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The day after a responsive pleading was due, plaintiff’s lawyer sent defendant a letter and an email telling her that the time to respond was past due and threatening entry of default if a responsive pleading was not filed by the next business day. When a pleading was...
Plaintiff sued for fraudulent transfer. Defendants then paid the judgment, but instead of dismissing his complaint, plaintiff amended it to seek damages caused by the delay in paying the judgment. The trial court sustained defendants’ demurrer. On appeal, plaintiff...
The primary published case is Del Monte Properties & Investments, Inc. v. Dolan (2018) 26 Cal.App.5th Supp. 20, 24. In Del Monte the Court held that the landlord must prove that the actual losses caused by late payment of rent were extremely difficult or...
Due process prevails. A common mistake is pleading damages (other than as limited in Family/PI/wrongful death cases) according to proof without providing the defendant with a number of possible damages. The result is a default but no money to the plaintiff. The law...
The trial court research attorneys s are now happier! No longer can an amended pleading be filed the morning before the demurrer hearing! As of 2018, amended Code of Civil Procedure §472 now provides: (a) A party may amend its pleading once without leave of the...
The moral fiber of our society continues to degrade. The following is an attorney ethics issue and as a reminder attorney’s are held to a higher standard. After a trial on a sexual harassment claim resulting in an $8,080 jury verdict, and a $7,000 costs award,...
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...
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...
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...
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...
