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

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

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

How to Get California Public Records

The usual discovery requests don’t always get you what you need. Sometimes you’ll do better seeking a public record under the California Public Records Act (Govt C §§6250–6276.48).  Continue reading

4 Tips for Writing Better Briefs

Regardless of the subject matter and whether it’s a criminal or civil issue, these four tips will help you draft the strongest brief possible. Continue reading

How to Control a Deposition Without Being Controlling

The attorney taking the deposition usually controls the proceedings. But the best way to take advantage of this control is to hold onto it loosely. Continue reading

Need More Time to Oppose a Summary Judgment Motion?

Once you receive a summary judgment motion filed against your client, you have about two months to file and serve your opposition papers. That sounds like plenty of time, but it may not be sufficient to marshal the evidence you need to oppose the motion. That’s when you need a continuance. Continue reading

How to Avoid Disaster When Filed Pleadings Disappear

It’s rare for a filed pleading to go missing, but it happens. An original verified pleading or declaration in a time-sensitive matter is safely filed with the court, but at the hearing, the judge flips though the file and states, “I know this pleading was filed, and I looked at it yesterday, but I can’t find the original in the file and it’s necessary for me to proceed. I can continue the matter so you can provide a new pleading, or deny without prejudice. Counsel, what’s your preference?” What do you do? Continue reading

6 Grounds for Objecting to Requests for Admission

A party may respond to an individual request for admission (RFA) by objecting to all or part of it. CCP §2033.230. The right to object is waived if not stated in a timely response, so it’s important to consider objections carefully. Here are the most common objections to RFAs. Continue reading