Congratulations to Partner John Toohey for his Publication in CLM Magazine! Partner John Toohey recently wrote and published an articled called “Disruption to Discovery” in CLM Magazine! In this article, John writes about a new amendment that will have a big impact on construction matters in California construction litigation. CLM Magazine is an eNewsletter and publication that...Read More
Beginning January of 2024, California amended the Civil Discovery Act to mirror the Federal Rules and require that any party appearing in a civil action to provide initial disclosures to any other party demanding the same. In January of 2024, California amended the Civil Discovery Act, specifically C.C.P. section 2016.090, to affirmatively require that any...Read More
By Nicole Whyte At trial, plaintiff lawyers often craft a trial theme aimed at evoking sympathy for the plaintiff and anger towards the defendant. To effectively respond, the defense team must identify and deploy their counter theme early in the case. The defense theme should permeate every phase of the trial, and where possible, counter...Read More
In my practice, I am fortunate enough to attend a real estate conferences on a regular basis. And, without exception, we always get a run down on hot trends/cases from industry leaders. Some issues that are being attacked in hot cases/trends are: Are the typical commission structures – e.g., the typical 5% to 6% divided...Read More
In a recent important decision, Brown v. Beach House Design & Development the Court of Appeal addressed an issue that frequently arises under the Privette doctrine—the extent to which a general contractor can be held liable for injuries to a subcontractor’s employee. The injuries in Brown arose when a window casing subcontractor’s employee fell from...Read More
The California Legislature has enacted SB 1155 relating to “Time Limited Demands,” which goes into effect on January 1, 2023. In California, if a claimant makes a reasonable settlement demand within the limits of a liability insurance policy and the insurer unreasonably refuses to accept the demand, the insurer may be liable for a judgment...Read More
On August 11, 2021, the California Court of Appeals for the Second District delivered a blow to defendants in its Malak Melvin Abdul Qaadir v. Ubaldo Gurrola Figueroa et al., No. B306011 (Cal. 2nd Aug. 8, 2021) a published decision which undermines the protections to defendants provided by the California Supreme Court Case Howell v....Read More
Recently, the California Bar Association (“CBA”) published Formal Opinion No. 2020-203[1] concerning a lawyer’s ethical obligations with respect to unauthorized access to electronically stored client information. The onset of the COVID-19 pandemic greatly accelerated the growing trend of storing and maintaining data and information online so that employees and clients can access the data from...Read More
This article will serve as a guide to what is needed in a Property Management Agreement to avoid potential real estate disputes between owners and property managers. What is a Property Management Agreement? With the known volatility in the stock market since the “Dot-com Bubble” in the late 1990’s the Financial Crisis spanning 2007 to...Read More
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