Trial Alchemy™ Podcast Tip: Credibility
In Podcast #8 of Trial Alchemy™, I interviewed ABOTA member and outstanding defense lawyer Steve Quattlebaum, the 2023 National President of the American Board of Trial Advocates.
Click on the video above to hear Steve talk about the importance of lawyer credibility.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch the podcast on YouTube, click here.
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...
Don't Add Settlement Terms When You Enforce A Settlement Under CCP 664.6!
New CA Settlement Case
Don't Add Settlement Tems When Enforcing a Settlement Under CCP 664.6!
Last month, the First District Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:
BTHHM Berkeley, LLC, et al. v. Johnston (2024) _ Cal.App.5th _ , 2024 WL 1336433: The Court of Appeal affirmed in part, and struck in part, the trial court’s order enforcing a settlement term sheet and entering judgment against defendant pursuant to Code of Civil Procedure section 664.6 (section 664.6). The Court of Appeal affirmed in part, concluding that the settlement term sheet was enforceable under section 664.6, the liquidated damages of $250,000 was not unreasonably out of proportion to the $2.2 million settlement, and defendant failed to show the liquidated damages provision was unreasonable under the circumstances as required by Civil Code section 1671(b). However, the trial court erred in awarding prejudgment interest. Section 664.6 authorizes a...
Trial Alchemy™ Podcast Tip: Juries After COVID
In Podcast #7 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff lawyer Ken Sigelman.
Click on the video above to hear Ken talk about how juries are acting after COVID.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch the podcast on YouTube, click here.
California Case Summaries™
Know the Law. Win More Cases.
California civil lawyers who know the new case law get a competitive advantage and win more cases.
But it's hard to know the new cases because California courts publish 500 new civil cases each year! Moreover, many of them significantly change the law!
The perfect solution is California Case Summaries™ with one-paragraph summaries, organized by legal topic, of every new CA civil case published throughout each year. Subscribers get monthly case...
Trial Alchemy™ Podcast Tip: Objections in Trial
In Podcast #6 of Trial Alchemy™, I interviewed ABOTA member and outstanding defense lawyer N. Denise Taylor, Esq. of Los Angeles County.
Click on the video above to hear Denise's advice about making objections in trial.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch the podcast on YouTube, click here.
California Case Summaries™
Know the Law. Win More Cases.
California civil lawyers who know the new case law get a competitive advantage and win more cases.
However, it's hard to know the new cases because California courts publish 500 new civil cases each year! Moreover, many of them significantly change the law!
The perfect solution is California Case Summaries™ which provides one-paragraph summaries, organized by legal topic, of every new CA civil case published...
Trial Alchemy™ Podcast: Ken Sigelman, Esq. Counsel for Plaintiff.
In Podcast #7 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff lawyer Ken Sigelman, Esq. of San Diego.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
Do well and be well.
Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™: Trial training & associate training
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]
Trial Alchemy™ Podcast: Cross-Examination
In Podcast #5 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff lawyer Brian Chase, Esq. of Orange County. Click on the video above to hear Brian discuss cross-examination. Once in a while, it can pay off to ask a question on cross even when you don't know what the answer will be!
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
As a civil trial lawyer, I help clients get excellent results in business, insurance bad faith, real property and tort (elder abuse, catastrophic personal injury and wrongful death) cases.
I also help California lawyers get excellent results in several ways:
- I serve as a mediator, arbitrator and referee with ADR Services, Inc. conducting hearings (Zoom and in-person) throughout California. I relentlessly pursue closure as a mediator. As an arbitrator and...
Don't Demurrer!
Don't Demurrer!
In the video above, I discuss the strategies for deciding whether or not to demurrer to a complaint. Most of the time, you don't want to demurrer!
As a civil trial lawyer, I help clients get excellent results in business, insurance bad faith, real property and tort (elder abuse, catastrophic personal injury and wrongful death) cases.
I also help California lawyers get excellent results in several ways:
- I serve as a mediator, arbitrator and referee with ADR Services, Inc. conducting hearings (Zoom and in-person) throughout California. I relentlessly pursue closure as a mediator. As an arbitrator and referee, I preside over relaxed and friendly hearings, carefully review all admitted evidence, and issue fair and impartial decisions. I handle business, employment, insurance (bad faith, coverage, UIM), probate, real property, and tort (elder abuse, legal malpractice, medical malpractice, personal injury, product liability, and wrongful...
Trial Alchemy™ Podcast: A Voir Dire Tip
In Podcast #5 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff lawyer Brian Chase, Esq. of Orange County. Click on the video above to hear Brian discuss part of his approach in voir dire with the potential jury.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
Do well and be well.
Stay safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™: Trial training & associate training
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]
New CA Civil Procedure Case
Were plaintiffs entitled to an award of attorney fees under Code of Civil Procedure section 2033.420 for proving the medical records were admissible as business records?
Last month, the Second District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my one-paragraph case summary below.
New CA Civil Procedure Case
Vargas v. Gallizzi (2023) _ Cal.App.5th _ , 2023 WL 6781376: The Court of Appeal affirmed in part, and reversed in part, the trial court’s post-trial orders, following a jury trial in a personal injury case where the jury awarded plaintiffs $15,125 in damages. The trial court denied plaintiffs’ request for $350,000 in attorney fees and costs pursuant to Code of Civil Procedure section 2033.420 based on defendant’s failure to admit requests for admission regarding the medical records, a timeline of treatment, and causation, and awarded defendant...
Trial Alchemy™ Podcast: You are Adversaries, Not Enemies
In Podcast #4 of Trial Alchemy™, I interviewed ABOTA member and outstanding defense lawyer Douglas DeGrave, Esq. of Orange County. Click on the video above to hear Doug discuss his advice to young trial lawyers: you are adversaries, not enemies.
Click here to listen to complete podcast. To listen to the podcast on Spotify, click here.
Do well and be well.
Stay safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™: Trial training & associate training
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]
