Chart: Compare Summary Judgment to Other Motions

Apple to OrangeWhen considering whether to move for summary judgment or summary adjudication, always assess whether there are better procedures available for narrowing the issues or terminating the litigation. Keep the following chart handy to help you compare summary judgment and adjudication motions with alternative dispositive motions available under California law. Continue reading

Say It Early and Often

78724287The most important concept to remember in organizing your statements to the jury, whether during opening statement or closing argument, is the “rule of primacy”: Jurors tend to believe what they hear first and most frequently. Continue reading

Watch Out for Probationary Employees Getting Implied Contract Rights

thinkstockphotos-537228660Employers often set up an “introductory” or “probationary” period for initial evaluation of new employees. There’s often a performance evaluation at the end of this period, and employers may believe they have every right to let an employee go if this evaluation is negative. But watch out: Unless employers take the proper precautions, probationary periods may create implied contractual rights to employment on successful completion of the probationary period. In other words, employers may be stuck with the employee despite a poor post-probationary period evaluation. Continue reading

4 Tips for Finding the Right Interpreter

thinkstockphotos-498555620When a witness can’t understand or communicate in English, you need to get an interpreter. Evid C §752(a). It’s not as simple as just finding someone who speaks the same language as your witness. But getting the right interpreter is much easier if you follow these four tips. Continue reading

IRS Left Holding the Bag After Investors Madoff with Millions

tax_100889473How much is a fictitious brokerage account worth, and what happens when it loses value? The IRS and the Tax Court have struggled with issues arising from the Bernie Madoff scandal. The answer may depend on when (and how) you ask the question. Continue reading

Something’s Come Up: Getting a Trial Date Continuance

140044171“[T]he dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Cal Rules of Ct 3.1332(a). But things come up, and attorneys sometimes need to request a continuance of the trial date. Here’s how it’s done. Continue reading

CEBblog’s Most Popular Posts of 2016

thinkstockphotos-607481982Thanks for reading, commenting, and sharing CEBblog™ this year!

We hope you find something useful and interesting in each of the 5 most popular posts from 2016:

Here’s to a happy and healthy New Year from all of us at CEB!

© The Regents of the University of California, 2016. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

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