You need a vacation, but, other counsel is being difficult. What is the law?…more
Legal Byte: Withdrawing from corporate representation? Can you?…more
Legal Byte: Objecting to your own discovery responses? Can a person, after he/she has provided responses to discovery under oath, object to his/her own responses as vague and ambiguous?…more
California landowners can agree on a boundary between their properties. However, they have to conform to specific requirements by California law…more
After negotiating an agreement for his client John, Attorney signs the agreement at the end stating that the agreement is “approved as to form and content.” A dispute arises between John and the other party, Mike. Now Mike sues…more
In California a person who is not a party to a contract containing a mandatory arbitration clause may still be compelled to arbitrate whether that non-signatory is a plaintiff or a defendant…more
Legal Byte: Judicial notice can get you around the "no-citation" rule to cite to unpublished appellate opinions to support your analysis…more
Legal Byte: If a trial lawyers does not raise all possible arguments on every issue in the trial court, are they barred on appeal as a matter of law? Maybe, maybe not…more
Legal Byte: After a parent sexually abuses his daughter should the courts grant him custody of his sons? Find out what California courts have to say…more
Can a plaintiff plead inconsistent theories of relief/liability, such as negligence (which is unintentional) and fraud (which is intentional), for any reason, including for the purpose of triggering insurance coverage?…more
This LEGAL BYTE asks and answers the question: What if an apartment owner restricts his tenancies and refuses to rent to families with the “wrong kind” of children? Will such discrimination be tolerated in California?…more
This Legal Byte analyzes whether a judge's advice to a litigant or an attorney is the same as an "advisory opinion." Citations to case law are provided.
Adhesion contracts are found in all areas of law. This Legal Byte gives you an insight into understanding what they are and how they are litigated. By Alan Goldberg (Appeals, civil trials and family law.)…more
Question: What happens if the attorney and the client are both culpable in errors in the case which cause a default or other adverse order?
Answer: In this scenario, in California, the courts are split…more
This Legal Byte analyzes whether a judge may be recused after the judge has made rulings in your case…more
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