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!   
 

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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.
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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, 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...

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...