Archer Norris PLC

2033 North Main Street Suite 800
Walnut Creek, CA 94596 , United States

  • 925.930.6600
  • 925.930.6620

Report From Counsel: Insights and Developments in the Law - Summer 2014

In this Issue: - Small Businesses and Job Discrimination - Noncompetition Agreements and Arbitration - Real Estate Deals Gone Wrong - Ensure Your Financial Privacy - Excerpt from Small…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law, Privacy, Real Estate - Residential

Changing of the Guard at State’s High Court

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
| Civil Procedure

Contractual Attorney Fees in California: Which Statute Applies?

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 interpreted…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts

Report from Counsel: Insights and Developments in the Law - Spring 2014

In this Newsletter: - Before You Start a Business . . . - Estate Planning—Powers of Appointment - Public Use Required for Eminent Domain - Tax-Free Gains from Home Sales - Recreational-Use…more
| Commercial Law & Contracts, Personal Injury, Zoning, Planning & Land Use, Real Estate - Residential, Wills, Trusts, & Estate Planning

Contractual Attorney Fees Conundrum

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
| Civil Remedies, Commercial Law & Contracts

Contractual Attorney Fee Provisions: Words Matter

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
| Civil Remedies, Commercial Law & Contracts, Personal Injury

‘Tis the Season for Social Host Liability

With Christmas just around the corner, the holiday season is well underway. For many, this means that the next few weeks will be filled with buying and wrapping gifts, baking and decorating cookies, listening to festive holiday…more
| Personal Injury

Report From Counsel: Insights and Developments in the Law - Fall 2013

In this Issue: - Limited Liability Companies — The Best of All Worlds? - Employees Are Responsible for Beneficiary Designations - Protect Your Plastic - HOA Can Regulate Common Area - Identity…more
| Business Organizations, Labor & Employment Law, Privacy, Real Estate - Residential, Wills, Trusts, & Estate Planning

Mandatory Relief from Summary Judgment? Courts Are Still Split.

Code of Civil Procedure section 473, subdivision (b) requires a court, under certain circumstances, to grant relief from default or dismissal that results from counsel’s mistake, inadvertence, surprise, or neglect. In a…more
| Civil Procedure

Fly Fishing and the Appellate Lawyering Life

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
| Law Practice Products & Services

Thriller?

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 of…more
| Civil Procedure, Personal Injury

Abracadabra

Misdirection is a form of deception employed by magicians to focus the attention of an audience on one thing in order to distract its attention from another. For example, a magician announces that he is going to make a donkey…more
| Civil Procedure

What the Dickens is the law?

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
|

Reconsideration: A Possible Side Effect of Depublication

Under the California Rules of Court, rule 8.1125(c), the Supreme Court has the discretionary power to depublish an opinion at any time. Recently, the California Court of Appeal held that, when this happens, depublication can…more
| Civil Procedure

Sign Here

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 that…more
| Civil Procedure
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100+ Attorneys

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