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 [...]
The First District Court of Appeal recently joined the fray amongst California appellate courts over trust modification procedures. The question causing the split: What is the procedure for modification of a revocable trust under Probate Code section 15402? Probate Code section 15402 is one seemingly simple sentence: “Unless the trust instrument provides otherwise, if a trust is [...]
What Mediation? What Could Happen If You Mediate? Mediation is a private, confidential process where a neutral third person (a “mediator”) helps the parties try to resolve the dispute. The neutrals are retired judges, so they are familiar with the law and likely outcome should the case proceed. The parties have the opportunity to describe [...]
If you were to ask most lawyers whether it is wise to depose your own witness, you'd likely get a response touting the following, conventional, but flawed, opinion: Never do a direct examination of your own witness at a deposition. Your witness is under your control, so you have the ability to fix any issues [...]
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 [...]