Scope of Services
CanopyMetrics provides the full range of arboricultural litigation support — from early-stage evaluation through trial testimony. Engagements are taken for both plaintiff and defense.
Pre-Litigation Site Inspections & Preliminary Opinion Letters
Early assessment of the arboricultural facts before formal retention. Identifies whether the evidence supports the theory of the case, with a documented site visit and a written preliminary opinion. Used to evaluate case viability and inform settlement decisions before discovery costs mount.
Arborist Reports for Property Damage Claims
Comprehensive written reports addressing tree failure, root damage, encroachment, and related property damage claims. Covers causation analysis, ISA TRAQ-based risk evaluation, tree value appraisal under accepted methodology (Trunk Formula Method, Composite Method), and supporting photographic documentation. Written to withstand opposing expert review and cross-examination.
Expert Declarations & Rule 26 / CCP 2034 Disclosures
Written expert designations prepared to comply with Federal Rule of Civil Procedure 26 requirements and California Code of Civil Procedure §2034 simultaneous-exchange requirements. Includes all mandated elements: opinions, bases and reasons, facts relied upon, qualifications, prior testimony, and compensation disclosure. CV available on request.
Deposition & Trial Testimony
Available for deposition and trial testimony in California Superior Court and federal matters. Testimony is grounded in published ISA standards and ANSI A300 — not subjective professional impression. Prior experience with deposition and expert examination available for attorney review. The goal is opinions that survive Daubert/Kelly-Frye scrutiny.
Rebuttal Reports & Review of Opposing Expert Opinions
Critical review of opposing arborist reports — identifying methodological deficiencies, unsupported conclusions, credential gaps, and departures from ISA TRAQ methodology or ANSI A300 standards. Rebuttal reports are structured to address each opinion the opposing expert has offered, with specific reference to conflicting evidence or published standards.
Boundary Tree, View Ordinance & Neighbor Dispute Analysis
Analysis of boundary tree matters under California Civil Code §§ 833–834, treble-damage exposure under §3346, and related ordinance compliance. Includes trunk location determination, encroachment documentation, canopy documentation for view ordinance proceedings, and analysis of prior maintenance history. For HOA disputes, CC&R interpretation context provided where applicable.
Rule 26 Disclosure Preparation
Formatting and preparation of arborist reports to comply with California Rule of Court 26 and CCP §2034 simultaneous exchange requirements. Ensures reports include numbered opinions, bases and reasons, data relied upon, exhibits, prior testimony history, and compensation disclosure — ready for expert designation without rework. See also: What Adjusters Need from an Arborist Report — field guide covering five non-negotiable report elements, Rule 26 formatting requirements, and North Bay-specific causation arguments for subrogation professionals.
Matter types handled
Tree failure / personal injury
Root damage to structures
Encroachment & encroachment damages
Construction damage to protected trees
Boundary tree disputes
Negligent pruning or removal
View obstruction
Insurance subrogation
Ordinance violation enforcement
HOA / CC&R disputes
CanopyMetrics
Evaluating a tree dispute or damage claim? Initial conflict check and scope discussion at no charge.
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Engagement Process
Most litigation support engagements follow a four-step sequence. Timeline compresses when required by discovery deadlines — state your timeline in the initial contact.
01
Conflict check & scope call
Initial contact. We run a conflict check against parties and counsel, confirm there is no prior relationship that would disqualify CanopyMetrics from the engagement, and discuss the matter, timeline, and expected deliverables. This step is no-charge and does not create a retainer relationship. You describe what happened; we confirm whether the arboricultural facts support an engagement and what form the engagement should take.
02
Retainer & document review
Engagement agreement executed and retainer paid. We review all available documents: prior inspection records, photographs, maintenance history, permit files, survey data, municipal tree ordinance history, correspondence between parties, and any existing arborist reports. Document review often shapes the site inspection protocol — what to look for, what evidence may have been preserved or destroyed, where the methodological weaknesses in existing reports lie.
03
Site inspection & report
Documented site visit following ISA TRAQ methodology. All observations, measurements, and photographic documentation recorded contemporaneously. Written report produced on completion: engagement background, site description, methodology, findings, analysis, opinion, limitations, and — where applicable — tree value calculation. Reports are signed by a TRAQ-qualified ISA Certified Arborist. Standard turnaround is 7–10 business days from site visit; rush available at stated surcharge.
04
Testimony, if needed
Expert designation submitted per applicable procedural rules (FRCP 26 or CCP 2034). Deposition preparation with retaining counsel. Deposition testimony. If the matter proceeds to trial: trial prep, direct examination, and cross-examination. We have been cross-examined — and understand what opposing counsel looks for in an arborist expert. Hourly billing applies to all testimony-related time, including preparation.
Credentials
The credentials below are the ones courts and opposing counsel will ask about. We state them accurately — no overclaiming, no omissions.
Held
ISA Certified Arborist #WE-12351AU
Primary ISA certification, verifiable at treesaregood.org. The number is included in all expert disclosures and reports per California court requirements.
Cert number
#WE-12351AU
Held
ISA Utility Specialist
A specialty-level ISA certification issued following separate examination, demonstrating advanced competency in complex structural assessments — particularly relevant in construction-impact, encroachment, and utility-line dispute cases.
Held
ISA Tree Risk Assessment Qualification (TRAQ)
Required to perform and sign structured tree risk assessments under ISA methodology. The recognized standard for expert arborist risk assessments in North Bay courts. All risk assessments and litigation-support reports are conducted and signed under TRAQ Level 2 methodology.
Held
Certified Treecare Safety Professional (CTSP)
ISA credential in arboricultural safety practices. Relevant where safety protocol failures or inadequate site safety measures are at issue in the claim.
Held
Qualified Applicator License (QAL)
California state applicator license for plant health management. Relevant where herbicide or pesticide application — or failure to apply — is cited as a contributing factor in tree failure or property damage claims.
In Progress
ASCA Registered Consulting Arborist (RCA)
Requires documented consulting experience, a written examination, and peer review. Candidacy is in progress. Not yet conferred and not claimed in any expert disclosure or report.
For the complete credential statement with attorney-facing admissibility framing — including Daubert, Kelly-Frye, FRCP 26, and CCP 2034 context for each credential — see the dedicated credentials page.
A curriculum vitae including education, all credentials, prior testimony history, and prior cases where opinions were offered is available on request and will be produced in response to any expert disclosure requirement.
What Attorneys Should Look For in an Arborist Expert
Courts and opposing counsel will scrutinize the expert on four axes. CanopyMetrics is built to withstand that scrutiny on all four.
1
No financial conflict of interest
The expert has no ownership, employment, or financial relationship with any tree service company, landscape company, or real estate developer. CanopyMetrics does no tree work — period. This eliminates the most common impeachment line used against arborist experts.
2
Opinions grounded in published standards — not professional impression
Every opinion offered in reports, declarations, and testimony must be traceable to a published, peer-reviewed standard: ISA TRAQ, ANSI A300, CTLA Guide for Plant Appraisal. Opposing counsel will ask "what standard are you applying?" — and the answer must be specific and citable.
3
Credentials verifiable and not overclaimed
ISA certification numbers must be accurate and current — not expired, not pending, not in abbreviation. Any credential still in progress must not be claimed in a disclosure or report. CanopyMetrics states credentials exactly as they are: held, in progress, or not yet obtained.
4
Prior testimony history and prior opinion disclosures disclosed
FRCP 26(a)(2)(B)(iv) and CCP §2034.220(c) both require disclosure of all cases in which the expert has offered expert opinions in the preceding four years. CanopyMetrics maintains a complete disclosure log. CV is produced on request and will be produced in any expert designation.
Independence is the foundation of credibility.
CanopyMetrics does not sell tree services, does not bid on tree work, and has no financial relationship with any party to the dispute. This independence is what allows opinions to survive cross-examination — because there is nothing to impeach.
Methodology
Every report produced for litigation or expert witness purposes is grounded in published, peer-reviewed standards — not proprietary methodology or subjective professional opinion. This is what survives cross-examination. See the annotated anatomy of a TRAQ report — every section, with sample report lines.
ISA TRAQ
ISA Tree Risk Assessment Qualification Methodology
The TRAQ two-step process assigns likelihood-of-failure and likelihood-of-impact ratings to each identified failure part and target. Risk ratings (Low / Moderate / High / Extreme) are determined by the published TRAQ matrix — not subjective judgment. All risk assessments and failure analysis reports follow TRAQ Level 2 (Detailed Visual Assessment) as the baseline, with Level 3 diagnostic tools (resistograph, sonic tomography) added where findings warrant.
ANSI A300
American National Standards Institute A300 Tree Care Standards
ANSI A300 is the authoritative national standard for tree care operations. All work recommendations, pruning assessments, and construction-impact evaluations are benchmarked against A300 performance standards. Departures from A300 by a property owner, contractor, or tree service — whether in pruning specification, root protection, or structural support — are documented and cited by standard section in reports.
ISA BMPs
ISA Best Management Practices
The ISA BMP series operationalizes ANSI A300 for practitioners. Reports reference the relevant BMP guides — Tree Risk Assessment, Pruning, Utility Pruning — where the opposing party's actions deviate from published best practices. This framing is more useful to courts than a bare assertion that something was "done wrong."
Tree Valuation
Council of Tree & Landscape Appraisers (CTLA) / Guide for Plant Appraisal
Tree damage value calculations use the Trunk Formula Method or the Composite Method as described in the CTLA Guide for Plant Appraisal, 9th Edition. Method selection is determined by tree size and appraisal context. All assumptions, species classifications, and appraisal factors are documented in the report appendix.
Why methodology framing matters in litigation: An expert opinion that says "the tree was hazardous" is vulnerable. An opinion that says "the tree exhibited a Probability of Failure rating of High under ISA TRAQ Level 2 assessment, based on documented basal decay with fungal conks present, and a Likelihood of Impact rating of High given target proximity — resulting in an Overall Risk Rating of Extreme under the ISA risk matrix — is defensible." The difference is cite-able standards versus unsupported assertion.
Geographic & Court Coverage
Primary — California Superior Court
- Marin County Superior Court — San Rafael
- Sonoma County Superior Court — Santa Rosa
- Napa County Superior Court — Napa
Primary field service area and primary jurisdictions for testimony. Familiar with North Bay judicial culture, local ordinance landscape, and the specific tree species, soil conditions, and site characteristics that arise in North Bay matters.
Available — Federal & Other State Courts
- U.S. District Court, N.D. Cal. — San Francisco / Oakland / San Jose
- Other California Superior Courts on request
- Out-of-state matters evaluated case by case
Available for federal matters in the Northern District of California and for California Superior Court matters outside the primary service area when the engagement warrants travel. Contact us to discuss jurisdiction and timeline.
CanopyMetrics maintains current working knowledge of tree ordinances for all 10 North Bay jurisdictions: Marin County, Sonoma County, Napa County, Santa Rosa, Petaluma, San Rafael, Novato, Sonoma, St. Helena, and Healdsburg. See the North Bay Tree Ordinance Reference for compiled details.
Rule 26 / CCP 2034 Expert Disclosures
Federal and California state law both require expert disclosures to contain specific information. Below is the language required — and what you can expect from CanopyMetrics in every designation.
Federal — FRCP 26(a)(2)(B)
Required disclosure elements
A full written report prepared and signed by the expert must include all of the following:
- Identity and qualifications — complete credential statement including ISA certification number, all held credentials, education, and relevant prior experience. Report must state the cert number and its current status.
- All opinions to be expressed — complete and unconditional. Qualified opinions ("I may form an opinion if X is established") are not sufficient. Disclose the full opinion and its basis.
- Basis and reasons for each opinion — the chain of reasoning from observed fact to stated conclusion. Must be grounded in published standards, not professional impression alone.
- Data and information considered — all documents, data, photographs, and observations relied upon, regardless of whether they support the opinion.
- Exhibits — all exhibits to be used to summarize or support the opinions.
- Prior testimony — all cases in which the expert has testified by deposition or trial within the preceding four years.
- Compensation statement — the rate at which the expert is compensated and the total compensation to be received for this engagement.
California — CCP §2034.210–§2034.250
Simultaneous exchange requirements
California Code of Civil Procedure §2034 requires each party to simultaneously exchange expert witness lists and all information required under §2034.220. The required disclosure elements are:
- Identity of the expert — full legal name, business address, and area of proposed testimony.
- Qualifications — the expert's professional qualifications, including all relevant credentials, certifications, education, and prior testimony history in the prior four years.
- Expert opinion and bases — the subject matter on which the expert will express an opinion, and the substance of the opinions to be expressed, including the expert's complete reasoning and the basis for those opinions.
- Information considered — all information considered by the expert in forming the opinions, including all documents reviewed — whether favorable or unfavorable to the expert's theory.
- Summary of grounds — a summary of the grounds for each opinion.
- Compensation and compensation agreement — the compensation arrangement, including hourly rate, estimated total, and any fee agreements with the retaining party.
Note: CCP §2034 requires simultaneous exchange — if your matter is in a California Superior Court, confirm the expert designation deadline with opposing counsel before retention.
What CanopyMetrics produces for each designation: The written expert designation report is prepared to satisfy all elements under both FRCP 26(a)(2)(B) and CCP §2034.220 simultaneously — enabling use of a single consistent document whether the matter is in federal or state court. The designation includes: the full credential statement (ISA cert #WE-12351AU, Utility Specialist, TRAQ, CTSP, QAL), each opinion with its basis in ISA TRAQ / ANSI A300 / CTLA standards, the complete data set and documents reviewed, a summary of grounds for each opinion, the compensation disclosure, and the prior testimony log. A CV is attached. No opinion is held back in disclosure to be revealed later at trial — all opinions are disclosed in the designation report.
Sample designation language (for reference — actual disclosure is tailored per engagement):
"The expert holds ISA Certified Arborist credential #WE-12351AU, is ISA TRAQ Qualified, holds the ISA Utility Specialist designation, the Certified Treecare Safety Professional (CTSP) credential, and a California Qualified Applicator License (QAL). The expert has been retained to provide opinions regarding the condition, risk rating, causation of failure (if applicable), and arboricultural standards compliance regarding the trees at issue in this matter. All opinions are grounded in ISA Tree Risk Assessment Qualification (TRAQ) methodology, American National Standards Institute (ANSI) A300 tree care standards, and the Council of Tree and Landscape Appraisers (CTLA) Guide for Plant Appraisal, 9th Edition. The expert's complete credential statement, compensation disclosure, and prior testimony history are set forth in the attached curriculum vitae."
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Initial conflict check and scope discussion at no charge. Describe the matter below — jurisdiction, parties involved (without privileged detail), and timeline — and we'll respond within one business day.
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