On January 7, GMSR’s co-managing partner, Cindy Tobisman, appeared for oral argument in the California Supreme Court on behalf of the plaintiff in Madrigal v. Hyundai Motor America, which poses the following issue: Do Code of Civil Procedure section 998’s cost-shifting provisions apply if the
California appellate courts are split on whether a writ petition is the exclusive means to challenge a good faith settlement determination under Code of Civil Procedure section 877.6 or whether litigants can raise the issue on appeal from the final judgment. In a new article
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
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
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
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
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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