Blog
Straight talk on personal injury and property damage law in California. Practical answers from Evan W. Walker.
What is the nondelegable duty in California?
The nondelegable duty is a legal doctrine that says certain types of duties cannot be delegated to avoid liability. These types of duties are usually tied…
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What Are Surplus Funds In California?
Surplus funds is money left over after a foreclosure sale. A trustee, a neutral party unassociated with either the homeowner or the lender, carries out the…
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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?…
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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…
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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…
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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.…
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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…
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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…
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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…
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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…
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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…
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What Are The California MCLE Requirements?
For the compliance period ending January 31, 2024, here are the MCLE requirements for a licensed California attorney: What Is A Participatory MCLE? A participatory MCLE…
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