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.
17. The End of Labor Code Section 558; Bad News for California Employees
16. Notice Prejudice Case; Removal Case; Privacy Rights; Driver Privacy Protection Act; Arbitration of UCL Claim; Trail Immunity
15. Small Inflatable Pools; Good News For Lawyers Handling Consumer Class Actions.
14. Beating MSJ in a Discrimination Case; Successfully Fending Off Arbitration By Arguing Waiver
13. Breach of Confidentiality Clause; J&J Talc Case; Personal Injury Case; A Rogue Juror; Abuse Case; Insurance Case & Interpreting Contracts
12. FEHA; Attorneys Fees in Lemon Law Cases; Medicare in Personal Injury Cases; Attorney Fees in Civil Rights Action; RFAs; Burden of Proof for Reducing Future Damage Awarded
11. Facebook & The Telephone Consumer Protection Act; Lawyers Getting Petty; Professional Negligence & CPAs; Clarifying Rule 4-2; Manhattan Community Access Corp Case
10. Case Certification; Insurance Case; Decertification and Standing; UCL Claim; Civility and the Law
9. Waiving Right to Arbitration; Handling Insurance Company Claim; 9th Circuit Court of Appeal Arbitration; CAFA; SoCal Gas Leak Case; Mandatory Fee Arbitrations Over Attorney Fees
8. Class Action Fairness Act; Treble Damages Under Penal Code; Failure to Prosecute; Picking Off Class Representatives; One-Way Attorney Fee Statute
7. Arbitration; Primary Assumption of Risk; Insurance Cases
6. Juror Misconduct & Collateral Source Rule; Forum Selection Clauses; 5 Year Rule in A "Death Knell" Doctrine; Uninsured Motorists Within an Umbrella Policy; PAGA & Claim Splitting
5. Good News in Trucking Employment Cases; Cautionary Tales About Deadlines
4. SCOTUS Ruling in Epic Systems in PAGA Cases; Denying Class Certification; Religious Org. Exemption; Relief Under CCP 473b; Elder Abuse Cases; Deadlines for Removing Fed. Court Case
3. Cy Pres; Default Judgment PAGA Cases; Declarations in Malpractice; DQ of Lawyers in Partnership Disputes; Self-Insured Retention & Coverage; Liability of a Fraternity
2. Equitable Tolling; Piece Rate Work & Meal Breaks; Application of Forum Selection Clauses; Seeking Disqualification of Lawyers; Post-PAGA Actions
1. Enforcing Arbitration Clauses; Challenging Judges; Expert Declarations; False Advertising Claims; Construction Defect Class Actions
Introducing: Civil Action with Brian & Shant
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