News & Analysis as of

Cal Code of Civil Procedure

Torts: Changes to CCP §340.1 Did Not Change Deadline for Submitting Claims to Public Entities

by Low, Ball & Lynch on

Latrice Rubenstein v. Doe No. 1 et al. - SUPREME COURT OF CALIFORNIA, 3 Cal.5th 903 (August 28, 2017) - Code of Civil Procedure §340.1(a) provides that an action for damages suffered as a result of childhood sexual...more

This California Court Held That A Limited Partnership Is No Person

by Allen Matkins on

In preceding posts, I commented on the multifarious definitions of “person” in the Securities Act of 1933, the Exchange Act of 1934 and various laws within the California Corporations Code. As noted, the Corporations Code’s...more

Lease-Leaseback Battle Continues as First District Court of Appeals Sides with Contractor and School District

Earlier, we wrote about Davis v. Fresno United School District (2015) 237 Cal.App.4th 261, a Fifth District California Court of Appeals decision that sent shock waves through the school construction industry and raised...more

Court Of Appeal Holds LLC’s Former Counsel May Represent Insider Defendants In Derivative Suit

by Allen Matkins on

Derivative actions can be somewhat confusing. Although the entity is essentially the plaintiff, it is named as a defendant. Initially, one might question why must the corporation be named as a party? I can think of at...more

California Supreme Court Gives PAGA Plaintiffs Broad Right to Contact Information; Recognizes Employee Burden to Show...

On July 13, 2017, the Supreme Court of California issued a unanimous opinion in Williams v. The Superior Court of Los Angeles County (Marshalls of CA, LLC), holding that a representative plaintiff in a Private Attorneys...more

California’s Anti-SLAPP Statute: A Potent, Yet Confounding, Weapon

by Miller Starr Regalia on

Lawsuits designed to chill the valid exercise of the constitutional right of free speech or the right to petition, denominated as “strategic lawsuits against public participation” (or “SLAPP” suits), have taken on increasing...more

California Court of Appeal Clarifies a Judgment Creditor's Right to Third Party Discovery in Aid of Enforcement of Judgment

by Allen Matkins on

In Yolanda's, Inc. v. Kahl & Goveia Commercial Real Estate, 11 Cal. App. 5th 509 (2017), the California Court of Appeal recently affirmed a judgment creditor's right to seek third party discovery in aid of enforcement of a...more

Does Work Product Belong To The Lawyer Or The Law Firm?

by Allen Matkins on

California has codified the attorney work product doctrine in Section 2018.030 of the California Code of Civil Procedure. That statute establishes two categories of protected work product. Under subdivision (a), a “writing...more

Fictitious Name Use Fails To Engender Standing Or Jurisdictional Issue

by Allen Matkins on

California Code of Civil Procedure Section 367 requires that every action must be prosecuted in the name of the real party of interest. What happens when a plaintiff sues under a fictitious business name of a dissolved...more

Standing in the Shoes of a Suspended Corporation under California Law

A California Court of Appeal recently provided a reminder that under Code of Civil Procedure § 368, assignment of a right to recover money or other personal property (“a thing in action”) is subject to any defense existing at...more

Does Your 998 Offer to Compromise Include Attorneys’ Fees and Costs?

by Snell & Wilmer on

In California, the “prevailing party” in litigation is generally entitled to recover its costs as a matter of law. See Cal. Code Civ. Proc. § 1032. But under California Code of Civil Procedure section 998, a party may make a...more

Officers Of Foreign Corporations And The California Courts

by Allen Matkins on

Yesterday’s post concerned Section 2116 of the California Corporations Code. Courts sometimes describe Section 2116 as codifying the internal affairs doctrine. See, e.g., Vaughn v. LJ Internat., Inc., 174 Cal. App. 4th 213,...more

Enforcing a Jury Trial Waiver in California: An Impossible Task?

It is not uncommon for parties to enter into agreements containing jury waiver provisions. However, enforcing such provisions in California courts may be a losing battle. California has a strong public policy in favor of the...more

Expert Opinions are Excluded from Summary Judgment if Disclosure Requirements not Met

by Low, Ball & Lynch on

Wilson Dante Perry v. Bakewell Hawthorne, LLC - Supreme Court of California 2 Cal. 5th 536 (February 23, 2017) - After a trial date is set, a party may demand a simultaneous exchange of expert witness information by all...more

Defendants Cannot Compel Plaintiff to Receive a Vocational Rehabilitation Examination

by Low, Ball & Lynch on

Mohammed Haniff v. The Superior Court of Santa Clara County - Court of Appeals, Sixth Appellate District (March 18, 2017) 9 Cal.App. 5th 191 - When a personal injury plaintiff claims he or she can no longer perform...more

Torts-Damages for Cutting Trees

by Low, Ball & Lynch on

The CA Court says that willfully and intentionally cutting down your neighbor’s tree is a ‘treble’ thing for noneconomic damages if it annoys/disturbs your neighbor. Jeanette E. Fulle v. Kaveh M. Kanani - Court of...more

Section 998 Update - What every lawyer should know about the latest interpretations of California's cost-shifting settlement...

Given the fact that the vast majority of litigated cases eventually settle, it makes sense to posture your client to be in the best position to cause that result to materialize, and to be in a good position if it doesn’t. ...more

Defense has no Right to a Vocational Rehabilitation Examination

Woodland Hills personal injury attorney Barry P. Goldberg is a strong proponent of vocational rehabilitation for his injured clients that are no longer able to perform their jobs as a result of their injuries. In addition,...more

Do Settlement Agreements Need to Be Approved by the Court?

by Ervin Cohen & Jessup LLP on

QUESTION: As receiver, I sued a third party to collect funds owed to the entity in receivership. I have settled the lawsuit. ...more

Foreclosures – Enforcement of Judgments – Equitable Redemption

by Low, Ball & Lynch on

Yung-Shen Steven Lee v. Howard Rich - Court of Appeal, Fourth Appellate District (November 30, 2016) - In 1982, the California Legislature enacted the Enforcement of Judgments Law (“EJL”), Code of Civil Procedure...more

Government Tort Claims Act – Claims Presentation Requirements

by Low, Ball & Lynch on

Emma Esparza v. Kaweah Delta District Hospital - Court of Appeal, Fifth Appellate District (September 21, 2016) - The Government (Tort) Claims Act (the “Act”) mandates that all claims or damages against a public...more

How to Respond To Third Party (Non-Government) Civil Subpoenas And Document Requests That Ask For Personal Information

by Bryan Cave on

Litigants in a civil dispute often use subpoenas, subpoenas duces tecum, and discovery requests to obtain personal information about individuals who may not be present in the litigation. A request for documents and...more

Anti-SLAPP Applies to Concealment Claim

by Hinshaw & Culbertson LLP on

Suarez v. Trigg Laboratories Inc., Court of Appeal, Second District, Division 4, California, September 7, 2016, Case No. B26511 - The California Court of Appeal for the Second District holds that anti-SLAPP statute...more

Suspended And Dissolved Corporation Still Defaulted

by Allen Matkins on

The story is straightforward; the legal ramifications are not: The plaintiff sued a corporation. Before the lawsuit was filed, the Secretary of State had suspended the corporation and then the corporation was...more

This Case Caused Me To Take Stock

by Allen Matkins on

I recently came across Fukuda v. Nethercott, 2016 U.S. Dist. LEXIS 92462 (D. Utah, July 15, 2016). The case involved claims by the plaintiff that the defendants had sold him securities in violation of the registration...more

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