Bert Jones
Consultative Role
As litigation consultant specializing in inventory, machinery and equipment
appraisal, providing attorneys with relevant facts; formulating initial
case strategy from a valuation perspective; and preparing for trial. Involvement
has included providing preliminary assessment of the value aspects of
each side of the case.
Witness Preparation
Suggest formulating of deposition questions; develop interrogatory (and
surrebuttal) responses and trial stipulations; and, consult with counsel
before and during the taking or giving of depositions.
Developing Testimony
Assist at trial in developing cross examination and rebuttal (and surrebuttal)
testimony. During presentation of the opponent's case, alert counsel
to pertinent appraisal factors not mentioned by the opponent's experts,
or to any ambiguous or misleading testimony, or to the misuse of the technical
vocabulary.
TECHNICAL ANALYSIS
Early Participation Early participation in lawsuits has been effective in avoiding mis-focused
document discovery efforts, inconclusive deposition questioning and shortcomings
in formulating initial case strategy in appraisal and related areas.
Damage Calculations Expertise in appraisal and understanding of equipment, machinery and inventory
can facilitate counsel's efforts in developing and documenting damage
calculations, or the lack thereof. Approach focuses on identifying all
costs associated with the allegations of the lawsuit.
Expert Testimony Presented expert testimony in depositions, and before a variety of courts
and administrative boards, to assist the trier of fact in resolving technical
appraisal issues, generally with the assessment of damages.
TYPE OF COURT CASES
Provided testimony in divorce property settlements, property rights and
easements, lawsuits involving real estate boundaries and leases, criminal
arson cases, bankruptcy, repossession, property tax, allocation of purchase
price, residual value, leased assets, state condemnation, eminent domain,
and IRS negotiations.
EXAMPLE OF CASES
Bank Values of equipment as loan and lease collateral. Lender obtained deficiency
judgment via California Commercial Code 9504.
Finance Company Testified in County tax hearing. Successful in reducing inventory tax
on equipment repossessed by lender. Argued that assessor’s depreciation
formula was not applicable.
Medical Clinical Chain Values used to recoup settlement from vendors supplying medical equipment.
Discovered that invoices were inflated in price or equipment was inferior
to that invoiced.
Cable Television Assisted company by valuing equipment to sell to competitors and avoid
lease default. Also valued the leases for the lender.