VERDICT Magazine, Backdoor Attorney Fees: Costs-of-Proof Awards
Code of Civil Procedure section 2033.420, allows the requesting party to recover its costs of proof—including potentially substantial attorney fees—when the other side unreasonably denies requests for admissions and the requesting party proves the truth of those matters at trial. In the latest issue of
GMSR’s Alana Rotter Authors Article On Appellate Stays
Alana Rotter’s article Hitting the Pause Button: Stays Pending Appeal offers practical guidance on how to stay judgment enforcement pending appeal. The article explains which types of orders and judgments are automatically stayed, options for obtaining a non-automatic stay, and the timing for getting a
Counting the minutes… Calculating the deadline for requesting a statement of decision, Daily Journal (June 10, 2019)
Dane-Elec Corp., USA v. Bodokh (2019) 35 Cal.App.5th 761 is a cautionary tale for any proceeding that hovers around the eight-hour mark. Under Code of Civil Procedure section 632, if a trial concludes “within one calendar day or in less than eight hours over more
U.S. Supreme Court Rejects California’s Assertion Of Personal Jurisdiction Over Drugmaker
In Bristol-Myers Squibb Co. v. Superior Court (June 19, 2017, Case No. 16-466), the United States Supreme Court has ruled 8-1 that California lacks “specific” personal jurisdiction over a pharmaceutical company, reversing a 4-3 decision last year by the California Supreme Court. The case arises
In Practice: ‘Kurwa’ Shuts a Door to an Early Appeal
The Recorder (October 17, 2013) When a trial court decides a core issue in a pretrial proceeding but leaves peripheral claims pending, appellate relief is generally unavailable because there is no final judgment. Litigants have tried to create the necessary finality by voluntarily dismissing the
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