Author Archives: mary

Summary of Mandatory e-Filing in California Superior Courts

The California counties which, as of December 2015, mandate some type of e-Filing include: Contra Costa. E-Filing is now mandatory on most Complex Litigation cases. Orange. As of January 1, 2013, Orange County Superior Court mandates e-Filing for all documents … Continue reading

Failing to screen complaints for SLAPPable matter: an expensive mistake

In the excitement to “tell their story” in a complaint, pro se litigants and even attorneys often fail to screen for SLAPPable matter in a complaint, which can lead to very expensive mandatory attorneys’ fees and costs if a defendant prevails … Continue reading

Federal Court: Does Twombly/Iqbal apply to affirmative defenses?

A court may strike affirmative defenses under Federal Rule of Civil Procedure 12(f) if they present an “insufficient defense, or any redundant, immaterial, impertinent, or scandalous matter.” The question is: can the Iqbal/Twombly pleading standards be applied to strike affirmative defenses in California … Continue reading

Plaintiff’s Lawyers Using Freelance Attorneys

Many plaintiffs’ lawyers shy away from or simply aren’t accustomed to using freelance attorneys because ultimate recovery is uncertain. Because freelance attorneys, typically compensated by the hour, must be paid regardless of ultimate recovery, contingency fee lawyers may see only risk. … Continue reading

The Statute of Limitations for Medical Malpractice Cases Can Be Tolled

The statute of limitations requires that a professional negligence claim against a healthcare provider (aka medical malpractice) be brought within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury. (Code Civ. … Continue reading

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