Timing Your Requests for Admission

ThinkstockPhotos-487826116 (1)One of many tactical decisions you need to make in litigation is when to serve requests for admission. Timing may be key to getting what you need. Continue reading

Backsies! When Can You Rescind a Real Property Purchase Agreement?

ThinkstockPhotos-527074543 (1)You buy a house and then discover that the seller didn’t disclose a material fact about the property—say, the sewage system you thought was owned by the city was actually owned by 13 different residents in the area, and you’re now on the hook for maintenance costs. Compounding matters, the house’s value has dropped significantly since you bought it. What do you do? Try to rescind the sale contract.
Continue reading

3 Ways to Improve Trial Pacing

78724287One of the cornerstones in trying a good case is pacing. The attorney who proves everything proves nothing. It’s imperative that your case be pared down to its essential elements and presented concisely. Continue reading

Stop Trade Secret Thieves Before They Leave

ThinkstockPhotos-482975110One of the most likely times to lose trade secret protection occurs when an employee leaves the company. If there are feelings of resentment, the employee may want to harm the employer, or the employee may mistakenly feel that he or she will be more valuable to a new employer by bringing such information. Regardless of reason or intention, companies need a trade secret protection plan in place to prevent trade secrets from leaving with their employees. Here are some tips for adding protection to the exiting process. Continue reading

Cautionary Tale: When a Stipulated Continuance Won’t Save You from Untimeliness

170446161A recent case shows what happened when counsel stipulated to a continuance that took the ruling on a motion to vacate a default judgment past the jurisdictional time limit. It’s the tale of a big win, followed by a crushing loss. And it was an issue of first impression, so arguably counsel couldn’t have seen it coming. Continue reading

How to Authenticate a Social Media Post

493533923Despite its relationship to new technologies, electronic evidence, including social media evidence, is actually treated the same as traditional forms of evidence in terms of admissibility. You can’t get it in without proper authentication. Here’s how it’s done with social media posts.

 

Continue reading

Can a City or County Make It a Crime to Cultivate or Use Medical Marijuana?

ThinkstockPhotos-183575355Since the legalization of medical marijuana in California 20 years ago, some cities and counties have found ways to keep it out. Are their land use powers still powerful enough to do it? Continue reading

Wage and Hour Law Continues to Be Hot

ThinkstockPhotos-475133274The number of federally filed wage and hour cases hit a new high in 2015, and, as Corporate Counsel reports, this trend is likely to continue in 2016. Similarly, California’s Division of Labor Standards Enforcement is increasingly cracking down on employer wage and hour law violations. As employment lawyers see wage and hour cases becoming an increasingly large part of their practices, others may be looking to get into the area. Here are some basics to know and tips for those who represent multistate employers. Continue reading

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

New Law Resolves Jurisdiction Issues for Conservators

elderly_92034396We live in a mobile society, and conservatees are no exception. For example, an elder may have multiple residences, living in an out-of-state vacation home part of the year or moving among family members in various states. Or the child of a conserved parent may move to a new state, taking the parent along. And when there’s conflict, a parent may be taken from California to another state to be conserved beyond the reach of other relatives. In these situations, jurisdictional problems can leave families and attorneys uncertain of where and how to proceed. Luckily, a new law aims to resolve these issues. Continue reading