Evidence
The California Penal Code prohibits recording a telephone...
Arbitration
A regular issue before the California courts is whether a...
Legal Malpractice
I've been thinking for years that the anti-SLAPP...
Torts
The issue of tort duty is constantly evolving in California. Last month, the Second District Court of Appeal published a new decision addressing whether a residence for the disabled owes a duty under tort law to protect residents from potential harm from contractors used by the residence. In the video above I briefly discuss this new case. Below is my summary of the case.
New Tort Decision
Doe v. Brightstar Residential Incorporated (2022) _ Cal.App.5th _ , 2022...
Arbitration
In UIM arbitrations the trial court, not the arbitrator, decides discovery issues. Last month, in a case of first impression, the First District Court of Appeal published a new decision addressing whether a party in a UIM arbitration can appeal a discovery ruling after the trial court confirms the arbitration award. In the video above I briefly discuss this new case. Below is my summary of the case.
New Arbitration Decision
State Farm Mutual Automobile Ins....
Torts
The issue of tort duty is constantly evolving in California. Last month, the California Supreme Court published a new decision addressing whether a lender owes a borrower a duty under tort law when responding to a request for a loan modification. In the video above I briefly discuss this new case. Below is my summary of the case.
New Torts Decision
Sheen v. Wells Fargo Bank (2022) _ Cal.5th _ , 2022 WL 664722: The California Supreme Court affirmed the trial...
Evidence
A question that can arise during trial is whether a party can use a discovery deposition, taken in an earlier action, under the hearsay exception in Evidence Code section 1291(a)(2). Last month, the California Supreme Court published a new decision addressing this issue. In the video above I briefly discuss this new case. Below is my summary of the case.
New Evidence Decision
Berroteran v. Superior Court (2022) _ Cal.5th _ , 2022 WL 664719: The California...
Torts
There are many immunities that can derail a plaintiff's tort case, and the recreational immunity is one of them. Last month, the Second District Court of Appeal published a new decision addressing whether a jogger who was training for a half-marathon was engaged in a recreational purpose. In the video above I briefly discuss this new case. Below is my summary of the case.
New Tort Decision
Rucker v. WINCAL, LLC (2022) _ Cal.App.5th _ , 2022 WL 336718: The Court of Appeal...
Probate
In probate actions a common issue facing the courts is whether an amendment to a revocable trust was valid. Last month, the First District Court of Appeal published a new decision addressing whether an amendment to a revocable trust was valid when it was not acknowledged by a notary public. In the video above I briefly discuss this new case. Below is my summary of this new case.
New Probate Decision
Balistreri v. Balistreri (2022) _ Cal.App.5th _ , 2022 WL 557745: The...
Employment
Actions under the Private Attorneys General Act (PAGA; Labor Code, section 2698) are regularly addressed in the new published civil cases. Last month, the Second District Court of Appeal published a new decision addressing whether a party bringing a PAGA claim is entitled to a jury trial. In the video above I briefly discuss this new case. Below is my summary of this new case.
New Employment Decision
LaFace v. Ralphs Grocery Co. (2022) _ Cal.App.5th _ , 2022 WL 498847:...
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