Challenging a Choice of Forum Provision
Feb 01, 2010
What Is a Choice of Forum Provision A forum selection clause is written consent in advance to vest jurisdiction over designated disputes between the contracting parties in a particular forum.
For...
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How to Set Aside a Default
Feb 01, 2010
Within 6 Months After Entry of Default: Fault of Attorney If a default was entered because of an attorney's fault, relief from the default MUST be granted if sought within six months from the date th...
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What to Do If a Party Disregards a Discovery Order
Feb 01, 2010
Sanctions Available If a Party Disobeys an Order Compelling Production of Documents If a party disobeys a court order compelling production of documents, the party that propounded the discovery can ...
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What to Do If a Party Fails to Produce Requested Documents
Feb 01, 2010
Documents Are the Cornerstone of Most Cases Anyone who has ever been party to or observed a trial knows that many, if not most, cases are founded upon documents.
While not all cases will have a smo...
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What to Do If a Party Fails to Provide Proper (or Any) Answers to Interrogatories
Feb 01, 2010
Interrogatories Are Critical to the Preparation of a Case Interrogatories are the cornerstone for the preparation of a case as they enable a party to acscertain all of the facts, witnesses, and docum...
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How to Continue a Trial Date In California
Feb 01, 2010
Making a Motion to Continue the Trial Date The only way to continue a trial in California is by motion or ex parte application.
A motion is brought on 16 court days notice, while an ex parte applica...
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The Business Owner's Guide on How to Avoid and Defend Bounty Hunter Lawsuits
Nov 23, 2009
Proposition 65: Lawyers Can Be More Toxic Than Chemicals Proposition 65, also known as the Safe Water & Toxic Enforcement Act (“Prop 65") requires a business that exposes an individual in California ...
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How to Avoid and Defend Construction Defect Lawsuits
Nov 23, 2009
How to Avoid Getting Sued In the First Place CA law gives builders the opportunity to avoid being sued by repairing alleged defects claimed by the home buyer. If the defects do exist, the builder mu...
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The Hotelier's Guide to Avoiding and Defending Lawsuits.
Nov 23, 2009
A Hotel's Duty of Care Under California Law As a general rule, a hotel has a duty of “maintaining the hotel premises in a reasonably safe condition, and of exercising reasonable care to protect them ...
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How to Avoid and Defend Lawsuits For Violation of the Americans With Disability Act
Nov 23, 2009
Avoiding the ADA Lawsuit The best way to avoid an ADA lawsuit is to correct conditions at the property that violate the ADA. This might include, for example, on the exterior of the hotel, handicapped...
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