58. Civil Procedure Cases Pt. 4

Brian and Shant discuss Defense Preclusion, Tolling of Legal Malpractice SOL, Cost of Proof on a Prevailing RFA, and Juror Contact.

 

Lucky Brands v Marcel Fashion (2nd Ct. of Appeals)

A Defense Not Previously Raised is Precluded from Future Assertion

 

Nguyen v Ford (6th DCA)

In a Legal Malpractice Case, Tolling Only Applies to a Specific Subject Matter in the Particular Matter at Issue

 

Universal Home Improvement Inc. v. Robertson (1st DCA)

Recovery of Attorney Fees When Failing to Admit an RFA

 

DeHoyos v Superior Court (4th DCA)

Communication with Jurors Governed by the CCP, Not by a Universal Code of Criminal Procedure