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? On…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 entitled…more
The California Supreme Court is reviewing the following question: "Is a party who obtains the dismissal of a contract action entirely on procedural grounds entitled to an award of attorney fees under Civil Code section 1717 as…more
In this issue:
-Changes to Mobilehome Residency Law effective Jan. 1, 2013
-Civil Code Amendments Pertaining To Non Homeowners In Mobilehome Parks
-Changes To The Public Utilities Code
-Changes To The…more
New rules governing oral depositions in civil cases in California take effect in the new year as a result of the recent passage of AB 1875. The new legislation generally sets a maximum limit of seven hours of total testimony per…more
In This Issue:
- Criminal Background Checks on Employees
- Lottery Winnings and Gift Taxes
- Fair Housing Act Doesn’t Apply to Roommates
- Land Purchasers Get Money Back
- LLC Member Personally Liable
For some reason, autumn seems to be the time for MCLE extravaganzas (assuming "MCLE" and "extravaganza" actually go together). I will be participating in two such events.
My first road show will be part of the Contra…more
Archer Norris lawyers Mike McGuire and Lisa Estabrook recently completed a lengthy jury trial in defense of a mobile home park (MHP) owner sued for Failure to Maintain. From the trial, we learned several important lessons you…more
Ordinarily, an order or judgment imposing sanctions in an amount of $5,000 or less is not appealable until entry of a final judgment in the action. (CCP §904.1(b).) But what if the sanctions arise from a discovery dispute…more
The most significant changes to California construction law in decades will become law on July 1, 2012. Owners, builders, developers, design professionals, contractors, subcontractors, suppliers and laborers rely on mechanics'…more
"Some appeals are filed to delay the inevitable. This is such an appeal. It is frivolous and was dead on arrival at the appellate courthouse."
So begins the recent decision in Brown v. Wells Fargo Bank, NA (2012) 204…more
As of January 1, 2012, Employers are obligated to provide a written disclosure to new employees regarding basic employment information…more
Contracts for design services often require the parties to resolve any dispute through arbitration instead of traditional State court litigation. In fact, the Standard Form Agreement between architect and owner (AIA document…more
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