New CA Settlement Case

Can a derivative action be settled without
express trial court approval?

Last month, the California Court of Appeal decided this important issue:

Norman v. Strateman et al. (2025) __ Cal.App.5th __, 2025 WL 1718303: The Court of Appeal reversed the trial court’s order granting defendants’ motion to enforce a settlement agreement and its order denying plaintiff’s motion to set aside a settlement agreement. After defendants closed Intersango, a start-up cryptocurrency exchange, plaintiff filed a derivative action alleging numerous causes of action against defendants. Defendants later filed a derivative cross-complaint against plaintiff. Before trial the parties entered into a settlement agreement and put it on the record before a settlement judge, not the trial judge. Neither the settlement judge nor the trial judge expressly approved the settlement of the case. When the parties later filed their motions to set aside and enforce the settlement, the trial judge gran...

In the newest episode of Trial Alchemy™, I do something different. Less than half-way through this year in 2025 we've seen an unprecedented number of events that have impacted and created challenges to the Rule of Law that is a key fundamental foundation underlying our democracy in the United States. In this episode I have a wide-ranging discussion with Jennifer Haltom Doan, Esq., the 2025 National President of the American Board of Trial Advocates, about the Rule of Law. Thanks for listening!

You can watch the video above to listen to the complete podcast.
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Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real propert...

In Season 3, Podcast #21 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff attorney Craig M. Peters, Esq.  

Click on the video above to hear Craig discuss how, in his experience, attorney credibility is more important in persuading a jury than trial themes. 

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Civil Trial Services

Monty handles a few select civil cases where he represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using his experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, Monty's goal is to get each client the best possible result. Clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, emai...

In the newest episode of Trial Alchemy™, I interview ABOTA member and outstanding plaintiff trial lawyer Craig M. Peters, Esq. about what works, and what doesn't work in civil jury trials. Listen today to learn from a civil jury trial expert!   
 

Click here to listen to complete podcast.
To listen to this episode and earlier episodes on Spotify, click here.
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Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rate...

n Season 3, Podcast #20 of Trial Alchemy™, I interviewed ABOTA member and outstanding defense attorney Walter M. Yoka, Esq.  

Click on the video above to hear Wally discuss how defense lawyers can cross-examine the plaintiff's expert in the defense opening statement. The defense opening is the only time in a trial that the defense gets the last word.

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Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm atten...

New CA Meal Break Case

Is a written prospective waiver of a meal break effective for shifts between five and six hours?

Last month, the California Court of Appeal decided this issue of first impression. Below is my one-paragraph summary of this new decision:

Bradsbery v. Vicar Operating, Inc. (2025) __ Cal.App.5th __, 2025 WL 1155812: The Court of Appeal ruled on an issue of first impression regarding meal breaks. Can an effective mutual waiver by an employer and employee of the 30-minute meal period after five hours of work, occur prospectively and in writing pursuant to Labor Code Section 512, which provides that for shifts between five and six hours the first meal period may be waived by mutual consent of both the employer and employee? The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment in plaintiffs’ wage and hour action alleging that defendant failed to provide employees with the meal periods required by section 512 and IWC Wage ...

In the newest episode of Trial Alchemy™, I interview ABOTA member and outstanding defense trial lawyer Walter M. Yoka, Esq. about what works, and what doesn't work in civil jury trials. Listen today to learn from a civil jury trial expert!   
 

Click here to listen to complete podcast.
To listen to or watch this episode and earlier episodes on Spotify, click here.
To listen to this episode and earlier episodes on Apple Podcasts, click here.
To watch and listen to this episode and earlier episodes on YouTube, click here. 

Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable r...

In Season 3, Podcast #19 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff attorney David J. Munoz, Esq.  

Click on the video above to hear David discuss how younger attorneys can get civil jury trial experience today. 

Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
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Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (...

New CA Torts Case

Is an injured school district volunteer limited to workers’ compensation damages?

Last month, the California Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:

Kuo v. Dublin Unified School Dist. (2025) _ Cal.App.5th _, 2025 WL 783206: The Court of Appeal affirmed the trial court’s order granting defendant’s motion for summary judgment in plaintiffs’ action alleging the wrongful death of decedent Catherine Kuo after she was crushed between two vehicles while volunteering for a middle school program called the “Farmers to Families Food Box Program.” The trial court properly granted the motion for summary judgment. The Court of Appeal concluded that fatal injuries unambiguously fell into the category of “any injury” according to the plain meaning of Labor Code section 3364.5. Moreover, decedent was deemed an employee entitled to workers’ compensation benefits because defendant adopted a resolution stating, “in accordance with S...

In the newest episode of Trial Alchemy™, I interview ABOTA member and outstanding plaintiff trial lawyer David J. Munoz, Esq. about what works, and what doesn't work in civil jury trials. Listen today to learn from a civil jury trial expert!   
 

Click here to listen to complete podcast.
To listen to or watch this episode and earlier episodes on Spotify, click here.
To listen to this episode and earlier episodes on Apple Podcasts, click here.
To watch and listen to this episode and earlier episodes on YouTube, click here. 

Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasona...