California
Discovery Permitted in Public Records Act Litigation
In California, the Public Records Act allows citizens to request that the government produce documents relating to the operation of the government. When the government and the citizen have a […]
SLAPP’d in San Bernardino: Public Defender’s Retaliation Lawsuit Deemed a SLAPP
Former public defender’s retaliation lawsuit deemed a SLAPP and dismissed.
New California Law Strengthens Consumers’ Right to Post Online Reviews
Earlier this month, California became the first state to pass legislation that further protects a consumer’s right to post a truthful review online. AB-2365, authored by State Assemblyman John A. […]
SLAPP’d in Los Angeles: What types of Lawsuits are Protected by California’s Anti-SLAPP Law
This post is the second in a series on California’s anti-SLAPP law from the perspective of Los Angeles appellate and trial attorney, Jeffrey Lewis. In the prior post, I described in general what California’s anti-SLAPP […]
SLAPP’d in Los Angeles: A Guide to California’s Anti-SLAPP Law
This post is the first in a series on California’s anti-SLAPP law from the perspective of Los Angeles appellate and trial attorney, Jeffrey Lewis. What is a SLAPP? Consider the […]
Four Things Every Trial Lawyer Should Know About Civil Writs
This post is the sixth in an ongoing series about maximizing a party’s chances of prevailing on appeal. A frequently asked question by trial lawyers is whether and when to seek […]
Justice Rubin Tackles the Amorphous “Abuse of Discretion” Standard
Today, Division Eight of the Second Appellate District of California issued its decision in Gaines v. Fidelity National Title Insurance Company (Dec. 12, 2013 B244961). The case involved the dismissal […]
Why Appellate Procedural Rules Matter
This post is the fourth in an ongoing series about maximizing a party’s chances of prevailing on appeal. The unpublished decision by the Third Appellate District in Martel v. Litchfield (Dec. […]
Contrasting the Torts of Malicious Prosecution and Abuse of Process
The related torts of malicious prosecution and abuse of process both vindicate the important personal rights to be free from unwarranted or abusive litigation tactics. There are some important distinctions […]
Proving the “Prior Action” Requirement of a Malicious Prosecution Case
When a party prevails in a legal proceeding, he or she sometimes will seek further vindication by way of a malicious prosecution action. However, no matter how frivolous the prior […]
No Harm, No Foul: Court of Appeal lets UCLA off the hook for $16 million in lost medical data case
A computer hard drive containing private medical information for 16,000 patients at UCLA was stolen. One of the patients filed a class action lawsuit seeking $1,000 per patient ($16 million […]