Civil Action with Brian & Shant
Government
Brian and Shant discuss the following cases:
Hood v. Gonzalez: A nightmare client who had gone through five lawyers. The client signed the settlement agreement but refused to sign the check then the court appointed an elisor to endorse the check in lieu of the client’s endorsement.
Soni v. SimpleLayers, Inc.: An untimely request to arbitrate in a fee dispute leads to a $2.50 award. The critical issue is whether the clock starts to run to make a demand from the moment the award is received or when the demand is dropped in the mail.
Fabian v. Renovate America: Solar panels were attached to the plaintiff’s home and a deed was taken out on the plaintiff’s home for payment. In response to the plaintiff’s lawsuit, Renovate files a petition to compel arbitration grounded on the theory that the plaintiff signed the contract via DocuSign.
ENA North Beach, Inc. v. 524 Union Street: A restaurant-tenant sued the landlord claiming misrepresentation in leasing the space. Permits were allegedly included in the lease but were not obtained. The court ruled in favor of the tenant and punitive damages were awarded.
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
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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