Checklist: Does the Anti-SLAPP Statute Apply?

533402213An anti-SLAPP motion to strike is generally available when one of the causes of action in a case is based on an act of a person in furtherance of the person’s constitutional right of petition or free speech in connection with a public issue. CCP §425.16(b)(1). That may sound straightforward, but it can actually be tricky to determine if the statute applies to a particular cause of action you want to attack. Here’s a handy checklist to take you through the determination of whether an anti-SLAPP motion may be on the table. Continue reading

7 Tips for Making Supporting Memos More Persuasive

Almost all motions and demurrers must be supported by a memorandum. Cal Rules of Ct 3.1113. Your supporting memorandum convinces the judge that the law and facts support the order you want. The objective is to persuade—the memo may be your main shot at doing so, as judges issue a tentative ruling or come to the hearing with a ruling in mind based on the motion and response papers. Continue reading

5 Ways to Challenge a Grant of Summary Judgment

fivesteps_140389068When a summary judgment motion is granted and you’re representing the opposing party, you have a few choices in how to respond. You can challenge the grant directly in the trial court by one of four motions or wait to appeal after the final judgment. Here’s a handy checklist to help you determine which tactic is available and most appropriate. Continue reading

Use a Focus Group Before Every Trial

If a full-blown mock trial is out of your budget, then get a focus group together. For the cost of $50 per juror plus pizza, you could spend the most productive and useful evening of your trial preparation. Continue reading

2 Reasons to Go for Defendant’s Default

ThinkstockPhotos-158687666A default occurs when a defendant served with a complaint doesn’t file the appropriate response within the time allowed. CCP §§585–586. After a defendant is in default, a plaintiff may file a request for entry of default and then apply for a default judgment. Here are two practical reasons to seek entry of default and default judgment. Continue reading

Prepare for Case Management Conferences in 4 Steps

ThinkstockPhotos-477805217In the past, most California superior courts routinely held trial-setting, pretrial, arbitration status, and status conferences. Delay reduction rules put a stop to this practice, consolidating all of these into a comprehensive conference that occurs in the first 180 days after the complaint is filed. Cal Rules of Ct 3.721. And woe to any attorney who comes to the conference unprepared! Take some of the stress out of preparing for your next case management conference by using these four steps. Continue reading

Phone It In: How to Appear by Telephone

ThinkstockPhotos-101720876Want to avoid traffic, parking, and court security checkpoints? Appear at a hearing by telephone! Continue reading

%d bloggers like this: