Search Results for 'litigation'

October 2014 - Litigation/Bankruptcy

October 2014 – Litigation/Bankruptcy

Highlights of the October 2014 Contra Costa Lawyer edition include articles on bankruptcy, the Sham Guaranty Defense, Right to Repair Act, equity stripping and more.

What to Do if Your Civil Litigation Client Files Bankruptcy

What to Do if Your Civil Litigation Client Files Bankruptcy

The answer definitely is not to continue with the litigation as though nothing has changed.

Alternative Litigation Funders

Alternative Litigation Funders

Litigation funders also argue that they are like insurance companies, but insurance companies are highly regulated, and funders are not regulated at all. Moreover, insurance companies don’t charge 40 percent a year.

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.

Guest Editor's Column, October 2014

Guest Editor’s Column, October 2014

Sometimes you are at the corner of “I have a great case I am working on,” and “Oh no! My client just filed bankruptcy!” What do you do?

An Interview with Chapter 13 Trustee Martha Bronitsky

An Interview with Chapter 13 Trustee Martha Bronitsky

Since the Bankruptcy Abuse Prevention and Consumer Protection Act was passed, practicing in the bankruptcy field has been a lot more exciting.

Sham Guaranty Defense and the Effect of Lawlor

Sham Guaranty Defense and the Effect of Lawlor

While Lawlor seems to be applying a standard of “no legal separation” for application of the sham guaranty defense, none of the cases cited by Lawlor use that phrase.

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.

Equity (and Equity Stripping) is Back

Equity (and Equity Stripping) is Back

Defendants in these cases can and should be informed that there is a real possibility of a recovery for a victim’s pain and suffering, in addition to special damages, punitive damages and attorneys’ fees.

The Real Story About the LA Stip

The Real Story About the LA Stip

Whenever I have asked any attorney from LA why they do the stip, the answer is the same: “I don’t know why. That’s just the way we have always done it.”

The Bankruptcy Pro Bono Project

The Bankruptcy Pro Bono Project

With no budget and a lot of support from the county’s legal community, it has served the needs of many of the county’s citizens.

The Perfect Family

The Perfect Family

In prior “Stories from the Bray Building,” Judge Carlton encountered Three Strikes, mental health, legal ethics, incarceration and contentious civil litigation. Now he presides over a difficult civil trial.

It's About People

It’s About People

I’d like to take this opportunity to give a heartfelt THANK YOU to Lisa Reep, who will be retiring this month as Executive Director.

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.

Rockin’ the Joint Session

Rockin’ the Joint Session

Are you missing opportunities to resolve your employment litigation because you decline a joint session during mediation?

You Won! Now What? Three Tips When Applying for Prevailing Party Fees

You Won! Now What? Three Tips When Applying for Prevailing Party Fees

However you do it, you need to convince the court that you won the case.

Employment Law at the Movies: You Can't Go Wrong Watching These Workplace Documentaries

Employment Law at the Movies: You Can’t Go Wrong Watching These Workplace Documentaries

“Inequality for All”: This movie adds new perspective to this year’s discussion on raising the federal minimum wage.

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.

Law Practice Management and Organizational Theory

Law Practice Management and Organizational Theory

An organizational theory framework prompts us to think critically and systematically about choices and challenges us to ask if the firm’s structure or internal routines should be adjusted.