What Constitutes a Good Faith Meet-and-Confer Effort?

Before filing a motion to compel discovery responses, the parties must engage in a “reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” CCP §2016.040. What constitutes a good faith meet-and-confer effort depends on a variety of factors. Continue reading

How to Show that the Prenup Wasn’t Forced

A premarital agreement (prenup) isn’t enforceable against a party who didn’t enter into it voluntarily. Fam C §1615(a)(1).  Here’s how you can ensure that a question of duress won’t derail your prenup. Continue reading

Timing for Presenting a Government Claim Is Critical

Before suing a public entity, a party generally must notify the government of its claim within a specified period of time. This is called “presenting” the claim. The rules around preparing and presenting a claim are strict and detailed. Here are some common questions with answers to help get your timing right. Continue reading

Keep This in Mind During Every Deposition

When taking or defending a deposition, always keep in mind that you’re making a record for the jury. Sometime later, perhaps years after the deposition took place, a jury may hear parts of the deposition and you want everything to be there and be clear. Continue reading

Can Tenants Post Political Signs?

Can landlords stop their tenants from posting signs for a political candidate or proposition the landlord doesn’t support? The answer generally is no. Since 2012, the law in California allows tenants to post political signs, but there are some restrictions. Continue reading

Need Another Expert? Here’s How to Augment Your Expert Designation

When you need another expert to support your client’s case or there’s a change in the general substance of a  previously designated expert, you’ll need to move to augment or amend your expert witness declaration. Continue reading

15 Provisions to Include in an Independent Contractor Agreement

Hiring an independent contractor? Make sure to have a contract that will increase the defensibility of the independent contractor relationship—because if you can’t defend it, you will pay dearlyContinue reading

Disinheriting? Give Them Something to Think About

It’s fairly common for an estate planner to meet with a client who wishes to cut one or more of his or her intestate heirs out of the estate plan. Like Miss Birdie in “The Rainmaker,” they look at you and say “cut, cut, cut!” But is leaving nothing to an intestate heir or previously included beneficiary really a good idea? Or, should you counsel your clients to give such folks something to think about? Continue reading

Is there Any Marital Privilege Left After Divorce?

As Joseph DeAngelo (the “East Area Rapist”) may soon find out, a divorced spouse can spill a lot of beans. He was separated from his wife for years, but she’s just made divorce official and that’s a boon for the prosecution in his upcoming trial. But is she still limited in what she can say? Continue reading

Remembering Public Defender Jeff Adachi

Like so many in the California legal community and beyond, we are stunned and saddened by the passing of Jeff Adachi, San Francisco’s Public Defender. Jeff was a tireless advocate for justice and for the right to a defense. Continue reading