Moving Misery: Can I sue my moving company for damages? By: Trey Van Dyke (3L) June 28, 2022 Understanding this area of the law must begin, unexpectedly, at the source of our legal system in general: the U.S. Constitution. The commerce clause of the U.S. Constitution delegates to Congress the power to regulate matters involving […]
Litigation Changes for 2021 By: Robert J. Enos, Esq. and Tanner N. Puryear, Esq. January 12, 2021 2020 was a year of change and the law is no exception. Most hearings are now remote, and civil trials have been significantly delayed. While we anticipate these changes will revert back to “normal” once the pandemic is […]
Today, we continue our look at the litigation process and examine the trial phase. The vast majority of civil cases in California settle before trial. But if you do go to trial it is important to understand that process. As always, if you have any questions about your real estate, business, estate planning, or any […]
Today, we continue with our series on litigation and we look at the process of marshalling the evidence. This is the process where evidence relative to the proof required to prove or a disprove a claim comes in to play. It requires the analysis of both sides of the controversy to understand where the proof […]
Today, we continue with our series on litigation and we look at the use of dispositive motions. These motions are used to narrow the scope of trial or in the best of cases can be used to resolve a matter and eliminate the need for trial altogether. As always, if you have any questions about […]
Today, we continue with our series on litigation and we look at the case management process. While it may seem trivial, the case management process plays a central role in moving an action towards a trial. As always, if you have any questions about your real estate, business, estate planning, or any other legal issue, […]
Today, we continue with our series on litigation and we look at how to enforce discovery rights. Sometimes the opposing party just won’t cooperate and provide responses that they are legally obligated to provide. When that happens you have to take action to require they provide the information. As always, if you have any questions […]
Today, we continue with our series on litigation and we look at discovery in litigation. There is an old saying in litigation that cases are won and lost in discovery. This is the tool used to gather those facts that will be critical to prosecuting or defending your action. As always, if you have any […]
Today, Elizabeth brings us an important article related to a recent California Supreme Court decision affecting the classification of workers between employees and independent contractors. This has long been a hotbed of litigation the rules get trickier everyday. As always, if you have any questions about your real estate, business, estate planning, or any other […]
Today, we continue our look at the litigation process as we explore the commencement of the litigation through the filing of a summons and complaint. Mr. Enos previously discussed the background to litigation in his Introduction. As always, if you have any questions about your real estate, business, estate planning, or any other legal issue, please […]