What Is Trespass To Trees In California?
Trespass to trees is a tort, or civil wrong like negligence. It happens when someone trespasses on your property and damages your trees. What Is Trespass? Trespass happens when a…
What Is Negligence Per Se In California?
Negligence per se allows you to argue that a defendant is presumed negligent. How? You use a statute or regulation to show that a defendant breached the standard of care.…
Why File A Motion For Summary Judgment Against A Non-Liable Defendant In California?
Great question. Here's why. You remove the non-liable defendant from litigation, and prevent the other remaining defendants from blaming the removed, non-liable defendant. The remaining defendants can't use the empty…
What Is Civil Code 3040 And Common Fund In California?
First let's understand Civil Code 3040, then we can talk about common fund. What Is Civil Code 3040? Civil Code 3040 is a long, technical statute. But basically it limits…
What Is Subrogation In California?
Subrogation is the right of an insurance company to go after someone who caused damage to your property. Subrogation is a fancy word for reimbursement. Let's talk about subrogation in…
What Are Motions In California Law?
A motion in California is an application for an order. Basically, you're asking a California judge to do something. See CCP § 1003. Generally, you cannot make a motion without…
National City Flooding 2024 Lawsuit
National City business owners and residents have joined San Diego residents in seeking to hold their government accountable for the catastrophic flooding in January 2024. The National City 2024 Mass…
How To Amend A Complaint In California
You amend a complaint by filing an amended complaint. Call it "First Amended Complaint." But first understand these rules. When Can I Amend The Complaint? A plaintiff can amend the…
What Are The Discovery Objections In California?
Rarely is the law so misunderstood by attorneys. Most of the objections you likely come across are wrong. Either most attorneys don't know the objections are wrong or don't care.…
What Are The California MCLE Requirements?
For the compliance period ending January 31, 2024, here are the MCLE requirements for a licensed California attorney: 25 hours over 3 years 12.5 of those 25 hours must be…
What Is Spoliation In California Law?
Spoliation means the suppression or destruction of evidence. It can also mean the alteration of evidence. What Is Evidence Under California Law? There are 3 types of evidence under California…
Who Can Sue Or Be Sued In California?
You must have the capacity to sue or be sued for a court judgment to be effective. Generally, any "person" can sued or be sued. "Person" means individual people and…
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