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Arbitration

A regular issue before the California courts is whether a new U.S. Supreme Court decision has overruled the California Supreme Court...

• Too Busy To Keep Up With the New CA Civil Cases?
• Save Time, Win More & Make More Money

Legal Malpractice

I've been thinking for years that the anti-SLAPP statute (Code of Civil Procedure section 425.16) could create potenti...

• Too Busy To Keep Up With the New CA Civil Case Law?
• Need to Know the Important New Civil Case Decisions in Your Practice Areas?

 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 WL 714127: The Court of App...

• Too Busy To Keep Up With the New CA Civil Case Law?
• Need to Know the Important New Civil Case Decisions in Your Practice Areas?

 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. Co. v. Robinson (2022) _ ...

• Too Busy To Keep Up With the New CA Civil Case Law?
• Need to Know the Important New Civil Case Decisions in Your Practice Areas?

 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 court's order sustaining defend...

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• Need to Know the Important New Civil Case Decisions in Your Practice Areas?

 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 Supreme Court reversed the Cou...

• Too Busy To Keep Up With the New CA Civil Case Law?
• Should You Know the Important New Civil Case Decisions in Your Practice Areas?

 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 affirmed the trial court's o...

• Too Busy To Keep Up With the New CA Civil Case Law?
• Should You Know the Important New Civil Case Decisions in Your Practice Areas?

 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 Court of Appeal affirmed the ...

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• Should You Know the Important New Civil Case Decisions in Your Practice Areas?

 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: The Court of Appeal affir...

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Arbitration

Arbitration, and whether it can be compelled, is constantly addressed in the new published case law. Last month, the Fifth District Court of Appeal published a new decision addressing this issue. In the video above I briefly discuss this new case. Below is my summary of this new case.

New Arbitration Decision 

Eminence Healthcare, Inc. v. Centuri Health Ventures, LLC (2022) _ Cal.App.5th _ , 2022 WL 321011: The Court of Appeal affirmed the trial court's order partially denying defen...