New Civil Procedure Case

 
  • Keep Current. Save Time. Win More. Make More Money
Since 2012, I've helped California lawyers save time and easily keep up with the new case law to win more and make more money with my publication California Case Summaries™. I prepare short one paragraph summaries that can be read in 2 minutes, organized by legal topic, of every new published CA civil case (typically 25-100 pages long) in monthly, quarterly and annual subscriptions. My publications are only available to a limited number of subscribers, giving them a competitive advantage. They are periodically opened to new subscribers. 
 
Join Our Email List: To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021, click here. 

Attorney Duty Regarding Default

If a party does not timely respond, an attorney can file a request for entry of a default and later seek a default judgment. But should an attorney take these actions without giving any notice to the attorney representing the defaulting party? Last month, the Fourth District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below.

New Civil Procedure Decision  

Shapell Socal Rental Properties v. Chico's FAS (2022) _ Cal.App.5th _ , 2022 WL 9755390: The Court of Appeal reversed the trial court’s order denying defendant’s motion to set aside a default and a default judgment. The case involved a commercial lease, where the tenant started paying lower rent due to COVID-19 issues. Counsel for defendant notified plaintiff of their representation of defendant, and asked plaintiff to give them notice of any actions regarding the lease. Counsel for plaintiff sought a default, and later a default judgment, without notifying defendant’s counsel. The Court of Appeal held that an attorney has both an ethical and statutory obligation to warn opposing counsel, if counsel’s identity is known, of an intent to seek a default and to give counsel a reasonable opportunity to file a responsive pleading. (LaSalle v. Vogel (2019) 36 Cal.App.5th 127, 137 (LaSalle)), and that duty is reinforced by a statutory obligation arising under Code of Civil Procedure section 583.130. The trial court abused its discretion in denying the motion to set aside the default and default judgment and failing to address the breach of ethical and statutory duties by plaintiff’s counsel. (C.A. 4th, October 17, 2022.)

 

 California Case Summary™ Publications

California Case Summaries Monthly™:  short one paragraph summaries that can be read in 2 minutes, organized by legal topic, of every new civil case published by California courts every month. This subscription is currently open for a short time. To subscribe, click here.

California Case Summaries Quarterly™: short summaries that can be read in 2 minutes, organized by legal topic, of every new civil case published by California courts each quarter, with the official case citations. This subscription is currently open for a short time. To subscribe, click here.

Annual Practice Area Case Summaries™: Early every January, we publish Annual Practice Area case summaries for the practice areas of Employment, Real Property and Torts with short, organized summaries of every new civil case in each practice area (plus additional important legal topics), with the official case citations. 

California Case Summaries Annual™: Published early every January, with short, organized summaries of every new civil case published the year before, with the official case citations.  

Join Our Email List: To get my free summaries of the 22 new civil cases published by the California Supreme Court in 2021, click here.


Mediation, Arbitration & Referee Services

I help attorneys and their clients settle cases as a mediator, and decide cases or issues as an arbitrator or referee at ADR Services, Inc. I handle cases in the areas of business, employment, insurance bad faith, insurance coverage, legal malpractice, medical malpractice, personal injury, real property and wrongful death. I conduct Zoom and in-person hearings throughout California.
To schedule a matter, please contact my case managers at ADR Services, Inc., Haward Cho, (213) 683-1600, [email protected] or Rachael Boughan, (619) 233-1323, 
[email protected] 

 

Stay safe and healthy.


Best regards,
Monty A. McIntyre, Esq.
California Case Summaries™
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™

CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected] 

Get Free Summaries of Every Civil Case Decision by the California Supreme Court in 2021! 

 

Get Your Free Summaries
Close

50% Complete

Two Step

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.