Usually, before filing a lawsuit in a business dispute, a client wants to know whether she can receive her attorneys' fees as a prevailing party in litigation. For the most part, it is an easy question--check the contract for a prevailing party attorney fee provision. However, sometimes contracts lack such provisions, but that does not [...]
Typically, a fraud claim is easy to understand. One partner lied, and the other relied on the lie to her detriment. Yet, sometimes, the parties still have a business relationship after learning of the fraud. Losing or waiving your fraud claim can occur without your realizing it. For example, signing an amendment to the contract [...]
Attorneys fret when receiving an "I don't recall" answer in deposition and try to ensure the witness cannot wiggle out of the response at trial. But what if you receive an "I don't recall" in a written discovery response? Knowing the California Civil Discovery Act will help you prevent the other side from revealing new [...]