Litigation & Appeal

How Do You Enforce An Oral Contract?

California oral contracts may be enforced when the basic elements of a contract are present and supported by solid proof. This article covers when a verbal agreement must be written and what proof may help in court.

What Does It Mean: Retaining A Lawyer or Lawyer on Retainer Mean?

What does retaining a lawyer mean? This article explains legal retainers, advance fees, trust accounts, and client rights. It covers retainer agreements, payment terms, refund rules, and how lawyers bill against upfront deposits.

How Do You Make a Verbal Agreement Legally Binding?

Find out when a verbal agreement is legally binding in California, including required contract elements and statutory exceptions. Review practical steps to strengthen enforceability and reduce risk when relying on oral agreements.

Is a Verbal Contract Legally Binding?

Verbal contracts can be legally binding in California when they include intent, offer, acceptance, and consideration, backed by proof. Find out when the Statute of Frauds requires writing, and how emails, texts, and witnesses can prove your agreement.

APPROVED AS TO FORM – Why Attorneys Should Avoid Signing Settlement Agreements

Understanding the Superiority of Live In-Person Deposition vs Video Deposition

The article argues that in-person depositions offer significant advantages over video depositions by allowing attorneys to better interpret witness behavior and credibility through non-verbal cues.

General Damages and Special Damages in Personal Injury Lawsuit

There are two separate types of compensatory damages: The non-economic damages are known as ‘general damages’ and they fall under the title of ‘pain and suffering’ general damages. Special Damages are nothing but economic damages; the medical expenditures, the earnings lost, every penny spent to a person because of the injury.

Subpoena to Appear At Hearing or Trial vs Notice to Appear At Trial

A notice to appear at trial is a formal document served on a party involved in a legal case, requiring them to be present at the trial. In contrast, a subpoena is typically issued to a third party who is not directly involved in the litigation, compelling them to attend the trial.

Trustee Responsibilities

A trustee is a person who manages a trust’s assets for the benefit of the trust’s beneficiaries. The trustee’s duties and responsibilities include managing the trust’s assets, distributing funds to the beneficiaries, filing taxes on the trust’s income, and keeping accurate records.

Trustee And Beneficiary Conflict of Interest

California law prohibits the trustee from creating a conflict of interest with the trust because the trustee owes a “fiduciary duty” to the trust and its beneficiaries.

What is The Burden of Proof in Civil Case?

In a civil case, the plaintiff has the burden of proof, which means the plaintiff must convince the jury that the facts are as presented and that there is grounds for the case.

Trial Preparation Checklist

This trial preparation checklist helps you perform the essential tasks for the trial readiness conference and trial call.

Why are most civil cases settled before they go to trial?

Most civil cases settled without trial because all the parties determined that it is the most efficient method to resolve their dispute and control the outcome.

Statute of Frauds California

The Statute of Frauds in California requires certain types of contracts to be written and signed by all parties to be enforceable.

Motion for Remand

A motion for remain must be made within 30 days after the notice of removal is filed. A motion to remand the case may be made on the basis of any defect other than lack of subject matter jurisdiction.

Motion to Quash Subpoena

A person may file a motion to quash a subpoena if their medical records, consumer records, employment records, or personally identifying information are contacted in the documents sought by the subpoena.

Remedies for Adverse Orders

You can seek relief by filing a motion for reconsideration or seek relief by an appellate review.

Learn Tricks Lawyers Use in Depositions

Litigation attorneys use tricks in a deposition to obstruct fact finding and confuse witnesses. Learn how to identify tricky questions.

CACI Prejudgment Interest

Under Civil Code section 3288, the trier of fact may award prejudgment interest in an action for the breach of an obligation.

CACI Equitable Estoppel Statute of Limitation

Mediation vs Arbitration

Mediation is a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiating, and settling their dispute. Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.

Burden of Proof

The burden of proof determines which party is responsible for putting forth evidence and in order to win a case in court. Generally, the burden of proof is that one party has the burden to show that they are correct. With exceptions, a plaintiff has the burden of proof at trial.

What is compensatory damages?

In a civil lawsuit, compensatory damages are money awarded to a plaintiff that compensates for damages, money lost, injury, and future monetary losses. The courts in California break compensatory damages down into two types: special and general.

Can a witness refuse to testify in a civil case?

No. A witness cannot simply refuse to testify. However, despite the court's order to do so, witnesses sometimes refuse to testify. But there are exceptions to the rule that a witness must testify.

Rights of Trust Beneficiary

A trust beneficiary is entitled to information on assets, liabilities, income, bank statements, financial statements, and accounting.

When are attorneys’ fees recoverable in California?

California attorneys fees statute Rules of Court 3.1702(a) states that attorney's fees are recoverable to the prevailing party, and a statute or contract permits the prevailing party to recover attorneys’ fees.

California Prejudgment Interest

California prejudgment interest statute is set forth in Civil Code 3288 and 3287 which permit a legal rate of 7% to 10% per year unless stated otherwise by contract.

Duties of a Trustee of An Irrevocable Trust

The duties of a trustee of an irrevocable trust require 1) prudent investment of the asset of the trust, 2) distributing the trust assets to the beneficiary according to the terms of the trust, and 3) acting in the best interest of the beneficiaries.

Responsibility of a Trustee

The responsibility of a trustee includes managing and administering the assets held in the trust, distribution of the assets according to the terms of the trust, and tax filings. Additionally, a trustee's duties include maintaining insurance for trust property, paying the trust’s bills, and acting in the beneficiaries' best interests.

Relief For Beneficiaries Suing for Breach Of Fiduciary Duty

When a fiduciary breaches their duty, the courts can order relief that restores the beneficiaries to whole, including property transfer, injunction, money damages, and removal of a trustee.

Duties of a Trustee

The duties of a trustee include managing the trust assets, distributing the assets, and filing tax returns for the trust.

California Class Action Requirements

California class action requires the plaintiff to establish that there is an ascertainable class and a well-defined community of interest among the class members.

How to Enforce a Verbal Contract

For a contract – verbal, oral, or written – to be valid and enforceable in court, the aggrieved party must prove in court: 1) An offer was made, 2) the offer was accepted, 3) value was exchanged, 4) the aggrieved party sustained damages.

How Can Verbal Contracts Be Enforced?

To enforce a verbal contract, the following elements must be proven: 1. An offer was made, 2. The offer was accepted 3. Consideration was exchanged 4. All parties had a meeting of the mind, and 5. The aggrieved party sustained damages.

Are Oral Contracts Enforceable in California?

Oral contacts in businesses are indeed enforceable and binding in California. The party insisting that an oral contract existed must show by witnesses or documents such as text messages, emails, receipts, or that something was done that benefited the breaching party.

What is a Summons and what to do?

When a summon is issued, the other involved party is served with complaints, subpoenas, court summons, and various additional documents. If an individual is served with these official documents, they become a defendant by law.

What Is a Deposition?

Types of Evidence in Court

Lying Under Oath

How Does Criminal DNA Evidence Work?

What Is a Motion to Dismiss?

What Is a Summary Judgement Motion?

A motion for summary judgment is a motion asking the court to issue decision judgment on the plaintiff's claim. A summary judgment is a judgment without a full trial entered by a court in favor of a party and against another party.

What Is Civil Litigation?

What Does Et Al. Mean?

When Do I Need a Los Angeles Civil Litigation Attorney

Most civil attorneys offer free consultations, so if in doubt, book a free consultation to speak to a civil litigation attorney. During the consultation, the Los Angeles civil attorney will ask for the details of the case and advise you if you need legal help and what the next steps should be.