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...
Discovery Sanctions
The California Civil Discovery Act sets forth the rules for discovery that can be conducted under California law. There are many provisions authorizing trial courts...
California courts published 122 new California civil cases in 2022 Q3 (July-September), changing and evolving California law in almost every civil practice area. Knowing the new case law in your practice areas will enable you to draft better pleadings, conduct better discovery, make better arguments in motions and trial, settle cases better, and win more trials to win more and make more money.
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Insurance and COVID-19
In 2022, I've seen a flurry of cases addressing the issue of whether a property or casualty insurance policy provides coverage for the shutting down of a business due to COVID-19. Our...
Attorney Fees
Understandably, attorney fees are near and dear to the hearts of California attorneys. Can attorney fees be recovered if they were not paid for by a party to the case, but instead were paid by a...
Arbitration & PAGA
Under California law, a PAGA claim cannot typically be sent to arbitration. But, like so many other rules in the law, this rule is not absolute. Last month, the Second District Court of...
Trial & Equity
Everyone knows that you get a jury trial with a legal issue and a judge trial with an equitable issue, right? While those rules are generally true, you might...
Civil Procedure and Employment
The California Department of Fair Employment and Housing can file an action on behalf of an employee. Last month, the Sixth District Court of Appeal published a decision...
Settlements
It's common in California to include, in settlement agreements that will be paid over time, a stipulated judgment that can be filed if the party making the payments defaults before all payments...
Landowner Tort Duty
California landowners often owe a duty of care to people on their property. Last month, the Second District Court of Appeal published a decision addressing the issue of whether a...
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