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Should You Always Move for Summary Judgment and Summary Adjudication in the Alternative?

Motions for summary judgment and summary adjudication are frequently made in the alternative. Do you know why this is and when not to move alternatively? Continue reading

How to Depose Depends on Your Goal

The first thing to do in preparing for a deposition is to think about your goal—what are you trying to achieve with this particular deposition? Your goal should be reflected in your conduct toward the deponent and the scope of your questions. Here’s a look at how three common deposition goals should play out. Continue reading

4 Things to Do When Demurring to a Complaint

You find defects in the allegations in the complaint and plan to file a demurrer. First, consider whether it’s a good tactical move, or if an alternative approach would be better. If you decide to go for it, follow the four steps outlined below to avoid common pitfalls for demurrers. Continue reading

Did You Know You Can Collect Fees for Time Spent Collecting Fees?

Collecting attorney fee awards and enforcing judgments can be very time-consuming. Don’t forget to collect attorney fees for time spent chasing down your fees in collection efforts. Continue reading

How to Use Oral Notice of Motion to Compel as a Tactical Tool

When dealing with an uncooperative deponent, it may be useful to immediately give oral notice of a motion to compel. You still have to give written notice, but an oral notice can be a powerful tool for convincing the deponent to answer or produce at the deposition. Continue reading

Don’t Analyze Coverage Until You Have the Entire Insurance Policy

Whenever you think that an insurance policy may cover a claim or cause of action, the first step is to get complete copies of any potentially applicable policies. Never attempt to analyze coverage without a copy of the entire policy; an incomplete copy may lead you to reach an improper conclusion on coverage. Use this checklist to be sure that you have the entire policy. Continue reading

New Year, New Laws for Civil Litigators

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

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