Categories
Civil Litigation Discovery Legal Topics

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.

Categories
Landlord/Tenant Law Legal Topics Real Property Law

Can a Landlord Limit a Tenant’s Guests?

For landlords, the most important provisions in a lease or rental agreement may be those that limit the number of persons occupying the premises and that require tenants to specify their identities. This prevents a tenant’s guests from turning into tenants. But balancing this potential problem with allowing reasonable guest overnight stays requires a carefully considered lease provision.

Categories
Compliance/Best Practices Employment Law Legal Topics

6 Ways Employers May Inadvertently Engage in Age Discrimination

Employers generally can’t use an applicant’s age as a hiring criterion without violating California’s Fair Employment and Housing Act (see Govt C §12940(a)) and the federal Age Discrimination in Employment Act of 1967 (29 USC §§621–634). Most employers know this and make sure not to ask about the applicant’s age. But they often ask other questions or include language in a job posting that run afoul of the law.

Categories
Civil Litigation Legal Topics Litigation Strategy Pretrial Matters

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.

Categories
Legal Topics Real Property Law

Who’s Responsible for the Sidewalk in Front of a House?

Anyone who walks along tree-lined streets knows that tree roots often cause cracks or upheavals in sidewalks. But who’s responsible for the damage they cause when a pedestrian trips over them?

Categories
Civil Litigation Legal Topics

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?

Categories
Compliance/Best Practices Employment Law Legal Topics

Law Is Clarified on Using Prior Salary of Job Applicants

In 2017, California enacted a law precluding employers from asking about prior salary history and requiring employers to give applicants, on reasonable request, the pay scale for a position. This law raised many questions for employers, including who’s “an applicant,” what’s a “pay scale,” and what constitutes a “reasonable request?” Now we have the clarifications.

Categories
Evidence Legal Topics Litigation Strategy Trial Strategy

Do You Know When to Request a Sidebar?

After a party objects to the admission of evidence, the proponent of the evidence can respond by arguing that the objection doesn’t apply or isn’t valid, or that the evidence is admissible because of an exception to the ground stated in the objection. Where that argument is made can make a big difference—should you argue in open court or in a sidebar conference?

Categories
Constitutional Law Estate Planning Legal Topics New Legal Developments

Is a Wealth Tax Unconstitutional?

A wealth tax proposed by Senator Elizabeth Warren has found favor in certain academic circles, including the University of California, Berkeley. It would be 2 percent of worldwide assets of U.S. citizens and residents in excess of $50 million and 3 percent of assets in excess of $1 billion, in addition to existing income and transfer taxes. It’s claimed this wealth tax would raise an estimated $2.75 trillion in revenue over 10 years. But is it constitutional?

Categories
Evidence Legal Topics Litigation Strategy Trial Strategy

8 Ways to Make Calling Witnesses More Dramatic

As a trial attorney, never forget your role as director of the courtroom play. Consider these staging decisions when it comes to calling witnesses.