When a lawyer asks: "What did you talk about with your attorney during the break in the deposition?"
What is Attorney-Client Privilege?
You must serve this at least 50 days before trial.
What are Expert Disclosures/Designations?
A settlement offer under this statute can shift expert fees to the other side.
What is Code of Civil Procedure 998?
This type of unspoken warranty requires landlords to maintain real property in a condition fit for human occupancy.
What is the Implied Warranty of Habitability?
CCP 437c governs these types of motion.
What are Motions for Summary Judgment and Summary Adjudication?
What is "A Few Good Men"?
When witnesses try to testify about something they lack personal knowledge about.
What is Calls for Speculation? Evidence Code 702, 800 and 801.
Treating physicians are one example of these types of experts.
What is a Non-Retained Expert?
This prevents other defendants from making equitable indemnity claims against your client after settlement.
What is a Good Faith Settlement determination? CCP 664.6.
A landlord must have had this before being liable for failing to repair, otherwise how would the landlord know.
What is Notice?
Civil Code 3294 governs this.
What are Punitive Damages?
What is "My Cousin Vinny?"
When a witness testifies about what someone else said outside of court.
What is hearsay? Evidence Code 1200, et seq.
This type of expert specializes in how people interact with systems, products, and environments.
What is a Human Factors Expert?
This is something a mediator might make if the parties are at an impasse in negotiations.
What is a Mediator's Proposal?
Under Civil Code 1942, if a landlord refuses to repair, a tenant can do this to take matters into their own hands.
What is Repair and Deduct?
CCP 425.16 allows litigants to file this type of motion to challenge strategic litigation.
What is "To Kill A Mockingbird"?
When a lawyer asks: "What did the defendant do to fix the dangerous condition after plaintiff's injuries?"
What is Subsequent Remedial Measures? Evidence Code 1151.
Daubert, Kelly-Frye, and Sargon are the bases for this type of motion against experts.
What is a Motion in Limine to exclude an expert?
The lack of this could turn your confidential settlement agreement into an unenforceable settlement agreement.
What is an exception to confidentiality for enforcement purposes?
This case allowed tenants to raise poor habitability conditions as a defense to unlawful detainer actions.
What is Green v. Superior Court?
CCP 473 can provide you relief from a default judgment, but you must show one of these?
What is Mistake, Inadvertence, Surprise, or Excusable Neglect?
What is "And Justice for All"?
When a peace officer's personnel records are being sought.
This case prevents experts from testifying as to new opinions at trial that were not discussed during deposition.
What is Kennemur v. State of California (1982) 133 Cal.App.3d 907?
This allows a party to violate a settlement agreement made during mediation.
What is the mediation privilege? Evidence Code 1119.
While habitability laws provide for attorneys' fees, landlords can put this in a lease to mitigate the risk of a high attorneys' fee award.
What is a Cap on Attorneys' Fees?
Government Code 900, et seq. require this pre-litigation step be taken by plaintiffs or else some complaints could be barred.
What is a Government Tort Claim.