Litigation

• 09.02.10

  Mediation a Must in Resolving California Real Estate Disputes

  The standard California Association of Realtors (“CAR”) contract for the purchase and sale of real estate often contains a clause which requires that a party mediate before litigating as a condition to recovering attorneys’ fees.
• 06.07.10

  So You Think You're An Expert?

  Most complicated civil lawsuits contain an array of issues that are deemed beyond the understanding or experience of most laypersons. In these situations, those laypersons, judges and juries require explanations from “experts” in a given field.
• 05.25.10

  California Court Upholds Strict Contractor Licensing Rule

  Two recent Court of Appeal opinions remind general contractors in California of the critical importance of being properly licensed during all phases of a construction project.
• 05.20.10

  Protected or Not? The Status of Attorney-Recorded Witness Statements After the Fifth District’s Decision in Coito v. Superior Court

  Fundamental in preparing a case for trial is interviewing witnesses. Such interviews are vital and often lead to major discoveries in one’s case. Prior to the Coito decision attorneys were aware that work produced during the interview process was protected by the attorney work-product doctrine codified in Code of Civil Procedure Section 2018.030, which protects an attorney’s work-product, in other words, litigation strategy, from disclosure to the other side during the course of litigation. That is, an attorney could pursue witness interviews freely with the understanding that the attorney’s thoughts, impressions and conclusions would be protected from disclosure to the opposing side.
• 04.27.10

  What Happens in Mediation Stays in Mediation - Or Does It?

  If you are involved in litigation, it is likely you will confront a settlement conference or a mediation at some point in the case.
• 06.30.09

  Recent Defamation Lawsuits Resulting From Internet Reviews: Options When Your Business Is Negatively Reviewed

  Many of the seminal cases in defamation law have arisen out of articles published in newspapers. However, in today’s world of Web 2.0, where websites such as Yelp.com (“Yelp”), have turned the average person into an online publisher, the law of defamation may be changing.
• 04.15.09

  Director's Rights During a Business "Divorce" May Not Be Absolute

  Under California law, directors of a corporation have an "absolute" right at any reasonable time to inspect and copy documents of "any kind" relating to that corporation. California Corporation Code §1602. This seemingly unlimited inspection right empowers directors to know the "ins and outs" of a company in order to work -- impartially -- in the best interests of its shareholders.
• 04.15.08

  Alternative Dispute Resolution Basics: Knowing the Differences - The First Step Toward Achieving Your Desired Outcome

  Arbitration. Mediation. Binding Private Arbitration. Nonbinding Court-Mandated Mediation. Neutral Case Evaluation. These terms are just a few of the many terms that are used very loosely in both public and legal parlance.
• 10.15.05

  California Supreme Court Reaffirms Harsh Contractor Licensing Scheme

  The California Supreme Court recently reaffirmed, clarified and extended the state's strict licensing scheme regulating all contractors performing work in the state.
• 02.03.05

  How To Deal With Preferential Transfer Claims In Bankruptcy

  Have you ever received a notice from a bankruptcy debtor or a bankruptcy trustee demanding the return of monies or the value of property transferred to you by the debtor within ninety days of the date the bankruptcy was filed?