New CCP 998 Case:  Which CCP 998 Offer Counts When You Send More than One? 

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

Meehan v. Aguirre (2026) _ Cal.App.5th _ , 2026 WL 2718514: The Court of Appeal affirmed the trial court’s orders denying prevailing party plaintiff’s request for expert witness costs and prejudgment interest, and taxing other litigation costs (including trial technician fees and Day in the Life video expenses) after plaintiff prevailed in her personal injury action. The trial court denied the costs, concluding that plaintiff’s recovery did not exceed her own section Code of Civil Procedure section 998 offer (998 offer) and she also failed to substantiate that the disputed costs were reasonable and necessary. The Court of Appeal held that under the "last offer rule" a plaintiff's final, unrevoked 998 offer controlled for determining entitlement to e...

New Published California Employment and Tort Cases

Employment Case:  Can an employer be liable under FEHA for an undisclosed bipolar disability? 

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

Husband v. Target Corporation (2026) _ Cal.App.5th _ , 2026 WL 1430244: The Court of Appeal affirmed the trial court’s order granting defendant employer’s motion for summary judgment in plaintiff’s action alleging claims under the Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.) for disability discrimination, failure to provide reasonable accommodation, and failure to engage in the interactive process. The trial court granted summary judgment finding that defendant had no knowledge of plaintiff's bipolar disorder when it terminated him for violating the company's workplace violence policy. The Court of Appeal affirmed, holding as a matter of law that an employer i...

New Published California Employment and Tort Cases

Employment Case: Did plaintiff’s service retirement while under investigation for misconduct constituted a complete severance of the employer-employee relationship?

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

Monroe v. Cal. Public Employees' Retirement System (2026) _ Cal.App.5th _ , 2026 WL 458134: The Court of Appeal affirmed the trial court’s order denying plaintiff’s petition for a writ of mandate seeking to overturn defendant’s denial of his disability retirement application. While under investigation for on-duty misconduct, plaintiff (a parole agent) applied for service retirement, pending a claim for disability retirement. His application was accepted, and he was thereafter found ineligible for a disability retirement because his departure was not related to a disability and occurred while he was under investig...

New California Supreme Court Arbitration Case

Is an Arbitration Agreement Enforceable When There Is Procedural Unconscionability (including tiny, blurry print and rushed presentation) and a Low-to-Moderate Degree of Substantive Unconscionability (including a one-sided carveout tied to later confidentiality agreements)? 

The California Supreme Court addressed this issue last month. Below is my one-paragraph case summary from my online publication California Case Summaries™: 

Fuentes v. Empire Nissan (2026) _ Cal.5th _ , 2026 WL 265574: The California Supreme Court reversed the Court of Appeal’s decision, which had reversed the trial court’s order denying defendant’s motion to compel arbitration in an employment case. The trial court denied defendant’s motion to compel arbitration, finding the employment arbitration agreement was unconscionable based on a very high degree of procedural unconscionability (including the agreement’s tiny, blurry print and rushed presentation) and a low-to-...

I tried an experiment related to selecting the jury (voir dire) before my last three jury trials. The result? Three consecutive 12-0 verdicts.

This isn't something you commonly hear about in trial practice, but I want to share it because I think there's something to it.

I've had a morning meditation practice for many years. Before one of my trials, I decided to add a specific intention to that practice — starting 30 days before trial.

Every morning, I would set this intention: "When our trial begins, we will be sent the perfect panel of potential jurors and we will pick the perfect 12 jurors and 1 or 2 alternates for this case."

Once the jury was picked and I had my yellow pad with all their names and seat numbers, I changed the intention. Early each morning during trial, I would go through each juror individually. Juror number one, John Jones — I'm connected to you, you're connected to me. I set the intention that they would be open and receptive to our evidence and ul...

New California Employment Case


Who is a volunteer and who is an employee? 

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

Spilman v. The Salvation Army (2026) _ Cal.App.5th _ , 2026 WL 35953: The Court of Appeal reversed the trial court’s order granting defendant’s motion for summary judgment in plaintiff’s action alleging wage and hour issues. The trial court granted summary judgment for defendant, holding California’s wage-and-hour laws did not apply because plaintiffs, who performed full-time “work therapy” while enrolled in defendant’s six-month residential substance-abuse rehabilitation program, were volunteers rather than employees due to the absence of any express or implied agreement for compensation. The Court of Appeal disagreed and reversed, holding that while nonprofit volunteers can fall outside the wage laws, the trial court had applied the wrong standard. When the questi...

In the newest episode of Trial Alchemy™ we turn the tables and I am the person being interviewed by our guest host, ABOTA member Anton C. Gerschler, Esq. We talk about what works, and what doesn't work in civil jury trials. Watch above or listen below 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.
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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 r...

In the newest episode of Trial Alchemy™ I interview ABOTA member and outstanding defense trial lawyer Chris Beeman, 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, e...

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...