Eric received a successful verdict for an auto v. auto case with soft tissue injuries. While the insurer only offered $5,700, and the plaintiff demand was $25,000, the jury verdict resulted in a $62,000 award.
The disturbing trend of biological and anatomical items found in food at national chain restaurants has occurred again, this time with a bloody fingertip in a salad at Applebee’s Paso Robles found by a pregnant customer on December 20, 2015, represented by Eric Traut of Traut Firm in a claim filed with the restaurant chain.
Eric was commended for ringing in 2016 with two new leadership roles: Co-President for Banyard Inn of Court for a two-year term in 2016 and 2017, and as a 2016 member of the Board of Governors of the Consumer Attorneys of California.Eric will work alongside other esteemed members of the Bench and Bar to strive to improve the skills, professionalism and ethics of the legal profession.
For the 2016 Annual/National Board meeting of the American Board of Trial Advocates, Eric will be attending and serving as a representative of OC-ABOTA in Key Largo, Florida, January 16-17. Read more...
The Orange County Bar Association will hold their largest event of the year on Jan. 21 and Eric congratulates the honorees including the recipient of OCBA's highest honor, the Franklin G. West Award. Read more...
Best Lawyers and U.S. News have selected Traut Firm with the honor of being among the 2016 Best Law Firms, a recognition reserved for less than 4% of the Bar!! Read more...
As Past President of the OCTLA, Eric provided expert commentary on the upcoming civil litigation on the very high profile Kelly Thomas wrongful death case, helping the reader understand potential punative damages assigned, in "What's the value of Kelly Thomas' Life?" Says Eric, "In a wrongful death lawsuit, the amount of punitive damages – especially if it’s a large number – is aimed at scolding the defendants and changing behavior." Read more...
Celebrating inclusion on the Best Lawyers list for a second year in a row, Eric Traut has been included among the Best Lawyers of America list for Southern California, an esteemed list celebrating only the top 3% of the Bar.
Partner Eric Traut was selected for inclusion in the practice area of Personal Injury – Plaintiffs, acknowledging the excellence Eric demonstrates in his practice of law and as a personal injury attorney.
Eric has served on many high profile cases including the Seal Beach Shootings civil case. On the cutting edge of new civil proceedings, Eric is among the very first to utilize the new Expedited Jury Trial method, a technique for which he was recently featured in the Daily Journal, and has given many lectures and seminars on this new, and necessary, trial method to other attorneys. Eric also gives back to the community, having instituted a new annual $1000 scholarship through the Orange County Bar Foundation for a high-performing, low-income students to receive assistance in going to college. In addition, he is a fellow of the O.C. Bar Foundation and donated $15,000 to produce a video describing each of the important programs which help empower underprivileged youth in his home county and is displayed on the Bar Foundation website.
Says Traut, “It is an honor to be acknowledged by the finest peer-reviewed list in the country for the work I do helping my clients achieve justice following a personal injury or wrongful death.” Read more...
Paving the way for access to higher education for low income and first-generation students, Eric Traut of the Traut Firm will give a $1,000 scholarship honoring one special student at the OC Bar Foundation's Higher Education Mentoring graduation celebration on May 20, 2015, at the Chuck Jones Center, 3321 Hyland Ave, Costa Mesa.
“Traut Awards $1000 Higher Education Scholarship.” Orange County Attorney Journal – May 1, 2015
California Lawyer detailed the Expedited Jury Trail process and featured Eric Traut's powerful argument for more use of this very effective jury trial system. Read more...
Says the article: Justice works only if the time, space, and economic resources are available for court proceedings. But in recent years securing a courtroom for a jury trial has become a significantly greater obstacle.
For at least a generation, the number of civil jury trials has consistently declined. (See "The Death of the Civil Jury Trial," Los Angeles Daily Journal, May 8, 2014.)
To address the smaller, less complex cases in California, three years ago the Legislature created the Expedited Jury Trial (EJT) Program. (See Cal. Code Civ. Proc. §§ 630.01-630.10; Cal. Rules of Court (CRC) 3.1545-3.1552.) Designed to help clear some of the congestion without infringing the right of access to a jury trial, the voluntary EJT is modeled after a similar program offered in South Carolina since the 1980s. (See "Short, Summary & Expedited," Nat'l Ctr. for State Cts. (2012).) Essentially, litigants give up the option of a directed verdict and some rights of appeal in exchange for a swifter trial.
Many of the lawyers, juries, and judges who have participated in EJTs report being very pleased with the efficient handling of the trials, as well as the high degree of protection given the rights of the parties.
How It Works
The process begins when all parties agree to a consent order that spells out the mandatory terms that will govern the EJT. The order also includes any additional agreements between the parties, including the amount of damages awardable, and stipulations regarding the introduction of witness statements, medical records or reports, and expert testimony via declaration. (See Cal. Code Civ. Proc. § 630.03; and CRC 3.1547.)
The day of the trial, the judge serves as timekeeper .(CRC 3.1549.) One hour is devoted to voir dire: The jury shall include eight or fewer persons, with no alternates; each side has three peremptory challenges. The votes of at least six jurors are required to reach a verdict (or fewer if the parties so stipulate). (§§ 630.04, 630.07(b).)
Each side gets three hours to present its case, including opening statements and closing arguments, unless the court allows more time. These limits include time for cross-examination of adverse witnesses. To save costs, the parties are encouraged to simplify presentation by stipulation. Parties are urged to make use of summaries, electronic submissions, and "innovative methods of presentation" approved at a pretrial conference. (CRC 3.1551.) As the rules reinforce, the "goal is to complete an expedited jury trial within one full trial day." (CRC 3.1550.)
By agreeing to an EJT, the parties waive the right to move for a directed verdict, or to set aside a verdict, or to seek a new trial on the basis of inadequate or excessive damages. (§ 630.08.)
The jury can deliberate as long as needed (§ 630.05), and the deliberations do not count against the six hours provided to present the case. The result is binding, and for the most part cannot be appealed. (§ 630.09.)
The Benefits
Flexibility. As long as the consent order includes the mandatory requirements, counsel are free to shape the trial to best meet their needs.
Certainty. EJTs are nearly certain to get a courtroom on the initial date they are set for trial, and frequently they are tried before any other case on that day's calendar.
Finality. Unlike arbitration, expedited trials allow no de novo request and very few posttrial motions. There is no appeal except for judicial or juror misconduct, fraud, corruption, or other undue means that prevent a party from having a fair trial. (§ 630.09(a).)
Savings. Perhaps the most obvious advantage of an EJT is the inherent lower cost for clients, counsel, as well as the court.
By addressing issues of cost and delay in the courts, the EJT is an effective tool for preserving access to a jury trial. Hopefully, more trial attorneys and judges will take advantage of this procedural option to better serve their clients and the cause of justice.
Eric V. Traut, a partner at the Traut Firm in Santa Ana who specializes in plaintiffs injury litigation, has tried four expedited jury trials.