A civil lawsuit starts with filing a “complaint” and ends either by trial, appeal or settlement. However, the vast majority of time and expense is incurred in “discovery,” which is the process of both gathering evidence for trial and also requiring the opposing party to disclose, under ...
The discovery rule represents a type of equitable tolling. What is a statute of limitations? A California statute of limitations is a deadline or period of time by which you must file a lawsuit or civil cause of action. State law says that, as a general rule, once the limitations period...
California Governor Edmund Brown has added his voice to a number of California legislators calling for an overhaul of the state's Safe Drinking Water and Toxic Enforcement Act of 1986 – better known as Proposition 65 (the number of the ballot in...
California Discovery Citations (The Rutter Group Civil Litigation Series)David N. Finley
In 1986 the Legislature temporarily modified this rule by amending Code of Civil Procedure section 410.30, subdivision (a), the inconvenient forum statute which permits a court to stay or dismiss an action if in the interest of substantial justice it should be heard in a forum outside this sta...
especially the elderly and all ill prisoners who are clearly vulnerable and at risk of not only dying from the coronavirus or suffering from a civil death – where men and women are left to suffer indefinitely – which falls under the Eighth Amendment of the U.S. Constitution, prohibiting cru...
American writers such as Bret Harte and Mark Twain have recorded the local color as well as the violence and human tragedies of the roaring mining camps.Statehood and ImmigrationWith the gold rush came a huge increase in population and a pressing need for civil government. In 1849, ...
Plaintiffs’ complaint against DIRECTV[4] alleges three causes of action: (1) violation of the UCL, (2) interference with civil rights (Civ.Code, § 52.1), and (3) extortion and duress. The operative complaint alleges “the demands constitute extortion.” The complaint also alleges the ...
California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act. Modeled after the Biden Administration’sBlueprint for an AI Bill of Rights (whitehouse.gov),AB 331 would control the use of machine-based systems in making “consequential”...
A negligence lawsuit that has been filed after the applicable statute of limitations has expired can be dismissed. Defendants in the case only have to file a motion to dismiss the lawsuit for being time-barred. According to the California Civil Jury Instructions: Defendant contends that the plain...