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…
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…
Happy holidays! Tis the season for joy, warm thoughts, and a process server in your reception area? While undoubtedly unwelcome and surprising, holiday-related complaints, claims, and lawsuits are all too common amongst employers. Holidays tend to evoke emotions for many people; most of these emotions are positive and healthy. However, some Read more…
Before reviewing the steps one should take to evaluate an appeal of a lower adjudicator’s decision, it is important to note that an appeal is almost never a re-trial. Meaning, rarely does an appeal provide you with an opportunity to retry the facts of the case. In actual, judicial branch, Read more…
Our short take – no, never, please don’t, and please avoid at all costs. However, if you must be provided with more explicit reasons, please know that lying to your attorney is really a lose-lose situation. Lying to your attorney is perhaps the most counter-productive thing you can possibly do. Read more…
Hypothetical Plaintiffs serve discovery requests for special interrogatories and production of documents on your clients, the Defendants. At the time, you had just undergone a planned surgery and thus were in no shape to be able to timely respond. As a result, you request and are granted several extensions to Read more…
A protective order is a means by which the court shields a party, deponent, or other natural person or organization from “unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” In the context of litigation, it is often used by the parties to limit the scope, frequency or method Read more…
Updates to the local rules for the Superior Court of California, County of Sacramento, went into effect on January 1, 2014. A “redlined” version of the rules can be found here, noting all changes that went into effect earlier this week. In addition, new judicial assignments to Civil Cases went Read more…
Labor Code § 203 governs “Waiting Time” penalties in the state of California. This penalty is assessed when an employer fails to timely pay an employee all wages accrued upon termination or after resignation of his or her employment. California courts have a long history of strictly enforcing the waiting Read more…