Importance of Timely Filing a Notice of Appeal

Importance of Timely Filing a Notice of Appeal

Ordinarily, the first step in the appellate process is to file a notice of appeal in the superior court. It is imperative that a notice of appeal is timely filed. This is because timely filing of the notice of appeal vests jurisdiction in the appellate court and,...
Coaching a Witness During Deposition is Prohibited!

Coaching a Witness During Deposition is Prohibited!

We have been taking a lot of depositions lately and, in so doing, we have noticed a lot of improper coaching of witnesses during deposition by opposing counsel. This caused us to revisit the Los Angeles County Superior Court’s Rules Guidelines for Civility in...
Amending a Pleading – Kittredge Sports

Amending a Pleading – Kittredge Sports

What do Mammoth Lakes, California, skiing and ski rentals have to do with amending complaints?  The answer arises out of a case Kittredge Sports Company v. Superior Court (1989) 213 Cal. App. 3d 1045, a case that provides guidance on amending the complaint.  We...
Is Foreclosure Debt Collection?

Is Foreclosure Debt Collection?

Recently the Ninth Circuit Court of Appeal shed some light on homeowners/mortgagors who, pursuant to the federal Fair Debt Collection Practices Act (“FDCPA”), sue foreclosing lenders for unlawful debt collection.   Although the Ninth Circuit has definitively decided...
What is a Writ of Attachment?

What is a Writ of Attachment?

A writ is a formal written order issued by a court directing a party to perform or refrain from performing a specific act. Among the various types of writs, the writ of attachment stands out as a particularly powerful legal remedy, allowing a plaintiff to seize a...
What is a Lis Pendens in Real Estate – Definition

What is a Lis Pendens in Real Estate – Definition

Understanding Lis Pendens: The Basics Lis pendens is Latin for “suit pending”. It is also often referred to as a Notice of Pendency of Action. It is a notice recorded with the County Recorder’s Office in the county where the property is located that puts the world on...