In the newest episode of Trial Alchemy™ I interview father and son, ABOTA members and outstanding plaintiff trial lawyers Dulin Kelly, Esq. and Clint Kelly, Esq. about what works, and what doesn't work in civil jury trials. Watch or listen today to learn from a civil jury trial expert!   
 
Watch the video above to listen to the complete podcast.

Click here to listen to complete podcast on my website.
To listen to this and all episodes on Spotify, click here.
To listen to this and all episodes on Apple Podcasts, click here.
To watch and listen to this and all 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 th...

In my Trial Alchemy™ podcast I've asked several outstanding plaintiff and defense attorneys whether they think juries are acting differently since the COVID-19 pandemic. While the opinions vary, most think there has been a change. 

In my new podcast interview, I asked outstanding defense lawyer and ABOTA member Steve Pasarow, Esq. what he thinks. To hear his thoughts, click on the video above.   

To listen to the entire podcast episode:
Click here to listen on my website.
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

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 cl...

New California Torts Case

Can the date of a childhood sexual assault be amended after the complaint is filed?

The Court of Appeal decided this issue last month. Here is my one-paragraph case summary from my online publication California Case Summaries™: 

S.C. v. Doe 1 (2025) _ Cal.App.5th _ , 2025 WL 2945697: The Court of Appeal reversed the trial court’s order denying plaintiff’s motion for leave to amend her complaint alleging childhood sexual assault, and it’s order granting defendant’s motion for summary judgment. Plaintiff originally alleged that the sexual assault occurred in 1981 when she was in foster care. Once her counsel received her juvenile record, it was clear that plaintiff was first placed in foster care in 1984. The trial court denied plaintiff’s motion for leave to amend her complaint and granted summary judgment for Doe 1, concluding that the complaint could not be amended under Code of Civil Procedure former section 340.1 because of its certificate-of-merit require...

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

Click here to listen to complete podcast.
To listen to this and all episodes on Spotify, click here.
To listen to this and all episodes on Apple Podcasts, click here.
To watch and listen to this and all 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 rates. To discuss a potential case, ...

New California Court of Appeal Case

Do you want to be sanctioned $10,000 and reported to the State Bar? Just file a brief with AI-generated fake case citations.  

Last month, the Court of Appeal issued a stern warning to all California attorneys about submitting fake AI-generated case citations in their briefs: 

Noland v. Land of the Free, L.P. (2025) __ Cal.App.5th __, 2025 WL 2629868: The Court of Appeal affirmed the trial court’s summary judgment for defendants in plaintiff’s action alleging numerous employment-related claims. The trial court properly found there were no triable issues, concluding plaintiff was an independent contractor not entitled to wage and hour protections, that she was not owed commissions, and that she failed to show adverse employment actions or emotional distress damages. Court of Appeal observed that this case was, in most respects, unremarkable and would not generally be published. However, it issued a published opinion and sanctioned plaintiff’s counsel...

The newest episode of Trial Alchemy™ is Part 2 of my interview ABOTA member and outstanding plaintiff trial lawyer Skip Babitt, 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 and all episodes on Spotify, click here.
To listen to this and all episodes on Apple Podcasts, click here.
To watch and listen to this and all 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 rates. To discuss a potential case...

New CA Supreme Court Arbitration Case

Does Ruiz v. Podolsky (2010) 50 Cal.4th 838 apply and require arbitration of
wrongful-death claims premised on custodial neglect in skilled nursing facilities?

California Supreme Court decided this important issue on August 14, 2025:

Holland v. Silverscreen Healthcare, Inc. (2025) __ Cal.5th __, 2025 WL 2349863: The California Supreme Court reversed the Court of Appeal’s decision that had ordered the plaintiff parents’ wrongful-death claim to arbitration under MICRA Code of Civil Procedure section 1295 and Ruiz v. Podolsky (2010) 50 Cal.4th 838 (Ruiz), concluding that the claim sounded in professional negligence (and, alternatively, lacked sufficient specificity). The California Supreme Court disagreed, concluding that Ruiz applies only to medical-malpractice disputes about the rendering of medical services, not to wrongful-death claims premised on custodial neglect in skilled nursing facilities, and it remanded the case to permit plaintiffs to am...

In the newest episode of Trial Alchemy™, I interview ABOTA member and outstanding plaintiff trial lawyer Skip Babbitt, 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 and earlier episodes on Spotify, click here.
To listen to this and earlier episodes on Apple Podcasts, click here.
To watch/listen to this 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 rates. To discuss a potential case,...

New CA Employment/PAGA Case

Can a plaintiff bring a PAGA representative action if they have dismissed their individual claims?

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

CRST Expedited, Inc. v. Super. Ct. (2025) __ Cal.App.5th __, 2025 WL 1874891: The Court of Appeal denied the employer defendant’s petition for writ of mandate seeking to overturn the trial court’s order denying defendant’s motion for judgment on the pleadings in plaintiff’s PAGA action alleging no individual claims, but only claims on behalf of other employees. The issue was whether Labor Code section 2699 authorizes an aggrieved employee to bring a lawsuit that seeks to recover civil penalties imposed for Labor Code violations suffered only by other employees. After plaintiff dismissed his individual claims, because they had been ordered to arbitration, defendant moved for judgment on the pleadings arguing that plaintiff could not bring PAGA claims for violations suffered only by other e...

n the newest episode of Trial Alchemy™, I interview 2025 National ABOTA President and outstanding defense trial lawyer Jennifer Haltom Doan, 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 and earlier episodes on Spotify, click here.
To listen to this and earlier episodes on Apple Podcasts, click here.
To watch/listen to this 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 rates. To dis...