Checklist: Gathering Asset Information After a Trust Settlor Dies

After the death of the settlor of a single-person revocable trust, one of the trustee’s first tasks is to gather the information required to properly administer the trust and inventory the trust’s assets. This checklist makes it much easier to get everything needed. Continue reading

How to Analyze and Prove Breach of Contract Damages

When a contract has been breached and it’s clear that performance won’t continue, plaintiff’s counsel needs to consider what damages are recoverable before filing a complaint, and then how to prove them. Continue reading

The Key Case Unlocks No Contest Clause Litigation

A recent appellate decision provides a novel rationale for litigating no contest clauses that could be considered unenforceable under current law. Continue reading

How to Deal with a Hoarding Tenant

Hoarding in a rental unit can cause significant health and safety issues, such as pest infestations, mold problems, and increased fire risk. And these issues can go beyond the tenant’s unit to put other tenants at risk. So what can a landlord do about it? Continue reading

7 Topics Not to Discuss with a Job Applicant

When it comes to job applications and pre-employment interviews, there are certain topics that are off limits.  Here are seven topics to stay away from. Continue reading

Does Destroying a Will Revoke It?

One of the ways to revoke a will is by mutilation or destruction. But is ripping up or burning a will sufficient to revoke it? By itself, no. Continue reading

Who Can Be Served with Interrogatories?

Interrogatories are powerful—they allow you to ask questions and then use the answers at trial. But you’re limited as to who you may serve with interrogatories. Here are the four main categories of who can be served with interrogatories. Continue reading

Is the Government Liable When Earthquake Warnings Go Wrong?

The recent earthquakes in California brought attention to the ShakeAlert system, which is intended to detect significant earthquakes quickly enough to send alerts to people before the shaking arrives. This system is in its infancy, but there’s hope it will eventually give the public precious seconds to take cover.  But will it also give rise to governmental liability? Continue reading

Do You Need an Expert to Spot Insanity?

The general rule is that you need an expert witness to testify when the subject is “sufficiently beyond common experience that the opinion of that expert would assist the trier of fact.” Evid C §801(a). When it comes to a person’s sanity, you don’t always need an expert. Continue reading

Do’s and Don’ts for Expert Declarations in Support of Summary Judgment

The testimony of an expert in support of a motion for summary judgment or for summary adjudication of issues is usually presented through a declaration under penalty of perjury. CCP §2015.5. Here are five do’s and don’ts for these expert declarations. Continue reading