News & Analysis as of

The Necessity of Trial Transcripts in Appellate Proceedings

A COMPLETE TRIAL RECORD is essential to presenting an effective appeal because appellate courts have no independent means of obtaining knowledge of the cases brought before them for review. The California court of appeal...more

Disability Access – Application of Disabled Persons Act and Unruh Act – Service Animals

Seth Flowers, et al. v. Brinda Prasad, et al. - California Court of Appeal, Second Appellate District (July 17, 2015) - The Unruh Civil Rights Act and Disabled Persons Act vary in their provisions. The Court of...more

Conclusory Allegations Held Insufficient to Support Declaratory Relief on Right to Independent Counsel or Allocation of Defense...

In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. E060057, filed 5/22/15), a California Court of Appeal held that a developer’s declaratory relief lawsuit seeking a declaration of the right to independent counsel was...more

New Decision Examines the Scope of Constructive Discharge

On December 31, 2013, in Vasquez v. Franklin Management Real Estate Fund, Inc., the California Court of Appeal held that a maintenance technician, who alleged that he was constructively discharged in violation of public...more

Court Decides Demurrer To Derivative Suit – What About California Law?

Yesterday, the California Court of Appeal affirmed California Superior Court Judge James P. Kleinberg’s judgment sustaining a demurrer in a shareholder derivative action against the officers and directors of Yahoo! Inc. ...more

Another Exception to Fraud and Contract Don't Mix

Christopher Hill, LEED AP and Virginia construction lawyer discusses a recent case concerning construction and an exception to the Virginia economic loss rule, namely fraud in the inducement....more

No Relief Under CCP Section 473 For Missed Filing Deadline In CEQA Challenge

Alliance for the Protection of the Auburn Community Environment, et al. v. County of Placer, SCV0028200 (3rd Dist., February 18, 2013). In Alliance for the Protection of the Auburn Community Environment v. County of...more

Lessons From 2012 About California Appellate Procedure

Appellate courts invariably face lawyers who fail to follow the rules that govern appeals. Learned Hand famously threw a 150-page brief over the bench and onto counsel's table after exclaiming that he would not read it...more

Symantec Beats Litigation Challenging Proxy Disclosures For Annual Meeting

A California court recently granted Symantec’s demurrer in a lawsuit that challenged its proxy statement disclosures in connection with an annual meeting. For those of us who haven’t been to law school recently, a demurrer...more

When is Late Too Late?

The statute of limitations defense seems simple: when a party has waited too long to bring a claim, the claim is barred by the passage of time prescribed by the Legislature. Complexity arises when the following factors are...more

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