Arbitration clauses are everywhere. Chances are that you are subject to a few without even knowing it. But what is arbitration, and how is it different from going to court? Arbitration is a form of alternative dispute resolution. Arbitration is often confused with mediation, which is a form of structured settlement negotiations. Instead, arbitration is...Read More
California Civil Discovery Overview In any lawsuit, there will likely be questions and documents that you do not have. Discovery is the process in a court case for obtaining information from the other side. Discovery can end up being a significant portion of any case. It is highly dependent on how complex the case is...Read More
As a result of the COVID-19 pandemic, in approximately March 2020, the Superior Courts across California began suspending trials that were proceeding or set to go. A year later, in March 2021, there are still significant impacts on cases getting to trial. However, Sacramento County Superior Court, like many other counties, have attempted as best...Read More
Failing to assert something doesn’t always waive your right to do so later, but there are limitations. In the arbitration context, if you don’t compel arbitration up front, you risk losing your right to it entirety. In the recent case of Spracher v. Paul M. Zagaris, Inc. (1st Appellate Dist. Case No. A152941, September 17,...Read More
Lawyers often look at court decisions wondering if the judges are thinking through the practical applications of their rulings. While we know judges consider real-world application, the outcome of some cases makes it unclear how much stock is put into it. However, in a recent decision, the California Court of Appeal was explicit that it was...Read More
In Orozco v. WPV San Jose, LLC (6th Dist. Cal. App. H044014, June 19, 2019), plaintiff Paul Orozco opened Pauly’s Famous Franks N Fries in a San Jose shopping center named “The Plant,” which sold hot dogs and french fries. Before signing a 10-year commercial lease, he asked the leasing manager whether restaurants with competing...Read More
