New CA Civil Procedure Case
New CA Civil Procedure Case
Does CCP § 437.5's two-year time limit apply to
CCP § 473(d) motions to vacate a judgment that is void?
Last month, the California Supreme Court addressed this issue. Below is my one-paragraph summary of this new decision:
California Capital Insurance Company v. Hoehn (2024) _Cal. 5th_, 2024 WL 4812045:
The California Supreme Court overruled the rule in Rogers v. Silverman (1989) 216 Cal.App.3d 1114 (Rogers) and its progeny that Code of Civil Procedure section 437.5's two-year time limit applies to Code of Civil Procedure section 473(d) motions to vacate a judgment that is void, stating that procedural hurdles that are unnecessary to the fair adjudication of default judgments should not stand in the way of the vindication of a defendant's due process rights. In the underlying case plaintiff attempted to serve defendant in 2010 and allegedly obtained substituted service on defendant's girlfriend. In 2011 plaintiff obtained a default judgment...
Trial Alchemy™ Podcast: La'Verne Edney, Esq. Counsel for the Defendant.
In the newest episode of Trial Alchemy™, I interview 2024 ABOTA National President and outstanding defense attorney La'Verne Edney, Esq. about what works, and what doesn't work in civil jury trials. Listen today to learn from a trial expert!
Click here to listen to complete podcast.
To listen to this episode and earlier episodes on Spotify, click here.
To listen to this episode and earlier episodes on Apple Podcasts, click here.
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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...
New Civil Procedure Case re CCP 998 Offers
New CA Civil Procedure Case re CCP 998 Offers
Are simultaneous alternative 998 offers valid?
Last month, the California Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:
Gorobets v. Jaguar Land Rover North America, LLC (2024) _ Cal.App.5th _ , 2024 WL 4456864: In this important new case dealing with CCP 998 offers, the Court of Appeal affirmed the trial court’s order holding that because defendant had sent one valid CCP 998 offer that plaintiff rejected, and plaintiff failed to get a more favorable result at trial, plaintiff’s costs and attorney fees were limited and defendant was awarded its post-offer costs. The twist in this case was that defendant made two simultaneous 998 offers that it labeled as “alternative offers.” After plaintiff leased a lease a new 2016 Land Rover LR4 from defendant, he experienced numerous defects and nonconformities that defendant was unable to repair. Plaintiff sued...
Trial Alchemy™ Podcast: Jude Basile, Esq. Counsel for the Plaintiff.
In the newest episode of Trial Alchemy™, I interview Inner Circle of Advocates member and outstanding plaintiff civil trial lawyer Jude Basile about what works, and what doesn't work in civil jury trials. Listen today to learn from a trial expert!
Click here to listen to complete podcast.
To listen to 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.
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...
Trial Alchemy™ tip: Judge Barton says Cross-Examination is the Most Important Part of a Jury Trial
In Podcast #13 of Trial Alchemy™, I interviewed ABOTA member and outstanding retired civil trial judge Hon. Jeffrey B. Barton.
Click on the video above to hear Judge Barton discuss why he thinks that the most important part of a civil jury trial is the cross-examination.
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 and listen to the podcast 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...
New Business & Professions Code Case
New CA Business & Professions Code Case
When a contractor’s workers’ compensation coverage is cancelled because the contractor refuses to pay outstanding premiums due, is this due to circumstances beyond its control?
Last month, the California Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:
American Building Innovations v. Balfour Beatty Construction (2024) _ Cal.App.5th _ , 2024 WL 4020024: The Court of Appeal affirmed the trial court’s decision, following a bench trial on one of defendant’s affirmative defenses, concluding that plaintiff was not “a duly licensed contractor at all times during the performance” and therefore could not bring or maintain this action or recover compensation for its work. Plaintiff had workers compensation coverage when it began working on a project, but the carrier cancelled the policy when plaintiff refused to pay outstanding premiums charged on a...
Trial Alchemy™ Podcast Tips for Effective Law and Motion and Discovery
In Podcast #13 of Trial Alchemy™, I interviewed ABOTA member and outstanding retired civil trial judge Hon. Jeffrey B. Barton.
Click on the video above to hear Judge Barton's tips for effective Law and Motion and Discovery Motions.
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 and listen to the podcast 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 rates. To discuss a potential...
New CA PAGA/Employment Case
New CA PAGA/Employment Case
Can PAGA plaintiffs in other PAGA actions intervene in a PAGA action
to object to a settlement and seek to vacate the judgment?
Last month, the California Supreme Court addressed this issue. Below is my one-paragraph summary of this new decision:
Turrieta v. Lyft, Inc. (2024) _ Cal.5th _ , 2024 WL 3611975: The California Supreme Court affirmed the Court of Appeal’s decision that had affirmed the trial court’s order denying motions, by other employees who had filed separate PAGA actions against defendant employer, to intervene in this PAGA action and submit objections to the settlement and to vacate the judgment. This case involved what has become a common scenario in PAGA litigation: multiple persons claiming to be an “aggrieved employee” within the meaning of PAGA file separate and independent lawsuits seeking recovery of civil penalties from the same employer for the same alleged Labor Code violations....
Trial Alchemy™ Podcast: Hon. Jeffrey B. Barton (Ret.)
In Podcast Episode #13 of Trial Alchemy™, I interview ABOTA member and outstanding civil trial judge Hon. Jeffrey B. Barton (Ret.). Listen today to learn from a trial expert.
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 and listen to the podcast on YouTube, click here.
Do well and be well.
Best regards,
Monty A. McIntyre, Esq.
Business, Insurance Bad Faith, Real Property and Tort Litigation.
Master Lawyer Mentoring™: Trial training & associate training
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA attorney since 1980. ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]
Trial Alchemy™ Podcast Tip: Preparing for Trial.
In Podcast #12 of Trial Alchemy™, I interviewed ABOTA member and outstanding defense lawyer Bob Juskie, Esq.
Click on the video above to hear Bob talk about how he prepares for 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.
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 ...
