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California Laws

Can You File a Lawsuit Using a Pseudonym and Not Your Real Name?

By Eric Ganci

Filing a lawsuit in California, or anywhere, requires big decisions. One decision may be if you file, you may need to put your actual name on file, for all the public to have access to.

In an MSJ, Show Your Expert Work, Not Just Expert Conclusions – Fajardo v. Dailey

By Eric Ganci

Fajardo v. Dailey filed 10/14/22

In civil law, Defendant can file a motion for summary judgment (an MSJ as we shorten it in the legal biz). I shan’t get deep into what is an MSJ or the law behind it, but at 30,000 feet the law is this: “A court may grant a motion for summary judgment ‘only when ‘all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’”

More Recent Case Law Re CCP 998 Offers: Council for Education v. Starbucks, 10/26/22

By Eric Ganci

We recently posted a blog about California Code of Civil Procedure (CCP) section 998 offers with the help of Martha Klak—a very talented, bright star of a law clerk at our office.

Do schools owe a duty to protect students from 3rd parties? Achay v. Huntington Beach Unified High School District

July 8, 2022 Blog,California Laws

By Eric Ganci

The facts of this 6/28/22 California Court of Appeals decision Achay v. Huntington Beach Unified High School District (cited as 2022 WL 2339171) are sad: a high school student attends track practice after regular school hours.

Discovery responses matter: Field v. U.S. Bank National Association

June 28, 2022 Blog,California Laws

By Eric Ganci

In civil litigation, Parties have the ability to serve (the fancy word is “to propound”) formal discovery questions on the other sides. One purpose of formal discovery is to focus the case to the issues which need litigation and to possibly sector-off issues which Parties may agree or admit.

Considerations for drafting Requests for Admissions (RFAs) in California

June 15, 2022 Blog,California Laws

By Eric Ganci

Before I dive into this info, let me give props to Noah Moss of our office. He’s a talent filled with great approaches and ideas, and this research spawned from him discussing drafting requests for admissions in a way to hold Defendants accountable in a structured way.

Must Plaintiff prove Defendant’s wealth to claim punitive damages? Doe v. Lee

June 14, 2022 Blog,California Laws

By Eric Ganci

If a person has acted improperly (negligently or maybe intentionally) and harmed someone else, sometimes California law allows Plaintiff to seek “punitive damages.” These damages serve to compensate the Plaintiff for injuries…and to punish the Defendant for the wrongful acts.

If A Witness is Disclosed Late, Can That Witness Still Testify at Trial?

June 2, 2022 Blog,California Laws

By Eric Ganci

Here’s the scenario: you are prepping for a civil trial and late in the game, you just found a witness that you need or want to testify for your trial.