Description

California law now provides for initial discovery disclosures. Get a template handy for your upcoming cases. And watch out for the new minimum $1,000 sanction for discovery misconduct.

And some recent cases:

• The definitive answer whether orders on motion to enforce settlements are appealable is: Nobody has any friggin’ idea.
• And the answer on how to get review of orders on contempt attorneys' fees is pretty much the same.
• And after scouring cases for months, Tim finally found a reversal based on an evidentiary ruling…and it’s unpublished. And there’s a dissent. (And the dissent may be better reasoned than the majority.) So challenges to rulings on evidence are still losers.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.

Other items discussed in the episode:

• Order granting motion to enforce settlement held not appealable, furthering a split of authority, House v. Skanska U.S. Civil W. Cal. Dist. (D4d2 Jan. 5, 2024 No. E079363) [nonpub. opn.]
• State wins a writ excusing it from disclosing whether its private research firm engaged in animal cruelty, Regents of the Univ. of Cal. v. Superior Court (D3 Dec. 29, 2023 No. C099588) [nonpub. opn.]
• Yes, you can use a motion in limine as a motion for summary judgment, Memula v. Mojave Radiation Oncology Med. Grp. (D4d2 Dec. 14, 2023 No. D082262) [nonpub. opn.].
• See other Items at the KowalLawGroup.com blog here: https://bit.ly/3SjrXnI
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.