned to the other party. Notwithstanding the provisions of this Section 6(b), neither party shall be obligated to erase Information contained in an archived computer system backup made in accordance with such party’s security and/or disaster recovery procedures, provided that such archived copy will (i) eventually be erased or destroyed in the ordinary course of such party’s data processing procedures; and (ii) shall remain fully subject to the obligations of confidentiality stated herein, until the earlier of the erasure or destruction of such copy, or the expiration of the confidentiality obligations set out in this Agreement.(c) In the event that a party is requested or compelled by court order, decree or subpoena, or other process or requirement of law to disclose Confidential Information, the party shall provide the other party with reasonably prompt notice of any such disclosure requirement (unless such notice is prohibited by law) so that the party may, at its option and expense, seek a protective order or other appropriate remedy.

(d) To the extent PRLS is providing any Internet based or repository services, Customer acknowledges that the Internet is an open system and that PRLS cannot guarantee that third parties will not unlawfully access PRLS' proprietary websites or databases and obtain the Customer’s Content. Customer acknowledges and agrees that PRLS will not be liable from any breach of this Agreement, including this Section 6, to the extent that a third party gains access to PRLS' proprietary websites or databases through no fault of PRLS so long as PRLS is otherwise complying with its obligations hereunder.(e) Data Privacy. To the extent that the Customer is subject to Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq., the parties agree that the terms and conditions of Section A of Exhibit I (Data Privacy) apply to this Agreement and are incorporated herein by reference. (f) European Union Privacy Laws. To the extent that the Content contains any personal data subject to European Union privacy laws, the parties agree that the terms and conditions of Section B of Exhibit I (Data Privacy) apply to this Agreement and are incorporated herein by reference.(g) Canadian Privacy Laws. To the extent that the Content contains any personal data subject to Canadian privacy laws, the parties agree that the terms and conditions of Section C of Exhibit I (Data Privacy) apply to this Agreement and are incorporated herein by reference.(h) HIPAA Privacy Laws. To the extent that the Content contains any personal data subject to the Health Insurance Portability and Accountability Act of 1996, the parties agree that the terms and conditions of Section D of Exhibit I (Data Privacy) apply to this Agreement and are incorporated herein by reference.

Neither PRLS its affiliates nor its suppliers, nor their respective officers, directors and employees will under any circumstances be liable under any theory of recovery, whether based in contract, in tort (including negligence and strict liability), under warranty, or otherwise, for any punitive, indirect, special, incidental, or consequential loss or damage whatsoever; damage to or loss of property or equipment; loss of profits or revenue; loss of Customer’s data; loss of use of Customer’s material, equipment or systems; increased costs of any kind, including but not limited to capital cost, or claims of clients and customers of Customer. Customer expressly agrees that the remedies provided herein are exclusive and that under no circumstances shall the total aggregate liability of PRLS under any theory of recovery, whether based in contract, in tort (including negligence and strict liability), under warranty, or otherwise, exceed the total price paid (or payable) to PRLS under the applicable Schedule for the twelve (12) month period immediately preceding the event giving rise to the liability.

(a) Governing Law and Dispute Resolution. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of CALIFORNIA without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of CALIFORNIA. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process by mail. Client acknowledges that PRLS will have no adequate remedy at law in the event Client uses the deliverables in any way not permitted hereunder, and hereby agrees that PRLS shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.

VI. Peder Rudling Legal Services, Inc. Team

Trial Presentation Specialists

Peder RudlingTrial Tech / Proj Mgr / Gfx Spec(818) 224-9310 [email protected] Los Angeles, CA

(b) Assignment. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. It is agreed and understood that without obtaining prior written consent (i) PRLS may assign its rights, interests and obligations in this Agreement or any Schedule pertaining thereto to any parent, subsidiary or affiliate of PRLS, or to a successor of substantially all of PRLS' assets or stock, and (ii) Customer may assign its rights, interests and obligations in this Agreement to any parent, subsidiary or affiliate of Customer.

(i) Construction. The parties agree that each has participated equally in the formation of this Agreement and that the language, terms and conditions of this Agreement shall not be presumptively construed against either party.

(j) No Rights of Third Parties. This Agreement does not create any right enforceable by any person who is not a party, except that the terms of this Agreement may be enforced by any affiliate of PRLS.

(k) Attorneys’ Fees. In the event that either party to this Agreement institutes any action or proceeding to enforce this Agreement or any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or proceeding shall be entitled to recover from the other party all costs and expenses, including reasonable attorneys’ fees and court costs, incurred by the prevailing party in connection with such action or proceeding.

(c) Provisions Surviving Termination. The provisions of Sections 2 (Pricing, Payment Terms; Taxes); 3 (Term and Termination); 4 (Customer Representations); 5 PRLS Representations); 6 (Confidentiality); 7 (Limitation of Liability); 8 (Non-Solicitation); and 9 (General) hereof shall survive the expiration or earlier termination of this Master Agreement. (d) Notices. Wherever provision is made in this Agreement for the giving, service or delivery of any notice, statement or other instrument, such notice shall be in writing and shall be deemed to have been duly given, served and delivered, if delivered by hand or mailed by United States registered or certified mail or sent by facsimile (with receipt confirmed), to the Customer, at the address set forth on the first page of this Agreement, and to PRLS, at the address set forth on the first page of this Agreement, Attn.: General Counsel.

(e) Waivers; Reformation; Severability. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of such provision or any other provisions hereof and no waiver shall be effective unless made in writing. In the event that any provision of this Agreement shall be determined to be illegal or otherwise unenforceable, such provision shall be deemed modified so as to make such provision legal and enforceable and shall not otherwise affect any other provisions of this Agreement.

(f) Force Majeure. In the event that a delay or failure of a party to comply with any obligation set forth in this Agreement is caused by Force Majeure, that obligation (other than the obligation to pay money when due and owing) will be suspended during the continuance of the Force Majeure condition. For purposes of this Agreement, “Force Majeure” shall mean any event beyond the reasonable control of the parties, including without limitation, an act of God, riot, strike, epidemic, war (declared or undeclared), embargo and governmental action and decree. A party whose performance is suspended hereunder will give prompt written notice of any event of Force Majeure and such party’s best reasonable estimate of when such event will abate. (g) Independent Contractors. PRLS and Customer will at all times be independent contractors. Neither party will have any right, power or authority to enter into any agreement for or on behalf of, or to assume or incur any obligation or liabilities, express or implied, on behalf of or in the name of, the other party. This Agreement will not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon either party. Each party’s employees, methods, facilities and equipment will at all times be under its exclusive direction and control.

(h) Entire Agreement. This Agreement, together with any applicable Schedule(s), constitutes the entire agreement between the parties and supersedes all previous agreements, promises, proposals, representations, understanding and negotiations, whether written or oral, between the parties respecting the subject matter hereof, including without limitation, any emails, letters of intent, proposals, confidentiality agreements or similar correspondence or agreements executed or sent prior to the date hereof. Notwithstanding the foregoing, unless agreed to in a separate writing signed by both parties, any statement appearing as a restrictive endorsement on a check or other document, including a purchase order, which purports to modify a right, obligation or liability of either party shall be of no force and effect.

SF Trial Tech Estimate May 27, 2016

Case: Cilker v Western National Construction et al.

Needs: Full-time in-court trial tech for multiple co-defendants; courtroom equipment rental

Labor rate: $195/hour

Labor The following is based on the information I have so far, and is only an estimate. Because of how

quickly the litigation landscape can shift, the actual total may differ, and will ultimately depend

on the work assigned. I am happy to provide cost updates throughout trial at your request.

1. Database Prep: 12 hours - $2,340

Consult with team on trial exhibit preparation; create TrialDirector presentation

database of exhibits

2. Opening Statement Prep (for GC only): 40 hours - $7,800

Create PowerPoint slides for opening (if needed); run-throughs

Note: I can run the opening statements for additional parties in court, but due to conflict

of interest concerns, I cannot prepare their slides or work with them outside of court

3. Courtroom Equipment Setup: 6 hours - $1,170

Consult with parties on equipment needs; rent equipment from AQUIPT; oversee setup

in courtroom and test

4. Trial Support: 320 hours - $62,400

8 hours per day, 4 days a week, for 10 weeks

5. After-court support: 120 hours - $23,400

I am extremely experienced at bringing up exhibits on the fly, and on my last

construction defect case, I did not do any after-court prep during plaintiff’s case; with

no video deposition clips to make, I assume a fairly light amount of prep work in our

case-in-chief, but it depends on how scripted the team wants its presentations to be.

Labor Estimate: $97,110

Equipment Rental Equipment will be rented from AQUIPT and billed at cost; price includes:

- Monitors for judge, witness, counsel, and gallery

- Screen and projector for the jury

- ELMO for paper documents (optional)

- Witness annotation screen to draw on documents put up on screen (optional)

- Delivery, setup, and takedown

Equipment Rental Estimate: $10,425 (can be shared with plaintiff)

Expenses

All reasonable care will be taken to keep expenses at a minimum, and billed at cost. Since I live

in San Francisco, I can stay at home Thursday night through Sunday, if the work load permits.

1. Hotel: $8,000

4 nights per week @ $200 per night for 10 weeks

Note: I usually stay at the same hotel as the trial team so I can work with them after-

hours, but this is not strictly necessary; I can stay at a discount hotel to lower costs

2. Meals: Not to Exceed $2,800

4 days per week at an average of $70 per day for 10 weeks; anything above this amount

I will be responsible for

3. Travel: No Charge

I will not charge for my travel time, nor for any associated costs (mileage, gas, etc)

Expense Estimate: $10,800

Total

1. Labor: $97,110

2. Equipment: $10,425

3. Expenses: $10,800

Total Estimate: $118,335

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