Civil Action with Brian & Shant
Government
Halyard Health v. Kimberly Clark 2nd DCA
Brian and Shant discuss a declaratory relief action in a matter that arises out of Michael Avenatti’s Kimberly Clark Case. The issue is whether Delaware or California law dictates which defendant is responsible for a punitive damages award granted to the plaintiffs.
Safechuck v. MJJ Productions 2nd DCA
Brian and Shant discuss childhood sexual assault lability of a 3rd party non-perpetrator and whether a revival statute applies to two adults over the age of majority. AB 218 recently amended the statute of limitations under CCP 340.1, and claims can now be brought before the victim’s 40th birthday. Even if an action was previously dismissed, the issue of whether the amended statute applies is determined by the finality of the underlying dismissed action.
Warwick Ca. Corp v. Applied Underwriters 1st DCA
Brian and Shant discuss an appeal from a statement of decision issued by a trial court. A statement of decisions is not an automatically appealable order because it is not a judgment that has can be entered or enforced. It can be a precurser to a judgment but here no judgment was ever entered.
Shayan v. Spine Care & Orthopedic Physicians 2nd DCA
Brian and Shant discuss an interpleader action where a client had to compete with the other creditors for the remainder of the settlement. Ultimately, the opposition did not show up to the interpleader action and subsequent counsel sought to vacate under a 473(b) motion. Failing to appear for a trial does not warrant relief.
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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