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Litigation Archives

Litigation: How to Manage Your Costs

Litigation is expensive. Some costs are absolute! Court fees are non-negotiable. Third party fees such as court reporters, depositions, process servers and others continue to rise. Attorney fees are expensive. What do you do if you need to file a lawsuit against a person or business?

Litigation & Attorney-Client Privilege: When Does It Apply?

Litigation, and all legal representation, creates by necessity an abondonment of "secrets" by the client.  The abondoment of "secrets" by the client is protected by the Attorney-Client Privilege.

How Do I Serve a "Dissolved" Corporation?

From time to time, civil litigation requires that a litigant sue a dissolved corporation. At common law, a corporation ceased to exist and could not sue or be sued once it had dissolved, but the California legislature abandoned these common law rules in 1929. See Penasquitos, Inc. v. Superior Court (1991) 53 Cal. 3d 1180, 1184-85.

Plaintiffs Sue Group of Surfers and City of Palos Verdes Estates

In a strange story, an El Segundo police officer and several other named plaintiffs have initiated class action litigation against a group of surfers referred to as the Lunada Bay Boys, the City of Palos Verdes Estates, and the city's chief of police. The plaintiffs allege that "non-resident, non-local visiting beachgoers to Palos Verdes Estates have been unlawfully excluded from recreational opportunities at Palos Verdes Estates parks, beaches, and access to the ocean." Further, the plaintiffs argue that the Lunada Bay Boys, with the approval of the city, have "knowingly built and maintain[] an unpermitted masonry-rock-and-wood fort and seat area in violation of the California Coastal Act."

Cosby Relies Upon Homeowners' Insurance to Defend Litigation

In a move that many people would consider questionable, Bill Cosby moved forward to use an umbrella policy tied to his homeowners' insurance to pay his legal fees and any potential judgments stemming from the litigation brought against him. This attempt, however, has been challenged by his insurance company, American International Group (AIG), who argues that Cosby isn't covered because of exclusions for sexual misconduct. In November, a federal judge ruled against AIG and found that the exclusion doesn't apply because Cosby's statements, not his alleged sexual misconduct, are the subject-matter of the pending defamation lawsuits (ten women across three states). Since then, AIG has stated that they plan to appeal the ruling and have amended their complaint citing other reasons that they shouldn't be required to cover Mr. Cosby.

Ever Changing Court Rules May Cost Clients Money & Delays

Litigation is expensive and time-consuming, but at times it is part of our personal and business lives. The court system is suffering from a lack of funds to properly staff for the needs and demands of the public.  In an effort to cut down on courtroom time by eliminating or dissuading certain court proceedings, the legislature has changed the rules, some of which are discussed here.

Landlords Can Avoid Most Litigation

Most litigation that confronts the owners of rental property can be avoided through (1) the use of a properly drafted lease specific to the property and (2) management of the property consistent with that lease agreement. (Management is an issue that will be discussed in a later blog.)

You Won in Court - Now What?

Litigation is common in real estate matters, mobilehome parks and businesses. Many clients view the trial as the end but often do not realize that obtaining a monetary judgment and actually collecting the dollars can be two very different things.  Statistically about 80% of all judgments awarded are never collected and for many collection is the most difficult part of winning a lawsuit.  While the court has the sole responsibility to award the judgment, once the successful party has the judgment, it is their sole responsibility to enforce the judgment and collect the dollars.

Watch Out for Underprepared Witnesses in Litigation

Most witnesses, even seasoned experts, enter trial with a clear story and narrative in their head. However, after the lengthy questioning of direct examination, the scrutiny of opposing counsel under cross-examination, and the pressure of the witness box, many expert witnesses can have their testimony broken down into confusing mush.

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The Loftin Firm, P.C.

The Loftin Firm, P.C.
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Carlsbad, California 92008-4713

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