New CA Civil Procedure Case
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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 to impose sanctions against a party. Last month, the Second District Cour...
California Case Summaries Quarterly 2022 Q3
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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New Insurance Case
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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 California Courts of Appeal have not always agreed on the answer. Last month,...
New Attorney Fee Case
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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 third party? Last month, the Fourth District Court of Appeal published a de...
New Arbitration & PAGA Case
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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 Appeal published a decision addressing this issue. To find out what they decide...
New Trial & Equity Case
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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 still be surprised Last month, the Fourth District Court of Appeal published a de...
New Civil Procedure and Employment Case
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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 addressing the issue of whether am action filed on behalf of an employee could proc...
New Settlement Case
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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 have been made. The party who will file a stipulated judgment needs to be care...
New Torts Case
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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 landowner owes a duty of care for an open and obvious risk. Whether a risk is open an...
New Unruh Act (Civil Code) Case
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The Unruh Act
California plaintiffs alleging discrimination under the federal Americans with Disabilities Act (ADA; 42 U.S.C. § 12101 et seq.).can bring California actions under The Unruh Civil Rights act (Unruh Act; Civil Code, section 51). A plaintiff who proves discrimination unde...