Intimate Sexual Contact Alone Does Not Constitute Minimum Contacts. A California woman conceived a child in Connecticut but filed a paternity and child support suit in California against the father living in Connecticut. The trial court denied his man moved to quash...
Experienced Real Estate And Business Attorney
Year: 2018
GAO Study Shows Federal Court Plaintiffs Only Win 35% Of The Time!
In law school you are taught “if you are a defendant remove the case to the Federal Court”. University of Connecticut law professors Alexandra Lahav and Peter Siegelman studied 30 years of data from the Administrative Office of the U.S. Courts supporting that...
61% of the time Trial Verdicts Are Usually the Same as a Pre-Trial Settlement Offers
In an article by Sanford Gage, who is a very good mediator, 9,000 California settlement decisions were analyzed over 41 years comparing rejected pretrial settlement offers and actual trial results. Sixty-one percent of the time, the plaintiffs obtained an award that...
California will now allow out-of-state and foreign lawyers to provide legal services in international commercial arbitrations conducted in California SB 766. (CCP § 1297.185)
International law systems, justice, human rights and global business education concept with world map on a school globe and a gavel on a desk on blue background. The new CCP §1297.185 essentially over rules the 1998 California Supreme Court case known as Birbower...
Starbucks Must Pay for All Employee’s Work, even if just a drip of time! (Troester v. Starbucks Corp. (2018) 5 Cal.5th 829)
In Troester v. Starbucks Corp. (2018) 5 Cal.5th 829 the California Supreme Court answered a legal question sent to it from the Federal Court asking if the relevant wage order and statutes. The Court held that California does not adopt the federal FLSA permitting...
Limits on Civil Subpoenas (No Telephone records without consumer consent)
Phone company records are difficult to obtain. I say difficult, not impossible. Even with a validly issued civil subpoena, the phone company will not comply without a notarized written consent from the consumer who “owns” the phone number. You need a signed and...
Free Real Estate Forms!!
Here is your gift from the Google University School of Law courtesy of Chicago Title. Free real estate forms!!!! https://www.chicagotitleconnection.com/documentforms.htm Deeds, Affidavits, Deeds of Trusts, Promissory Notes, Homestead, Non Responsibility, Preliminary...
Enforcement of an Arbitration Clause is for the Court not Arbitrator to Determine
In an unpublished opinion, Milder v. Holley, B267974 (2/5 1/31/17) the Court of Appeal on a gateway issue, found that a judge decides if there was fraud in the inducement to enter into an arbitration agreement in California. ( Citing Johnson v. Siegel (2000) 84...
Expanded Insurance Coverage for Additional Insureds (Pulte Home v. American Safety)
In Pulte Home Corporation v. American Safety Indemnity Co. (2017) 14 CA5th 1086 a homeowner sued for latent construction defects. The General Contractor sought a defense under its sub’s general liability policy as an additional insured. The insurer denied coverage...
FEHA employee protections against adverse attorney fee/cost awards trump CCP 998
Arave v. Merrill Lynch (2018) 19 Cal.App.5th 525 reinforces that in labor law employees have nothing to lose from suing. Plaintiff sued his employer under FEHA and lost. The defendant employer previously served a CCP 998 offer to settle of $100,000 which was...