News

"It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read…."

—James Madison, Federalist 62

The pursuit of a perfectly detailed understanding of anything eventually loses the truth because one knows too much. Historians, for instance, in their microscopic focus on their craft, once concluded the ancient city of Troy never existed, until Heinrich Schliemann exhumed not only one Troy but seven.

Following the daily churn of statutes passed by legislatures and cases interpreting and reinterpreting them, one could be led to observe, as Mark Twain did of New England weather, that if you don’t like it, just wait a few minutes. But as many of the articles on this page will suggest, the law tends to follow rather fixed patterns. We hope these articles, many about legal outcomes that seem surprising, will suggest the law might be more predictable than you think.


Legal Articles

A Default Judgment Was Entered Against You Without Your knowledge. What Can You do?

California Supremes on Attorneys’ Fees: A "Procedural Victory" Might, or Might Not, Merit a Fee Award

DisputeSuite.com v. ScoreInc.com holds a defendant that successfully obtains dismissal based on a contractual agreement to litigate in a different forum is not entitled to fees, so long as the plaintiff timely proceeds with the litigation in the correct forum

Attention Estate Planners: QPRTs May be Deemed Revocable!

Bank Ordered To Pay Homeowners' Attorney Fees For Improper "Dual-tracking"

Black-and-white Statue Of Limitation For Attorney Malpractice Actions Gets A Fresh Coat Of Gray

Recent California Court of Appeal holds the one-year deadline to sue a former attorney starts when the former attorney serves the motion to withdraw – not when the motion is eventually granted

Brokers: Get Your Commission Agreements In Writing!

California Supreme Court: Public Records Act Covers Public Officials' & Employees' Private Devices

Can A Trial Court Reduce Attorneys' Fees In A Settlement?

Checkmating A Checkers Opponent With CCP § 998 Offers

Collecting Against Spendthrifts In Bankruptcy, Judgement Collection

Does The Judiciary Understand Judicial Admissions?

Conflicting analysis in Barsegian v. Kessler & Kessler suggests some judges may be conflating judicial admissions with joint stipulations

Employer Underpays Departing Employee $300, Gets Stuck With $30,000 For Employee's Legal Fees

Employers Can Protect Their Workforce Without Engaging In Unlawful Restraint Of Trade

Following Edwards v. Arthur Anderson, most employer restraints on trade are unlawful in California. This guide surveys employers’ remaining options to protect their valuable hires.

Finding Justice In The Grinding Gears Of Litigation

If a Choice-law Clause Matters, So Does The Forum

Irrevocable Trusts: Not Foolprrof Asset Protection Devices

Litigation-funding Industry Continues To Grow

Of Good Fences, Bad Neighbors And Recovering Legal Costs

Patio Furniture Does Not Establish An Equitable Easement

Pokemon Maker Seeks Dismissal Of Nuisance & Disgorgement Suit

SLAPP News california Supreme Court reiterates, again, that wrongdoing is not "speech" just because someone talked about it.

You May Be Able to Limit "Consequential Damages" in Your Contracts