Search Results for 'appellate'

California’s “Right to Repair Act” Is Not the Exclusive Remedy for Homeowners

California’s “Right to Repair Act” Is Not the Exclusive Remedy for Homeowners

The fairly recent decision in Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC examined the act and its legislative history and, somewhat surprisingly, narrowly construed SB 800.

Admissibility of a Plaintiff’s Immigration Status in California Employment and Personal Injury Cases

Admissibility of a Plaintiff’s Immigration Status in California Employment and Personal Injury Cases

Undocumented workers may be more incentivized now to seek redress for wrongful employment practices, notwithstanding their immigration status.

Out to Sea Without An Anchor? Analyzing Emotional Distress Damages Without Corresponding Economic Damages

Out to Sea Without An Anchor? Analyzing Emotional Distress Damages Without Corresponding Economic Damages

By all accounts, emotional distress is legally and physically tangible. When it legally exists, the challenge is evaluating how much an employer should pay for it.

Attorney Participation in Breach of Trust

Attorney Participation in Breach of Trust

The Court of Appeal held that the active concealment, misrepresentation to the court, and self-dealing for personal financial gain by an attorney amount to participation in breach of trust.

Inside Guest Editor’s Column: April 2014

Inside Guest Editor’s Column: April 2014

This issue, traditionally covering only family law, was expanded to encompass other areas of law that overlap with family law.

How To: Writs of Attachment in Financial Elder Abuse Litigation

How To: Writs of Attachment in Financial Elder Abuse Litigation

This article provides a step-by-step explanation of how to obtain and implement a writ of attachment in a financial elder abuse case.

The Burwell Burden – New Criteria for Valuing Term Life Insurance

The Burwell Burden – New Criteria for Valuing Term Life Insurance

R. Ann Fallon interviews Matt Taddei, a Life Insurance Expert, regarding the controversial recent Appellate Court decision, In re Marriage of Burwell.

Forging into Unchartered Territory with the Law on Abuse of Dependent Adults

Forging into Unchartered Territory with the Law on Abuse of Dependent Adults

Practitioners should keep a watchful eye on the evolution of the case law on the definition of “dependent adult” under the EADACPA and Penal Code.

Technology: Don’t Fear It, Embrace It

Technology: Don’t Fear It, Embrace It

If you don’t embrace technology, you will probably be left behind. The following websites and email services are helpful in making hardware and/or software decisions…

Updates on Alternative Dispute Resolution

Updates on Alternative Dispute Resolution

Effective July 1, 2014, a new disclosure requirement has been added to Ethics Standard 7.

View of the Court: A Freelance Court Reporter’s Perspective

View of the Court: A Freelance Court Reporter’s Perspective

So how do you BYOCR? Schedule your court reporter through a court reporting firm ahead of time.

Unintended Consequences of ADR

Unintended Consequences of ADR

The renaissance of alternative dispute resolution (ADR) in California civil law in the last 30 years has generated an extraordinary rippling effect of five unintended consequences.

Meet Your 2014 Section Leaders

Meet Your 2014 Section Leaders

Meet the chairs of our 20 sections and find out why you should join…

Probate Perspective - 2013 Year in Review

Probate Perspective – 2013 Year in Review

The division experienced no structural changes during the past year. The same level of resources should be available for the division in the coming year.

When Tax Collectors Were Paid on Commission – An Abbreviated History of California Tax

When Tax Collectors Were Paid on Commission – An Abbreviated History of California Tax

California outnumbers the United States three to one. How did this happen?

Making Rain!

Making Rain!

No matter what the attorney’s personal goal, in order for her to secure promotion, power, equity, independence, control, leadership or simply job security, women lawyers must secure their own books of business to have a seat at the table.

Conflicts in Courtroom Couture

Conflicts in Courtroom Couture

A rich history of case law elucidates the tension between trendy courtroom couture and traditional norms of attorney attire. The next chapter in the conflict between personal fashion choices and professional decorum has begun.

Improving Legal Education: Practical Lawyering Skills

Improving Legal Education: Practical Lawyering Skills

More than five years ago, the JFK law faculty determined that the traditional doctrinal law curriculum was not sufficient to meet the educational needs of its students. Courses designed to provide training in practical lawyering skills throughout the course of study have been added to the curriculum.

Coffee Talk: What do you wish you had learned in law school?

Coffee Talk: What do you wish you had learned in law school?

I wish I had learned more concrete practical things in law school. For example, in Civil Procedure, I would have liked to have at least seen an example of a pleading or a discovery request …

What You Should Know About The Private Attorney General Act

What You Should Know About The Private Attorney General Act

Although most California employment attorneys are no doubt familiar with the Private Attorney General Act of 2004 (PAGA), they may not fully understand what the PAGA is or grasp how it works. This article summarizes what every California employment attorney should know about PAGA, regardless of whether they are actively litigating such claims.