A Mediation Scuttled by Emotions             Recently, I participated in a mediation with a highly-regarded and experienced mediator who was frustrated that the “claimant” remained “offended” from the opening gambit through the end of the wasted day.        Apparently, the claimant and its counsel thought it was OK for them to demand 100 cents on the […]

Read More

Plaintiff homeowner sued a contractor for improper work, alleging (among other things) that the contractor is/was licensed. At trial, plaintiff homeowner’s lawyer demanded that the contractor provide a verified certificate from the California State Contractors License Board confirming proper licensure, despite the allegation of proper licensure in the complaint. The trial court ruled that the […]

Read More

A Trap for the Unwary?   Word processing programs make it easier to archive and re-use work product, as we all know.  This has led to the expansion of standard agreements by adding boilerplate, sometimes without thinking.   One example is a Confidentiality Clause in a settlement agreement between parties in a lawsuit.    How […]

Read More

    California real estate values have fluctuated wildly in different localities over the past 25 year.  When values fall, a property owner may apply for a property tax value reduction when warranted.       What happens if a reduction is granted for one year?  Must the owner apply for another reduction?      Apparently not, unless the […]

Read More

Courts begin to recognize that a lawyer need not hire outside counsel for advice. Almost every lawyer will encounter at least one unhappy client who may sue for malpractice, whether the “claim” is legitimate or not. With whom may the lawyer confer about the beef (before suit and representation by insurance counsel)? Several resources are […]

Read More

In 2002, the California Legislature enacted SB 800 to cover residential construction defect claims…or so most thought.  Its intent was to give developers, builders and contractors the right to repair alleged defects before homeowners filed suit.  It required the homeowners to give notice and an opportunity to repair. In 2013, the California intermediate appellate court in […]

Read More

Some seem to think that a creditor plaintiff always has to sue to collect a debt in the debtor defendant’s county of domicile.  While the latter’s county is proper venue, it may not be the only proper venue.  There may be more than one county in which one properly may file suit. Often, contract documents […]

Read More

Some seem to think that merely depositing a Notice of Pending Action [fn] is sufficient to give constructive notice of the contents of the law suit to which it refers.   Not so, as the court in Dyer v. Martinez (2007) 147 Cal. App. 4th 1240 reminds us.  In order to impart constructive notice, the […]

Read More

California’s Proposition 13 is well known to real property owners.  It generally caps property taxes at about 1% of the property’s purchase price, which the County Tax Assessor terms its “base year value.”  Property taxes typically only increase 2% per year over the base year value. But what happens when a property’s value drops below […]

Read More

Recently, a litigant refused to mediate their dispute, ultimately losing in court and paying the attorney’s fees of the prevailing party.

Read More

What happens when a newspaper files for adjudication, but it doesn’t meet those requirements?

Read More

California Government Code sections 6000 and 6008 are the two statutes that allow a publication to become adjudicated as a newspaper of general circulation (NGC) in California. This entitles the newspaper to publish legal advertising in its particular jurisdiction of adjudication. This article outlines the general parameters of these two statutes. California Government Code Section 6000 […]

Read More
Page 1 of 41234»