If you represent an organization that gets served with a deposition notice under CCP §2025.230, you’ll need to designate “persons most knowledgeable” (PMK) to show up. This can be complicated, particularly if such employees are no longer with the organization or if the organization serves so many customers that getting called into depo in every case would be onerous. Never fear: the first problem can be dealt with by preparing current employees to speak to the issue, and the second may be eliminated by the courts. Continue reading
Did you know that, if you advertise your legal services on the Internet—and that includes having a firm website or using social media—you have to keep a copy of all the webpages for two years? Continue reading
In addition to the embarrassment factor for counsel and the extra time and expense involved, a rejected corporate filing can throw a wrench into what would otherwise be an orderly sequence of events in a transaction. To avoid all of these problems, be mindful of the following reasons why common types of filings get rejected by the California Secretary of State.
Based on public policy considerations, some types of potentially relevant evidence can’t be used at trial. One example is subsequent remedial or precautionary measures taken after an accident or other event, which, if it had been done before the event, would have tended to make it less likely to happen. Evid C §1151. Repairs and fixes can’t be used against a defendant unless it fits within an exception to the rule. Continue reading
The following is a guest blog post by James C. Anderson of Triebsch & Frampton, PC in Turlock, California. Mr. Anderson practices in the areas of labor law, employment law for management, business transactions, and civil litigation.
Existing law left health care employers in the quagmire of a conflicting statute and wage orders when it came to employees’ meal period waivers on work shifts exceeding 12 hours in a workday. But Governor Brown has signed urgency legislation (SB 327) that clarifies the law and puts wage orders firmly in control. Continue reading
When it comes to fee disputes, the best line of defense is always prevention. So it’s key to reach a clear understanding about fees with each prospective client before entering a representation agreement. But what should you do if a client refuses to pay what’s rightfully owed, even after efforts to resolve the matter amicably?
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
A court-ordered parenting plan governs how parents will share the “care, custody and management of their child,” a fundamental liberty interest recognized by the United States Supreme Court. This liberty interest encompasses parents’ interests in religious freedom and their right to teach and share their religious beliefs and practices with their children. What happens when each parent wants their child to share very different religious and cultural traditions? Continue reading