Miscellaneous

Court Rules that Key is Actual Amount Paid, as Opposed to Amount BilledOne of the most important issues in any case is the amount of damages an injured party can recover. In the personal injury context, this issue is central.

We’ve all been there.  Waiting in line to pay and get out of the store, sliding our credit card through a machine, when a clerk at the cash registers asks us for our home zip code.  What if we refuse?Well, we have a right to refuse.

If parties agree to refer their dispute to a referee rather than go to court, must the judiciary comply with their agreement?  Or does the court have discretion to reject the reference, in effect requiring the parties to litigate despite their agreement to the contrary?The California Supreme Co...

The California Supreme Court has ruled that a school district may face liability if it negligently hired a known child abuser and then allowed the person to closely interact with students as a counselor without adequate supervision.The case is C.A. (a minor) v. William S.

In an important decision protecting free speech, the California Supreme Court has ruled that a lawyer who mentions a company’s allegedly defective product in an advertisement directed at potential clients may invoke the state’s powerful “anti-SLAPP” statute and get the case dismissed.

The court of appeal has offered simple, straightforward advice in an email defamation case.

If a party obtains a preliminary injunction, it does not become effective until that party posts a bond. This requirement is set forth in section 529 of the Code of Civil Procedure.

The fact pattern is all too familiar. In a technical industry, an employee signs a “non-compete” clause and then changes employers and begins to compete against his or her old firm.