This bulletin is sent on an as needed basis to provide timely information to our members. Your feedback is encouraged. Contact Margaret Martin with any questions, concerns, or suggestions.
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Biannual Letter to Members
Rob Kramer, Executive Director and
Kathy Maylin, Litigation Manager

All members should have received an e-mail from ERMA this week containing this memo and an updated Quick Reference Handbook. If you have not already done so, please take a moment to review this important information regarding ERMA's financial position, changes to the Memorandum of Coverage, and late claim reporting, and training news.
The Treasurer's report (as of 06/30/15) summarizes PARSAC's investments and transactions recommended by PFM Asset Management, as well as LAIF investments.
LEGAL ALERT: Mistaken Release of Attorney-Client Protected Documents Could Permanently Waive Exemption
Embedded in the Public Records Act (PRA), Government Code section 6254.5, is the principle that, once a government agency releases records under the Act — even if those records qualify for an exemption from release — that exemption is forever waived. In other words, the law does not allow a public agency to pick and choose to whom to release documents by waiving the exemption in one case, and asserting it in another.

However, a recent California Appellate decision held that the Legislature did not intend that this “use it or lose it” principle should apply to an inadvertent release. This case is now headed for the Supreme Court but that decision is months away. In the meantime, public agencies are advised to be diligent in reviewing records requested under the PRA for privileged material and other statutory exemptions the agency might wish to assert prior to release. READ FULL ARTICLE
Sidewalk Liability Win: Appellate Court Opinion Upholds MSJ for "Trivial Defect"
Greg Rippetoe, Rippetoe Law
In a recent case from the First District Court of Appeal (Contra Costa County), the plaintiff claimed a height differential of approximately 2" existed although it was more likely 1" as demonstrated by Caltrans testimony. Nonetheless, the appellate court upheld a finding of the trial court on Motion for Summary Judgment (MSJ) that the defect was "trivial" as a matter of law. This case contains much of the same language that we would ordinarily rely upon when arguing on MSJ. Kasparian especially is relied upon in this decision with language that is very beneficial to defense of these matters. Although this opinion is unpublished, it will provide guidance to the trial courts as they examine sidewalk trip and fall cases.
California Summer E-Series Webinar

How to Avoid Cal/OSHA’s Most Commonly Violated Standard and Develop an Effective Injury Illness Prevention Program for Your Workplace:

Tuesday, August 25, 2015
11:30 a.m. - 12:30 p.m. 
Presented by Jackson Lewis
Alka Ramchandani, Associate

Copyright © 2015 Public Agency Risk Sharing Authority of California, All rights reserved.

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