Civil Action with Brian & Shant
Government
People v. Royal
Brian and Shant discuss the past recollection recorded exception to the hearsay rule and the elements that trigger the exception. They court examined the time element and determined that too much time had expired from the event itself to the time the recollection was recorded.
McDermott Ranch v. Connolly Ranch
Brian and Shant discuss a case arising out of a property dispute stemming from a real estate transaction from 1958. They unwrap a carved-out hearsay exception based on the statements being made in connection with the boundary of land of real property.
Blizzard Energy v. Schaefers
Brian and Shant discuss the Sister State Money Judgment Act, taking a judgment from one state and enforcing it in another state. The rule preserves the Res Judicata principle, in that once a matter is fully litigated, the parties are precluded from relitigating absent additional requirements.
PG&E San Bruno Fire Cases
Brian and Shant discuss the allocation of attorney fees from the determination of a special master. The agreement stated that the determination was not appealable but the language was introduced only once in the document leading to a dispute between the parties.
37. Civil Procedure – Personal Jurisdiction and Choice of Law; Childhood Sexual Abuse Statute of Limitations; Appealing a Statement of Decision; Relief Under 473b and its Limitations
36. Defense Perspective from Dana Fox and Eddie Ward of Lewis Brisbois
35. COVID-19 Business Interruption Claims
34. Tort Cases – Substantial Factor Test; Primary Assumption of Risk Doctrine; Going and Coming Rule and An Exception; Immunity for Police Officers Engaged in a High-Speed Pursuit
33. Meal & Rest Breaks; Replacement Class Representative; Classification Exemptions; Objection to Class Settlements
BONUS CONTENT: Interview with Niall McCarthy at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Minh Nguyen at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Greg Bentley at the 2019 CAOC Convention in San Francisco
32. The Perils of Litigation Funding
BONUS CONTENT: Interview with Craig Peters at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Ray Boucher at the 2019 CAOC Convention in San Francisco
31. Trail Immunity; Standard for Gross Negligence; The Discovery Rule and Fair Debt Collections Act; Single Employer Doctrine
30. Difficult Clients; Fee Arbitration Between Lawyers & Clients; DocuSign; Reducing Punitive Damages
BONUS CONTENT: Interview with Steve Vartarzarian at the 2019 CAOC Convention in San Francisco
29. Attorney Fees in a Class Action; Waiver of a Jury Trial in an Agreement; Service on Government Entities; Interest Rates, Usury Laws, Referendums & How they Interact
BONUS CONTENT: Interview with Bill Shapiro at the 2019 CAOC Convention in San Francisco
BONUS CONTENT: Interview with Casey Johnson at the 2019 CAOC Convention in San Francisco
28. Involuntary Releases in Class Actions; The Death Knell Doctrine; Phelps Factors; Assembly Bill 9
BONUS CONTENT: Interview with Mary Alexander at the 2019 CAOC Convention in San Francisco
27. Arbitration Agreements; Fair Credit Reporting Act; Standing Under Article III; Right to Administrative Remedies; Distinctions Between Procedural & Substantive Unconscionability
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