– Revision 16
– Access to digital forms on Jamesforms.com
– ISBN: 1-58012-027-X
California Causes of Action
Over 125 pre-researched causes of action written by specialists in 19 separate legal fields. Draft better and quicker complaints, cross-complaints, answers or demurrers with up-to-date coverage of areas such as employment, intellectual property, negligence, contracts, real estate and much more.
by Stanton T. Mathews & Kevin Lancaster
– Revision 16
“Here is an extremely useful tool for practitioners engaging in various civil practice areas – concise and preresearched, it is a guide to over 90 causes of action, all in one desk top binder. The collected work of twenty-one litigation specialists and 100 practicing attorney advisors, California Causes of Action covers sixteen separate practice categories.” — Excerpted from California Journal of Law. No longer will you have to sift through opinion after opinion to find one that recites all the elements of a cause of action. California Causes of Action delivers both the elements and the supporting decisions, plus affirmative defenses, related causes of action, remedies, and statutes of limitations. Many of the causes of action are supported by full-text sample complaints in print and via Digital Access. This useful resource will help you draft pleadings, conduct discovery, marshal evidence, prepare jury instructions, make and respond to motions, and prepare appellate briefs for over 125 causes of action in 19 practice categories:
- Emotional Distress
- Physical Torts
- Procedural Torts
- Fraud and Negligent Misrepresentation
- Products Liability/Commercial Sales
- Debtor-Creditor: Fraudulent Transfers
- Business Torts and Actions
- Real Property Torts
- Real Estate Broker
- Contract Actions
- Defamation and Privacy
- Intellectual Property
- Animal Torts
- Construction Torts
- Governmental Tort Liability
- Wrongful Death/Survival Actions
California Causes of Action helps you avoid the cost, hassle, and risk of a demurrer by providing clear explanations of each element and annotated case notes—the clear framework with help you draft nearly invincible pleadings Drafting an answer or a cross complaint is also a breeze. With the detailed affirmative defenses for each cause of action, you’ll never second-guess the strength of your response again. Write with ease and confidence; write with California Causes of Action. California Causes of Action is not just a drafting tool to help you craft winning pleadings. It is an indispensable litigation tool you can use to ensure you have covered all the bases in your pre-suit investigation; in planning, preparing and responding to discovery; in drafting motions; and in preparing jury instructions. The new edition of California Causes of Action includes: 17 chapters updated with new and revised text, including 55 new citations to California cases. The chapter updates include expanded coverage of: Remedies for Negligence
- Compensatory damages;
- Emotional distress damages;
- Punitive damages; and
- Costs, fees and interest.
CCP §998 Offers to Compromise
- Multiple offers; and
- Post-trial costs, attorney’s fees, and pre-judgment interest.
- Assault and battery.
- Notice of Intent to Sue.
Primary Assumption of the Risk
- Availability to plaintiff as an affirmative defense to a counter-claim for damages in an elder or dependent-adult abuse case.
- Extended as a variant of the “firefighter’s rule” to veterinarians, nurse’s aides, and home health care workers.
- To defend;
- To indemnify;
- Of good faith and fair dealing.
- Completed and Accepted Doctrine – definition; authority; and form.
- Furnishing Alcoholic Beverages – providing alcohol to a minor.
3 new practice-proven sample Complaints
- Medical Malpractice; Medical Battery; Fraud
- Unruh Act; Wrongful Termination – Race/Gender Discrimination
- Wrongful Termination in Violation of Public Policy (Tameny Claim)
California Causes of Action overflows with thousands of citations to governing California cases, statutes, rules and jury instructions, to help speed your research. The sample Complaints will dramatically cut your drafting time, and allow you to work more efficiently and productively.
Chapter 1: Negligence
Chapter 2: Emotional Distress
Chapter 3: Physical Torts
Chapter 4: Procedural Torts
Chapter 5: Fraud and Negligent Misrepresentation
Chapter 6: Products Liability and Commercial Sales
Chapter 7: Debtor/Creditor: Fraudulent Transfers
Chapter 8: Business Torts and Actions
Chapter 9: Real Property Torts
Chapter 10: Real Estate Broker, Escrow Agent and Notary Liability
Chapter 11: Contract Actions
Chapter 12: Defamation and Privacy
Chapter 13: Insurance
Chapter 14: Employment
Chapter 15: Intellectual Property
Chapter 16: Animal Torts
Chapter 17: Industrial Injury/Third Party Cases
Chapter 18: Governmental Tort Liability
Chapter 19: Wrongful Death/Survival Action
Chapter 20: Family Law
Chapter 21: Defenses
Table of Cases
Stanton T. Mathews, ESQ.
Stanton “Terry” Mathews is the principal in the trial law specialty firm, Stanton T. Mathews & Associates, located in Orange County, California. The firm focuses its expertise on the prosecution of civil wrongdoers, individual, corporate and governmental, whose conduct causes personal injury and economic loss. Practicing law for more than 30 years, Mr. Mathews is an AV-rated trial lawyer, and a member of the American Board of Trial Advocates, an invitation-only national association of experienced trial lawyers and judges. He is a selected member of the Bar Register of Preeminent Lawyers in America, and his jury verdicts seat him with the Multi-Million Dollar Advocates Forum.
Mr. Mathews is a well-known lecturer on trial practice in all of its phases, lecturing for more than 20 years to the Orange County Bar Association, among others. He is a member of such trial organizations as the American Association for Justice, Consumer Attorneys of California, the Orange County Trial Lawyers Association, and the Western Trial Lawyers Association. You can learn more at www.mathewsfirm.com.
Kevin Lancaster, ESQ.
Kevin Lancaster has been a member of the Veen Firm, P.C., San Francisco since 1984. He practices exclusively in the plaintiffs’ personal injury area, focused on catastrophic industrial injury of union and non-union as well as industrial and agricultural workers, premises liability, professional negligence and products liability.
Mr. Lancaster graduated from the University of San Francisco School of Law (cum laude). He received his M.A. from the University of California, Santa Barbara and his B.A. from Northeastern University in Boston, Massachusetts. He is a member of the San Francisco Bar Association, California Bar Association and American Bar Association, Consumer Attorneys of California, San Francisco Trial Lawyers Association and Barrister’s Club of San Francisco. He also is a recipient of the American Jurisprudence Award, Excellence in Torts.
Kevin has been selected annually since 2005 by his peers as a Northern California SuperLawyer, as well as one of the Best Lawyers in America in the field of personal injury by U.S. News and World Report, 2014. He is a faculty member of the Tort and Trial series, which reviews all California and U.S. Supreme Court and appellate cases bearing on tort and trial practice. Mr. Lancaster also supports the moot court programs of Bay Area law schools and provides MCLE instruction for statewide and local trial lawyer chapters, the California Applicants Attorneys Association, the CEB and Industrial Safety Professionals.
Mr. Lancaster served as counsel in the reported cases of Ramirez v. Nelson, 44 C.4th 908 (2008); Medina v. Hillshore Partners, 40 Cal.App.4th 477 (1995); Nichols v. Keller, 15 Cal.App.4th 1672 (1993); and Rosso, Johnson, et al. v. Superior Court of San Francisco, 191 Cal.App.3d 1514 (1987). He is married and a proud father of four.
Kevin Lancaster can be contacted at K.Lancaster@VeenFirm.com concerning comments, errors or omissions.
Costa Mesa, CA 92626
Fax: (714) 556-4133