Posted on October 26, 2016 by Robert Denham, Esq
So you have a money judgment, but the debtor dies before you can collect. Never mind. You still have a judgment lien on the debtor’s estate. Right? Continue reading
Filed under: Appeals/Post-Trial Matters, Business Law, Estate Planning, Legal Topics, Litigation Strategy, New Legal Developments | Tagged: debtor, probate, creditor, enforcing a judgment, money judgment, debtor's estate, death of debtor, judgment lien | Leave a comment »
Posted on October 24, 2016 by Julie Brook, Esq.
Your opening statement is an opportunity to be creative and show your personal style. But as defense counsel, there are points you’ll always want to make; using an outline will help you to stay focused and organized. Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: defense attorney, defense counsel, jury, opening statement, trial, trial preparation, trial presentation | 1 Comment »
Posted on October 19, 2016 by Julie Brook, Esq.
You’re dealing with a debtor who won’t pay up and you decide to garnish his or her wages. It’s a very technical process, but these seven steps break it down. Continue reading
Filed under: Civil Litigation, Employment Law, Legal Topics | Tagged: creditor, debt collection, debt payment, debtor, enforcing a judgment, judgment, wage garnishing | 2 Comments »
Posted on October 17, 2016 by Julie Brook, Esq.
Unless the deposition is video or audio recorded, the record won’t reflect nonverbal responses. This can be a problem if the nonverbal response is material. Here’s how it comes up and how you can deal with it. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics | Tagged: debosition abuse, deposition, deposition record, discovery, nonverebal responses, recording deposition | Leave a comment »
Posted on October 14, 2016 by CEB
The following is a guest blog post by Bahaneh Hobel, a partner in the Alcohol Beverage and Wine Law groups at Dickenson Peatman & Fogarty in Napa. Bahaneh’s practice focuses exclusively on all aspects of alcohol beverage law and regulation for wineries, breweries, distilled spirits plants, importers, wholesalers, and retailers.
Many of us have attended “passport events” where you buy a glass, wrist band, or passport that gets you access to wine tastings at various locations and often include a party at a central event location. These “event passports” are often sold by marketing agencies or winegrower associations promoting the event. But these marketing or supplier organizations selling the tickets or passports don’t generally have licenses from the California Department of Alcoholic Beverage Control (ABC). So, how can they do it? And what happens when multiple wineries participate or pour at an event at one location?
Filed under: Business Law, Legal Topics, New Legal Developments | Tagged: alcohol licensure, California Department of Alcoholic Beverage Control, passport events, temporary daily license, wine law, wine tasting | Leave a comment »
Posted on October 5, 2016 by Julie Brook, Esq.
A witness’s deposition can be used for impeachment (i.e., to attack the witness’s credibility) by showing that the testimony on the stand isn’t consistent with the deposition testimony or “for any other purpose permitted by the Evidence Code.” CCP §2025.620(a). The quoted language permits the deposition to be used to show both prior inconsistent statements (Evid C §1235) and prior consistent statements (Evid C §1236). Next time you have depo testimony that will impeach a witness, follow these 10 steps. Continue reading
Filed under: Civil Litigation, Discovery, Evidence, Legal Topics, Litigation Strategy, Trial Strategy | Tagged: deposition, deposition transcript, impeaching a witness, introduction of evidence, trial, trial evidence, witness | 3 Comments »