A new law that goes into effect on the New Year (January 1, 2016) will require counsel to meet and confer before filing a demurrer to any pleading (i.e. complaint, cross-complaint, or answer). Specifically, at least 5 days before a responsive pleading is due, counsel will be required to meet Read more…
Under the American Rule of attorney fees in civil litigation, every party—even the party prevailing—must pay its own attorney’s fees. Unless specific authority granted by statute or contract allows the awarding of accrued attorney fees against the other party, each party in a lawsuit is responsible for paying its own Read more…
As the business world has turned increasingly tech-savvy, more and more employees—even run-of-the-mill support staff—are exposed to what businesses consider “confidential, proprietary, or trade secrets.” To protect the business, many employers have been advised by their attorneys to require employees to sign confidentiality agreements at the time of being hired Read more…
A temporary restraining order (TRO) is a form of extraordinary emergency relief granted by the court to preserve the status quo to the requesting party. The requesting party must show must show that denial will result in irreparable injury to the moving party before the matter can be heard on notice Read more…
When a party is harmed, that typically gives rise to a claim for damages. However, an express limitation to the extent of recovery for those damages is those that could be avoided by the injured party engaging in reasonable and ordinary care after the harm. The failure of the injured Read more…
Effective December 2010, California enacted an Auto-Renewal Law (“ARL”), Business & Professions Code sections 17600-17606, in an effort to end the practice of ongoing charging of consumers, without their explicit consent, for continuing services or products. Prior jurisprudence under the California Unfair Competition Law, Business & Professions Code §17200,et seq., Read more…
When a party or attorney is confronted by a motion by the opposing party or opposing counsel, the primary focus is usually on what they are attempting to accomplish. And that is absolutely appropriate – what if upon review you determine that your client does not oppose or actually agrees Read more…
California law provides specific and strict requirements that must be complied with in order to properly notice a deposition in a case filed in a California Superior Court. A review of these requirements must be included in any litigation discovery plan, whether deposing or preparing for a deposition.. Notice of Read more…