- Civil Litigation -
The Federal Arbitration Act (FAA) governs arbitration in written contracts involving interstate commerce. The party asserting FAA preemption has the burden to present evidence establishing a contract affecting interstate commerce....
A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both...
A lawsuit is often brought against a primary defendant, but names other defendants who may be vicariously liable on theories like agency or conspiracy. If the primary defendant signed an...
In a recent legal malpractice case, the plaintiff sought services from the VA in Los Angeles. During those services, a VA social worker initiated a sexual relationship with her, which...
- Uncategorized -
The two truisms of taking discovery of the other party’s private financial information: Relevance alone is not enough to compel disclosure; and, courts must engage in balancing in deciding what...
An agent is one who represents another, called the principal, in dealings with third persons. (Civ. Code, § 2295.) In California, an agency is either actual or ostensible. (Civ. Code,...
For various reasons, a defendant may make successive CCP 998 offers during the pre-trial phase of litigation. If the matter goes to trial and plaintiff does not obtain an outcome...
Under section 128.7, a court may impose sanctions if it concludes a pleading was filed for an improper purpose or was indisputably without merit, either legally or factually. Bucar v....
Once an amended complaint is filed, it supersedes all prior complaints. State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130. In other words, after an amended complaint...
California law allows lawsuits against unnamed defendants (the “John Doe” or “Doe” defendant) if the plaintiff doesn’t know the real defendant’s identity when the lawsuit is originally filed. Once the...
Certain pregnant workers have the legal right to an accommodation under federal law–The Pregnant Workers Fairness Act (PWFA). The Law The PWFA is a new law (starting June 27, 2023)...
Disagreement exists among appellate courts on whether the bar to amending a complaint takes effect immediately after a defendant files an anti-SLAPP motion or only when the court indicates the...
The ADEA prohibits an employer from discharging any individual (at least 40) or otherwise discriminating against him with respect to his compensation, terms, conditions, or privileges of employment, because of...
- Appeal -
A party who prevailed at trial is generally not aggrieved by the judgment and should not file an appeal or cross-appeal. Moreover, the trial court’s ruling on a motion for...