Cal. Attorney Sanctioned $50,000 for Reckless and Malicious Conduct at Deposition
2/18/19
By: Jenny Jin
A California Court of Appeal upheld a $50,000 sanction against an attorney based on conduct at a deposition.
On February 4, 2019, the Court of Appeal issued its opinion in the case Anna Anka v. Louis Yeager.…
Serving That Whiskey Might Be Risky – Liability Of Social Hosts In DUI Accidents
2/15/19
By: Stacey Bavafa
Under California Civil Code Section 1714, social hosts and other third parties may be held to be partially liable in the event of a drunk driving accident depending on the circumstances that led up to the accident. …
Best Practices for HOA Elections
2/13/19
By: Charles McCurdy
In California, as communities with HOAs have proliferated, so has the thicket of statutes, rules and regulations that apply to their operations. For example, just holding an election for an HOA’s Board of Directors implicates California’s Civil …
Cancelling a Financed Policy: Reliance on a Power of Attorney
2/8/19
By: Eric Benedict
When a prospective insured is applying for and obtaining coverage, no matter the type of risk, the cost of the premiums is likely to be a foremost concern. To cover the cost of the premium, an insured …
District Court in California Certifies a Class of Five Million Against Walmart
2/8/19
By: Koty Newman
On January 17, 2019, a Federal District Court in California certified a class of five million Walmart applicants. The Class Representatives allege that Walmart failed to comply with the Fair Credit Reporting Act’s (“FCRA”) disclosure requirements by …
New Cybersecurity Trend: Data Security and Disposal Laws
2/7/19
By: David Cole & Amy Bender
Tales of data breaches flood our news reports these days. By now, you hopefully are aware that all 50 states have laws requiring persons and organizations that own or maintain computerized data that includes …
998s: The Stealth Policy Limit Demand
2/7/19
By: Tim Kenna & Kristin Ingulsrud
In personal injury practice, the claimant’s attorney will sometimes serve a statutory offer to compromise in tandem with service of the summons and complaint. This strategy has a two-fold impact on the case. The …
What Are The Ethical Rules For Legal Blogs In California?
2/1/19
By: Greg Fayard
If you are a California lawyer and are thinking about starting a blog, keep these points in mind:
- Blogging by an attorney may be a communication subject to the requirements and restrictions of the Rules of Professional
…
California Court Clarifies Grounds for Law Firm Disqualification
1/30/19
By: Brett Safford
In O’Gara Coach Company, LLC v. Joseph Ra, 2019 Cal.App. Lexis 12, the California Court of Appeal clarified the grounds on which a law firm can be disqualified. The Court reversed the decision of the trial court …
California Enacts New Anti-Fraud Laws To Protect HOA Members
1/24/19
By: Greg Fayard
In California, an anti-fraud bill designed to protect HOA members sailed unopposed through the legislature becoming law January 1, 2019.
The Community Associations Institute and the California Association of Community Managers sponsored the bill, which makes various …
New Task Force Aims to Reform California’s Technological Ethical Rules
1/15/19
By: Paige Pembrook
On December 5, 2018, the California State Bar Task Force on Access Through Innovation in Legal Services held its first meeting and started a long process to modernize ethical rules that currently inhibit lawyers from fully using …
Insurer Side Beware: Litigation Privilege for Pre-Suit Communications Extends Only To The Party Contemplating Filing Of Litigation
1/14/19
By: Tim Kenna & Kristin Ingulsrud
Strawn v. Morris, Polich & Purdy—filed Jan. 4, 2019, Court of Appeal of California, First District, Division Two 2019 Cal.App. LEXIS 9*—makes explicit that the application of the litigation privilege to pre-suit claims …