The California Supreme Court is undergoing a few changes. Justice Joyce L. Kennard has retired and has not yet been replaced. And Justice Marvin R. Baxter is leaving at the end of the year. Much has already been written about...more
A recurring theme in my recent Daily Journal publications has been the rough doctrinal fit between operation of Civil Code section 1717 and Code of Civil Procedure section 1021 and section 1032. Section 1717 has been...more
Appearances can be deceiving, and plain, statutory language is no exception. Take Civil Code section 1717, for example, which governs contractual attorney fees. Notwithstanding section 1717’s seemingly straightforward...more
This blog entry provides an analytical metric for double-checking assumptions about application of Civil Code section 1717 and contractual attorney fee awards. As the case law demonstrates, it is easy to misapprehend how and...more
What do fly fishing and appellate practice have in common? In his article, “Fly fishing and the appellate lawyering life,” Gary A. Watt, one of our certified appellate specialists and a fly fishing enthusiast, offers his...more
The verdict is in. AEG Live is not liable in the Michael Jackson wrongful death suit. An appeal is a foregone conclusion. But will an appeal be a "Thriller?"
The standards of review tend to reduce the possibility...more
If a trial court issues a ruling based on a single appellate court opinion, and that opinion later gets depublished, what happens to the trial court’s ruling? This was the question in a recent appellate decision, Farmers...more
In 2006 the Legislature amended Code of Civil Procedure section 998 to state that "The written offer shall include . . . a provision that allows the accepting party to indicate acceptance of the offer by signing a statement...more
Earlier this week, the state Supreme Court decided Martinez v. Brownco Construction Co. Inc., S200944. The issue was when it comes to two or more valid CCP section 998 offers, each of which is exceeded by the amount of the...more
If you have a federal practice, chances are you have encountered Ninth Circuit opinions written by Circuit Judge Ferdinand F. Fernandez. For the uninitiated, Judge Fernandez has made a career of teasing readers by sprinkling...more
If a plaintiff makes a reasonable settlement offer, and it expires by operation of law, and then makes a second offer, does the latter extinguish the first for purpose of cost shifting provisions of section 998 sub-divison?...more
The California Supreme Court recently decided that so long as its notice of appeal is timely filed, a suspended corporation can still pursue the appeal if it later revives its corporate powers. The case, Bourhis v. Lord,...more
Originally published in The Daily Journal on 2/6/13.
Last month, the state Supreme Court granted review of the question, “Is the party who obtains the dismissal of a contract action entirely on procedural grounds...more