4 Key Documents in a Motion to Compel

A motion to compel must consist of at least four documents. Here’s a handy checklist to be sure that you’ve got all your motion papers set to go. Continue reading

4 Tips for Drafting an Effective Settlement Demand Letter

The following is a guest blog post by Anderson Franco, who practices landlord-tenant, personal injury, and general litigation throughout the Bay Area.

Before filing a lawsuit, a plaintiff should always consider whether to try for settlement. If settlement is the goal, then a settlement demand letter becomes a key negotiation tool. A settlement demand letter explains to the opposing party why they should pay money to settle the case immediately rather than litigating through the court system. Continue reading

CEBblog’s Most Popular Posts from 2018

Before we say goodbye to 2018, take a look at some of the most popular posts from the past year. Continue reading

New Year, New Laws for Civil Litigators

The California legislature has enacted new laws that may affect your litigation practice. Here are some of the key statutory changes you need to know about. Continue reading

Alert Your Client to These Depo Issues

When preparing your client for his or her deposition, devote particular attention to explaining the following objectionable areas of inquiry and substantive law on those areas. Continue reading

The Do’s and Don’ts of Building Your Case with Social Media Info

The following is a guest blog post by Renee Galente Stackhouse. Renee is the founder and trial lawyer at Stackhouse, APC, where she focuses on plaintiff’s personal injury and military defense in San Diego. She is the immediate past President of California Women Lawyers, President of the CWL Foundation, Chair of the CLA SSF Section, and sits on the Board of the San Diego County Bar Association.

You would be surprised how easy it is to find public information on the Internet. Or maybe you wouldn’t, given the many stories of jobs lost and cases jeopardized by social media posts. Using Google and social media searches on parties and witnesses can be very helpful to your case, but make sure you don’t overstep. Continue reading

What to Do a Month Before Trial

You’re 30 days from your trial date. Maybe it’s been a while since you’ve gotten this close, or maybe it’s your first time. Don’t worry—here’s a handy chart setting out what you need to do. Continue reading

5 Areas to Cover When Deposing a Party

When taking the deposition of a party, make sure to cover these five areas. Continue reading

5 Rules for Drafting Allegations in a Complaint

Complaints must include a statement of facts constituting a cause (or causes) of action. CCP §§425.10(a)(1), 430.10(e). For those new to litigation, you may be tempted to just get a complaint from a colleague and replace the allegations with your case’s facts. This can be risky if you don’t know the rules that apply to drafting allegations. Continue reading

5 Steps to Handling Nonresponsive Deposition Answers

Whether intentional or not, you may not get an answer to your question in a deposition. How you handle a nonresponsive answer should usually follow this five-step process. Continue reading