This edition of California Pretrial Practice revision 11 updates 20 chapters, adds 35 new sections, hundreds of new cases, and dozens of cautions and practical tips. California Pretrial Practice gives you clear, concise explanations of the statutes, rules, and case law covering everything from taking the case up to trial.
Some of the many topics addressed include:
- Out-of-state drug manufacturer with substantial California sales could be sued by both resident and non-
resident plaintiffs for injuries caused by those drugs.
- Internet based defamation subjects defamer to jurisdiction if it targets state, but targeting of California resident alone is insufficient.
STATUTES OF LIMITATIONS
- Limitations period for claims against attorneys and health care providers for professional negligence short-ened to one year from discovery of injury unless exception applies.
ATTACKING THE PLEADINGS
- Demurrer not permitted to any part of amended complaint that could have been raised in earlier demurrer
- Meet and confer requirements before filing a demurrer are explained.
- Anti-SLAPP motions ruled true motions to strike by California Supreme Court.
- Anti-SLAPP motions in cases involving governmental entities.
- Arbitrator, not court, presumed to have authority to determine whether an arbitration agreement permits class-wide arbitration when the agreement is silent or ambiguous.
- Agreement of parties alone is insufficient for sealing court records; court must make four specific findings.
- When constitutional right of privacy is involved, proponent must show discovery sought is directly relevant and essential to the fair resolution of the underlying lawsuit.
- In a suit between joint clients or in a malpractice lawsuit, attorney client communications relevant to the claims are not protected by the attorney-client privilege.
- Waiver of the attorney client or work product privilege improper as a sanction for failing to provide an adequate privilege log.
- Terminating sanctions order was fundamentally flawed where record failed to show other sanctions could not remedy effects of discovery violations.
- E-mails contained on the City’s municipal computers to the extent they contain information relating to the conduct of the public’s business are public records.
- Form Interrogatory 12.1 construed to call for identity of percipient witnesses and not witnesses who may have information concerning injuries or damages.
REQUESTS FOR ADMISSIONS
- Deemed admission that doctor met the applicable standard of care was proper basis for summary judgment.
- Determining whether tardy responses are substantially code-compliant requires responses to be evaluate qualitatively in toto; court may not segregate each individual response.
- Courts should welcome motions to strike irrelevant material; trial court could have stricken thousands of pages of confidential discovery materials plaintiffs submitted but never referenced in their opposing papers.
- Seven factors courts consider in deciding whether to continue a summary judgment motion to permit additional discovery.
- Mandatory relief under section 473(b) for any dismissal entered encompasses dismissals entered as a terminating sanction for discovery abuse.
- When seeking mandatory relief from default or default judgment based on attorney error, reasons for attorney error are irrelevant.
- Renewed motion for relief from default predicated on attorney fault must comply with CCP §1008, showing new facts, circumstances, or law.
- Second motion for relief from default judgment must also comply with CCP §1008.
- Insurer’s obligation to engage in good faith settlement negotiations.
- Statutory offers to compromise: requirements for a valid offer; joint offers to multiple plaintiffs; joint offers by defendants; and multiple offers.