Articles

Articles


To Default or Not to Default - California Code of Civil Procedure section 473(b)

You have served the defendant and are in contact with their attorney. You are talking settlement, but the time to respond for the defendant is at hand, do you take their default without first notifying defense counsel? You can, but should you? Read More

"How to Argue & Win Every Time: At Home, At Work, In Court, Everywhere, Everyday" by Gerry Spence, one of the most preeminent trial lawyers in the United States today. This is a must read for moms, dads, kids, employees and yes, lawyers too. Peppered with colorful stories from Mr. Spence's life, his wins and his losses. Worth every penny. Click here and get a copy.

Two Common Exceptions to a Claim of Exemption - California Code of Civil Procedure section 703.510.

You have done your homework and entered judgment against the defendant. You have obtained a writ and are now seeking to levy their bank account. However, in the mail comes a Notice of Claim of Exemption. Read More

"Sam Walton: Made in America" by Sam Walton, a truly inspiring autobiography by an American business icon. Whatever you think of Wal-Mart and Sam's Club, Mr. Walton built a multi-billion dollar business from a single shop in the back waters of Arkansas. Negotiations, business law, management, contracts, wages, production, distribution, labor, this book covers it all. He coined the phrase, "Over the shoulder management." Down home, simple and quintessentially American. An entrepreneur's Bible. Check it out here Thank me later.

The Judgment Debtor Strikes BackCalifornia Code of Civil Procedure section 425.16.

You have your judgment and you are levying accounts and seizing property. So far, so good. Then you get a call from your creditor client, they just got served with a lawsuit and a motion for a preliminary injunction by the debtor. Read More

The Art of Cross-Examinationby Francis Wellman, Esq.

Whether you have an upcoming deposition or trial or maybe you just enjoy observing a good grilling on the stand, either way, Mr. Wellman’s book is full of tips and lively examples of the Art of Cross-Examination, get a copy here. Read More in HTML or Read it in PDF

Cross-Examination of an alleged sexual harassment plaintiffby Eric Michael Papp, Esq.

An entertaining portion of a cross-examination of an alleged victim of sexual harassment. The harassment supposedly took place at a work related convention in Las Vegas. Problem is, she can’t quite keep the facts of her already unbelievable story straight. Read More

Susanna.

A Biblical story of an innocent lady saved by a brilliant cross-exam. Worked then, still works today. Read More

"Prompt Payment" Statute - California Business & Professions Code section 7108.6

Your contractor client paid his subcontractor, but the subcontractor now claims he was not paid fast enough and demands an additional 2% penalty on top of the bill. Should your client pay it? Read More

"Objection, Your Honor!"by Eric Michael Papp, Esq.

This book contains some of the most memorable quotations from the World’s greatest orators, thinkers and philosophers. It was compiled for litigators and litigants who have already begun the journey or are about to embark on that long road in search of vindication and truth. Read the E-Book here

Reasonable Settlement Offers and Prevailing Party Attorney’s Fees.

The case is over and now comes the battle over attorney’s fees. However, an early and reasonable offer to settle was made, but the litigation continued unabated, achieving, in the end, no better result then the early settlement offer. In this circumstance, should the full measure of attorney’s fees be awarded? Read More

Appealing Only Attorney's Fees and CostsCalifornia Code of Civil Procedure section 904.1(a)(2).

You win! However, in a surprising move, the debtor pays the judgment, but also files a "Notice of Appeal" limited solely to "An order after judgment under Code of Civil Procedure section 904.1(a)(2)." (i.e. for the attorney’s fees and costs). Must the debtor file a bond to stay collection of the fees and costs pending the appeal? Read More

What is the applicable Statute of Limitations for an “Unlicensed Contractor Disgorgement” claim?California Business & Professions Code section 7031.

Your dream remodeling job is done. But, it’s actually a nightmare. Now, you discover that your “contractor” doesn’t even have a license! A quick look at your calendar reveals a lot of time has passed since your “contractor” left the job. How much time do you have to seek return of all the money you paid to your unlicensed contractor? A good question. Read More

Hints on Advocacyby Richard Harris, Esq.

A great read for both the experienced trial lawyer or person simply interested in the art of advocacy. This foundational book covers every aspect of trial, focusing on the cross-examination of the commonly encountered witnesses using “illustrative cases.” Read it in PDF

The Triangle Shirtwaist Factory fire trial transcript

Near quitting time on an average Saturday afternoon in March of 1911, a heartbreaking and preventable tragedy in Manhattan erupted. It later became known as The Triangle Shirtwaist Factory fire. One of the saddest episodes in US history in which 146 garment workers – 123 women (aged from 14 to 23) and 23 men perished from fire, smoke inhalation or jumping to their deaths. Read the absolutely riveting and horrific trial transcript here in PDF

Waiver of Right to a Jury TrialCalifornia Code of Civil Procedure section 631.

The other side posted jury fees and demanded a jury. However, your side did not. Why not? Who knows. Then, right before trial, the other side suddenly files a, "Written Consent of Waiver of Jury" pursuant to CCP § 631(f)(2). But, now, you want a jury trial, is all hope lost? Read More