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

2 Reasons to Go for Defendant’s Default

ThinkstockPhotos-158687666A default occurs when a defendant served with a complaint doesn’t file the appropriate response within the time allowed. CCP §§585–586. After a defendant is in default, a plaintiff may file a request for entry of default and then apply for a default judgment. Here are two practical reasons to seek entry of default and default judgment. Continue reading

Watch What You Post: 4 Ways to Protect Your Clients from Themselves

148372802The following is a guest blog post by Scott J. Corwin, founding attorney of the Los Angeles Motor Vehicle Accident Law Firm. For over 20 years, Mr. Corwin has represented more than 2,500 injured victims and has been named a Southern California SuperLawyer for eight years in a row.

These days it seems that everyone is using social media, connecting people in ways never thought possible even ten years ago. In personal injury cases, social media can cause serious damage—we’ve all heard horror stories of people receiving minor settlements after a compromising photo or post was seen on Facebook. As attorneys, we must inform our clients of these potential dangers and help them make informed decisions on the use of social media to protect the integrity of their cases. Continue reading

Will Toyota’s Woes Lead to Successful Suits?

Toyota’s vehicle recalls have been front-page news for some time now, and this spawned many lawsuits from Toyota owners. Some of these plaintiffs have been injured when their vehicles malfunctioned. But there are also many plaintiffs with recalled models who don’t have any personal injury or property damages to point to. 

To be successful, a plaintiff must show that the manufacture or design caused injury (Soule v General Motors Corp. (1994) 8 C4th 548, 560, 34 CR2d 607). So, the $64,000 question (more likely, $64 million) is whether the plaintiffs who have not been involved in an accident with their Toyota vehicle will be able to make the required showing of injury. Continue reading