Shows
Civil Action with Brian & ShantEpisode 76: What Your Expert Witnesses Want You to KnowJoin Anastasia Mazzella and Shant Karnikian as they discuss how attorneys can best utilize expert witnesses in their cases. They are joined by a highly respected expert witness in the field of neuropsychology, Dr. Dominique Kinney.
In this episode, Dr. Kinney gives attorneys 6 tips on how to make the attorney-expert relationship more productive, including the importance of choosing the right expert early in the litigation and providing them with ample time to review records, why attorneys need to listen more and talk less when they meet with experts, the best way to prepare experts for depositions, and...
2023-10-1646 minCivil Action with Brian & ShantEpisode 75: Tort Reform, Ron DeSantis, Remote Appearance, and AIBrian and Shant discuss three hot topics in the law starting with the concern that the ability to appear in court virtually in many circumstances could be on the chopping block. COVID made remote appearances a normal occurrence and have made work done by lawyers and the courts much more efficient. But the statute that allows for remote appearances was set to end July 1 and that would be disastrous for an already strained court system.
Can Chat GPT write briefs for you? Technically yes, Chat GPT will write anything you ask it to, but there's more to b...
2023-08-1532 minCivil Action with Brian & ShantEpisode 74: Starting Your Own Firm with Alexandra Steele Cooper.In this episode Shant and Marina Pacheco connect with Alexandra Steele Cooper about what it’s like to go out on your own and start a new firm. Alexandra spent several years at a large firm as a trial lawyer before starting her own firm, Steele Cooper Law where she focuses on personal injury and employment law. She has recovered tens of millions of dollars for her clients.
Hear how she prepared to open her own firm, the upsides of being your own boss, as well as, the drawbacks and how she uses a network of talented law...
2023-08-0839 minCivil Action with Brian & ShantEpisode 73: Dr. Sohee Jun on Women and Imposter Syndrome in the LawThis episode, Anastasia Mazzella, partner at Kabateck LLP, sits down with Leadership Coach (and friend) Dr. Sohee Jun to talk about imposter syndrome. Imposter Syndrome is a pervasive feeling in many professions but is noticeably acute in the law and particularly affects women and people of color.
Women make up a small percentage of leadership roles in law firms and are paid less than men and against this backdrop Sohee and Anastasia talk about what Imposter Syndrome is and how to combat it as you progress in your career. Sohee breaks down some key ways to identify th...
2023-06-2437 minCivil Action with Brian & ShantEpisode 72: Court Reporter Crisis and Disney v. DeSantisBrian and Shant discuss the crisis created by the lack certified court reporters in California. The shortage means that many cases don’t get a court reporter or that lawyers and clients are spending thousands of dollars to hire a private court reporter.
Why has this happened? Two reasons: First, the passage rate for the court reporter certification exam is painfully low, around 20%. Second, the union which represents the court reporters continues to block any effort to use electronic recording or transcriptions as an alternative. They claim the technology isn’t good enough, which is false...
2023-05-2327 minCivil Action with Brian & ShantEpisode 71: Working with Victims of Sexual AbuseBrian and Shant speak with attorney Gary Partamian, who focuses on cases of childhood sex abuse. They discuss the changes to CCP 340.1 and how to possibly file a case on behalf of a client who is over 40 years old and suffered sexual abuse as a child. Learn about the importance of working with prospective clients in these cases to confirm that they qualify under the strict requirements of CCP 340.1 to bring a case despite their age--including issues that could be fatal to their potential case.
You'll also hear, more generally, how to work with a client in ca...
2023-04-0725 minCivil Action with Brian & ShantEpisode 70: Annie Martin-McDonough Talks the Tort of SeductionToday our intake attorney Annie Martin-McDonough brought a fascinating topic to our attention with the “tort of seduction.” In the 1700’s this was a tort that allowed for the father of a daughter to sue a man, who had seduced and impregnated the woman, for loss of services.
Later in the Victorian era the tort evolved to allow a woman to sue for emotional damages due to a loss of virtue if a man tricked her into a sexual relationship.
Annie, Shant and Brian discuss how the tort differed from sexual assault and the history of the to...
2023-03-1024 minCivil Action with Brian & ShantEpisode 69: Gender Bias: A Conversation with Anastasia Mazzella and Marina PachecoJoin the conversation this episode with Anastasia Mazzella and Marina Pacheco, partners at Kabateck LLP, about their experiences and thoughts on gender bias in the legal field. They'll identify specific situations they've encountered and share observations on how improvements can be made to minimize the issues going forward.
While 47% of lawyers at the associate level were women, that number drops to 22% at the partner level. Anastasia and Marina discuss with Shant Karnikian, opportunities to keep more women practicing law including more equitable pay, more supportive environments that focus on a better work-life balance, and addressing biases people...
2023-02-1647 minCivil Action with Brian & ShantEpisode 68: Figuring Out Insurance Policy Limits In Your PI Case with Stephanie Charlin.Brian and Shant speak with partner Stephanie Charlin on figuring out the policy limits of a party responsible for an injury.
Currently, the law dictates that insurance companies are not required to release policy information until a case is filed and the information is requested during discovery. This is often a waste of time for plaintiff lawyers, the courts, and the victims, particularly if the policy has minimal coverage.
They also discuss how to make sure you check to see if a defendant has additional policy coverage, aside from their primary insurance.
If you...
2023-01-2629 minCivil Action with Brian & ShantEpisode 67: Can you pop the Lid On a UM/UIM Policy?Can you pop the lid on a UM/UIM policy? Join hosts Brian Kabateck and Shant Karnikian as they invite attorney Barrett Alexander of Kabateck LLP to talk about the difference between a third-party bad faith claim and a UM/UIM bad faith claim. What legal remedy and rights does the injured party have in each context? Hear specific case examples about how this is done and what the future may hold when it comes to bad faith negotiations with the insuring entities.
2023-01-0530 minCivil Action with Brian & ShantEpisode 66: Sexual Abuse Case Filing Process for Statute 340.1Brian, and Shant sit down with attorney Marina Pacheco of Kabateck LLP to discuss the complicated world of filing childhood sexual assault cases. Of particular importance is a deadline regarding the statute law CCP 340.1 (sec Q), which starting in January 2020 gave a three year window for people to file a childhood sexual assault case if they were ineligible to do so under previous laws and statutes. That provision is set to expire at the end of 2022. This primarily affects people over the age of 40 who were aware that their psychological injury was caused by the sexual assault for more...
2022-12-1529 minCivil Action with Brian & ShantEpisode 65: Why Corporate America Wants a Conservative Supreme Court.Today Brian and Shant discuss why businesses and corporate America tend to support conservative Supreme Court justices... spoiler alert: they don't care about social issues. While big businesses often take more progressive stances on hot-button social issues like abortion and gay rights, businesses nevertheless fund conservative agendas so they can ensure a legislature and judiciary who are going to take more “pro-business” stances on cases, whether they involve consumer protection, workers rights, or the enforcement of arbitration.
Brian and Shant discuss some of the historical arc of pro-business decisions including the recent West Virginia v. Environmental Protection Agenc...
2022-09-1318 minCivil Action with Brian & ShantEpisode 64: PAGA - What just happened here?With the California Private Attorneys General Act in the news again after the Supreme Court decision on Viking River Cruises, Inc. v. Moriana, Brian and Shant dive into what the decision means for the future of PAGA and how it may be enforced now that the Federal Arbitration Act can preempt the California law in certain situations.
They also discuss what might happen if enough signatures are collected to put PAGA on the chopping block in the 2024 election, including legislative compromises that would keep PAGA intact but attempt to reduce abuses, particularly those aimed at small businesses. ...
2022-07-1424 minCivil Action with Brian & Shant63: Harry Plotkin Shares His Thoughts On the Significance of Proper Jury Selection to Win Cases.Today Brian and Shant are joined by jury consultant Harry Plotkin. Harry has been a consultant for over 20 years and works with civil prosecutors in consumer cases. He has selected juries in 42 cases that resulted in eight-figure awards since 2013 and has consulted in over 1,000 cases nationwide in his career.
Brian, Shant and Harry talk about what to look for in prospective jurors, whether conservatives or liberals make for better jurors in civil cases and how important it is to get prospective jurors answering open ended questions to get a sense of how they feel about the law.
2022-07-1327 minCivil Action with Brian & Shant62: The Future of Law School: A Conversation With Michael Waterstone, Dean of Loyola Law School, Los Angeles.Brian Kabateck and Shant Karnikian discuss the current situation for law students with their guest, Michael Waterstone, Dean of Loyola Law School, Los Angeles. Graduates of Loyola Law School themselves, Brian and Shant speak with the Dean on where law school and law practice is headed, the effects of the pandemic on teaching and students, and the outlook for jobs in the legal field for Loyola Law School graduates. (hint: it's very good!)
For more information on Loyola Law School Los Angeles visit www.LLS.edu. To reach Dean Waterstone via email: Michael.waterstone@lls.edu.
2021-11-165h 40Civil Action with Brian & Shant61: What a PI Lawyer Needs To Know About Family Law. A conversation with Ron Brot.What would happen if in the middle of a huge personal injury case, where there might be a huge recovery, the Plaintiff and their spouse decide to get divorced? What if a couple’s home burns down and in the middle of the lawsuit against the tortfeasor, they decide to call it quits as a couple?
These are the fascinating intersections of family law and personal injury cases that we sometimes encounter. Brian and guest host Stephanie Charlin talk with Ronald Brot. Ron has been a respected family law attorney for over 30 years and is the immediate pas...
2021-11-0927 minCivil Action with Brian & Shant60: Is PAGA in Trouble?While the Court of Appeal issues opinions that continue to jeopardize PAGA, corporate lobbyists have drafted a proposed ballot initiative that would kill PAGA entirely.
Brian and Shant address a recent court ruling as well as proposed legislation that may significantly weaken or even eliminate the use of the Private Attorneys General Act (PAGA) in California. In September, the Second District Court of Appeal, in the case of Wesson v. Staples the Office Superstore, LLC (2021) 68 Cal.App.5th 746, held that trial courts had the right to determine whether a PAGA case is manageable and that a defendant’s righ...
2021-11-0217 minCivil Action with Brian & Shant59: Popping the Policy – Developments in Insurance Bad Faith LawBrian and Shant revisit the standards for bad faith and opening up the lid on a policy. They discuss two recent cases from the California Court of Appeal:
Pinto v. Farmers Insurance Exchange (2021) 61 Cal.App.5th 676 and
Hedayati v. Interinsurance Exchange of the Automobile Club (2021) 67 Cal.App.5th 833.
For more information visit www.kbklawyers.com
2021-10-2625 minCivil Action with Brian & Shant58. Civil Procedure Cases Pt. 4Brian and Shant discuss Defense Preclusion, Tolling of Legal Malpractice SOL, Cost of Proof on a Prevailing RFA, and Juror Contact.
Lucky Brands v Marcel Fashion (2nd Ct. of Appeals)
A Defense Not Previously Raised is Precluded from Future Assertion
Nguyen v Ford (6th DCA)
In a Legal Malpractice Case, Tolling Only Applies to a Specific Subject Matter in the Particular Matter at Issue
Universal Home Improvement Inc. v. Robertson (1st DCA)
Recovery of Attorney Fees When Failing to Admit an RFA
2020-08-1123 minCivil Action with Brian & Shant57. Insurance Cases Pt. 2Brian and Shant discuss Insurance Cases the Duties of the Insureds, the Genuine Dispute Doctrine, Forum Selection Clause in an Insurance Contract, and Vertical versus Horizontal Exhaustion in Insurance Policies.
Mosley v. Pac Specialty
Farming Operation Exclusion Precluding Recovery for Fire Destroying the Property
501 E 51st Street v Kookmin Best Ins.
Captive Experts and the Genuine Dispute Doctrine
Lewis v. Liberty Mutual (9th Circuit)
A Change in Policy, Insurance Code 678.1(d), and Forum Non-Conveniens
Montrose Chemical v. S.C...
2020-08-0425 minCivil Action with Brian & Shant56. Vandalism & Civil UnrestBrian and Shant discuss vandalism and civil unrest with Michael Childress, Of Counsel at Kabateck LLP.
Large and small business from around the country took a hit in the wake of protests related to the death of George Floyd and the Black Lives Matter movement. Brian, Shant, and Michael discuss how these events have impacted property insurance policyholders, the damage that ensued, and how to better understand the claims process.
2020-07-2825 minCivil Action with Brian & Shant55. Personal Injury Cases Pt. 2Brian and Shant discuss Personal Injury Cases that involve the Standard on Summary Judgment and a Continuance when Discovery is Outstanding; Joint and Several Liability Principles; a Primer on 998 Offers; and the Recovery of Emotional Distress Damages in a Breach of Contract Dispute.
Insalaco v Hope Lutheran Church (1st DCA)
MSJ Standards and a Continuance when Discovery is Outstanding
Shuler v Capital Agricultural (2nd DCA)
A Reduction in Damages Subject to Joint and Several Liability
Anthony v Li (1st DCA)
A Foreig...
2020-07-2126 minCivil Action with Brian & Shant54. Attorney Fees CasesBrian and Shant discuss Attorney Fees in Lemon Law Litigation; a Civil Rights Matter; an Elder Abuse Case; and in Class Actions.
Mikhaeilpoor v BMW of North America (2nd DCA)
Under Song-Beverly Attorney Fees are Mandatory for Prevailing Plaintiff Attorney
Vargas v Howell (9th Circuit)
A Civil Rights Matter Involving a Minor and An Unfavorable Ruling for Attorney Fees
Arace v Medico Investments (4th DCA)
An Elder Abuse Statute Requiring Mandatory Attorney Fees
In Re Optical Disk Drive P...
2020-07-1423 minCivil Action with Brian & Shant53. Arbitration CasesBrian and Shant discuss Unconscionability and the Unenforceability of Arbitration Agreements; the Inability to Arbitrate PAGA Claims; and Reviewing Arbitration Awards—Vacatur of Award
Dougherty v. Roseville Heritage (5th DCA)
Substantive Unconscionability and a Provision Limiting Elder Abuse Remedies in An Elder Abuse Case
Dennison v. Rosland Capital (2nd DCA)
How Lack of Mutuality is Unconscionable
Brooks v. AmeriHome Mortgage (6th DCA)
The Inability to Arbitrate PAGA Claims
VVA-Two LLC v. Impact Development Group (2nd DCA)
Reviewin...
2020-07-0823 minCivil Action with Brian & Shant52. Insurance Fear Mongering w/ Michael ChildressBrian, Shant, and their colleague Michael Childress discuss how insurance companies instill fear in the public in order to suppress a collective voice. Misinformation, intimidation, and claim denials have become the fundamental recipe for the multi-billion dollar industry. The team discusses these problems and discuss how the shift from service sector to profit center occurred.
2020-06-2928 minCivil Action with Brian & Shant51. Consumer Protection Cases Pt. 2In Re Facebook Inc Internet Tracking (9th Circuit)
Facebook and Whether Their Tracking of Users Violates Various CA Privacy Statutes
Reynolds v Ford Motor Co (1st DCA)
Lemon Law Claims and the Proper Measure of Fees
Waller v FCA US LLC (2nd DCA)
Admissibility of An Expert’s Opinion
Luna v. Hansen (9th Circuit)
The Fair Credit Reporting Act and the Disclosure Requirements
2020-06-2426 minCivil Action with Brian & Shant50. Civil Procedure Cases Pt. 3Nationwide Biweekly v. Superior Court (CA Sup. Ct.)
The UCL and False Advertising—whether parties are entitled to a jury trial in a UCL case.
Calucci v. T-Mobile (4th DCA)
Punitive Damages—a good primer on punitive damages.
LN Management LLC v. JP Morgan (9th Circuit)
Whether Dead People Can Be Sued—spoiler alert. . .they can’t.
2020-06-2230 minCivil Action with Brian & Shant49. Insurance CasesWalker v Life Insurance Co. of the Southwest (USDC Central)
A UCL Violation—pre-application illustrations in a life insurance policy.
Textron, Inc. v. Travelers Casualty and Surety Co. (6th DCA)
Choice of Law Rulings in Insurance Cases—whether it applies as Collateral Estoppel in a subsequent coverage action.
KLA Tencor Corp. v Travelers (2nd DCA)
The Duty to Defend a Malicious Prosecution Case—but does it arise out of an abuse of process claim?
Pacific Pioneer Insurance Co. v Superior Court (4th DCA)
An Insurers’ Appeal of a...
2020-06-1725 minCivil Action with Brian & Shant48. Personal Injury CasesThimon v City of Newark (1st DCA)
Road Design and the Standard for Summary Judgement
Alaniz v Sun Pac Shippers (2nd DCA)
The Privitte and Hooker Doctrine
Reeve v Meleyco (3rd DCA)
Enforceability of Referral Fees
Lopez v Ledesma (2nd DCA)
Medical Malpractice and the Standard for Applicability to Physician Assistants
2020-06-1530 minCivil Action with Brian & Shant47. Civil Procedure Cases Pt. 2Hance v Super Store Industries (5th DCA)
Enforceability of a Fee Share Agreement
Fenimore v The Regents of the University of CA (2nd DCA)
Computation of the Statute of Limitations
Brewer v. Remington (5th DCA)
The Delayed Discovery Rule
San Francisco Print Media Company v. The Hearst Corporation (5th DCA)
Admissibility of Expert Testimony
2020-06-1026 minCivil Action with Brian & Shant46. Civil Procedure Cases Pt. 1Zehia v Sup Court of San Diego County (4th DCA)
Personal Jurisdiction in the Electronic Defamation Action
Torres v Design Group Facility Solutions (2nd DCA)
Renewed Motion for Summary Judgment Disguised as a Motion for Reconsideration
Grande v Eisenhower Medical Center and Flexcare (4th DCA)
Scope of Release Under the Dual Employer Theory
Dumas v LA County Board of Supervisors (2nd DCA)
Meet and Confer Requirement for Demurrers
2020-06-0826 minCivil Action with Brian & Shant45. Consumer Protection Cases Pt. 1Cases this week:
Schaeffer v Califia Farms LLC (2nd DCA)
What Constitutes A False Statement in a False Advertising Case
Rincon EV Realty LLC v CP III Rincon Towers (1st DCA)
Overlap Between Legal Claims and Equitable Claims
Walker v Fred Meyer Inc. (9th Circuit)
Disclosure Requirements under the Fair Credit Reporting Act
Campbell v Facebook (9th Circuit)
Overruling Objection to Settlement with Facebook.
2020-06-0326 minCivil Action with Brian & Shant44. Guest Interview w/ Attorney & Arbitrator Lee StrausBrian and Shant have an in-depth discussion with attorney and arbitrator Lee Straus about a case reviewed on a prior Civil Action podcast. Mr. Straus breaks down the subtleties of the case and further explains the purpose and reasoning behind his ruling. They also discuss Straus’ involvement and development in the State Bar’s Mandatory Fee Arbitration program where he is heavily involved.
Please note: Mr. Straus would like to clarify that all fee disputes between an attorney and client(s) require the attorney to send the State Bar approved Notice of Client’s Right to Fee Arbitratio...
2020-06-0133 minCivil Action with Brian & Shant43. Guest Interview w/ Attorney Ellen PanskyBrian sits down with ethics attorney Ellen Pansky, remotely, to discuss COVID-19 and its impact on virtual court and other legal proceedings and her work as an advocate for matters involving the state bar’s regulations on professional conduct.
2020-05-2934 minCivil Action with Brian & Shant42. Guest Interview w/ Restaurateur Philip CaminoBrian and Michael Childress sit down with Philip Camino of Camino Industries. Philip owns and operates Fellow (www.fellow.la) among other hospitality venues in Los Angeles and nationally, including The Hudson, Earthbar, and Stout. Philip shares his perspective on the hospitality industry pre and post-COVID, and looks to the future with a positive lens. A person of immediate action, Philip wasted no time in making crucial business decisions to help preserve his restaurants and seek the assistance of an experienced team to help him address his business interruption concerns.
2020-05-0831 minCivil Action with Brian & Shant41. COVID-19 and Its Impact on the July 2020 CA Bar ExamBrian and guest host, Serena Vartazarian speak with Loyola law student and Kabateck LLP law clerk, Gary Partamian about COVID-19, its effect on his final semester as a law student. Gary gives his impressions on the impact the pandemic has on the California Bar Exam, and what he’s doing to prepare for either postponement or an altogether cancellation until COVID-19 concerns have been further alleviated.
2020-05-0734 minCivil Action with Brian & Shant40. Browsewrap Arbitration Agreements; Finding a 3rd Party Beneficiary; the Inability to Use an Arbitration Award in a Previous Matter; Condo Associations, Arbitration Provisions & Unconscionability.Wilson v. Huuuge Inc.
Brian and Shant discuss a class action based on a browsewrap arbitration agreement’s requirements. Seemingly hidden, the consumer would have had to vigorously search through the website to find the agreement’s terms. Accessibility to the terms dictate the determination of the outcome here.
Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc.
Brian and Shant discuss an additional named insurer added at the request of a named insurer to determine whether it can seek indemnification from the added party. The added insurer argues that because the named or...
2020-05-0424 minCivil Action with Brian & Shant39. Consumer Cases – False Advertising; Debt Fairness Act; Lemon Laws; The Privacy ActBecerra v. Dr. Pepper
Brian and Shant discuss the use of the word “diet” and whether it misled consumers to believe that diet soda would likely promote weight loss. Multiple dictionaries were used to understand what the word “diet’ is meant to convey, but the determination is based on the reasonable consumer test.
Stimpson v. Midland Credit Management
Brian and Shant discuss defaulted payment to a creditor. The debt went into collections and the resulting action analyzed the statute of limitations of a debt in credit report. A time-barred debt although not actionab...
2020-04-3025 minCivil Action with Brian & Shant38. Past Recollection Recorded; a Unique Exception to the Hearsay Rule; Sister State Money Judgment Act & Res Judicata; Attorney Fees & When an Allocation is AppealablePeople v. Royal
Brian and Shant discuss the past recollection recorded exception to the hearsay rule and the elements that trigger the exception. They court examined the time element and determined that too much time had expired from the event itself to the time the recollection was recorded.
McDermott Ranch v. Connolly Ranch
Brian and Shant discuss a case arising out of a property dispute stemming from a real estate transaction from 1958. They unwrap a carved-out hearsay exception based on the statements being made in connection with the boundary of land of...
2020-04-2824 minCivil Action with Brian & Shant37. Discussion with Harry Chamberlain IIBrian and Shant sit down with appellate attorney Harry Chamberlain to discuss the origins of the of the Anti-SLAPP statute, protecting the free speech of lawyers, and tips for preserving a good record for appeal. Harry is certified as an Appellate Specialist by the California State Bar Board of Legal Specialization, handling hundreds of appeals across the country, including numerous cases before California Supreme Court such as Rubin v. Green (absolute litigation privilege), Jarrow Formulas v. LaMarche (First Amendment protections under the anti-SLAPP statute), Temple Hospital and Cedars Sinai Medical Center v. Superior Court (the “spoliation” cases) and Lee v.Hanley (de...
2020-04-1728 minCivil Action with Brian & Shant37. Civil Procedure – Personal Jurisdiction and Choice of Law; Childhood Sexual Abuse Statute of Limitations; Appealing a Statement of Decision; Relief Under 473b and its LimitationsHalyard Health v. Kimberly Clark 2nd DCA
Brian and Shant discuss a declaratory relief action in a matter that arises out of Michael Avenatti’s Kimberly Clark Case. The issue is whether Delaware or California law dictates which defendant is responsible for a punitive damages award granted to the plaintiffs.
Safechuck v. MJJ Productions 2nd DCA
Brian and Shant discuss childhood sexual assault lability of a 3rd party non-perpetrator and whether a revival statute applies to two adults over the age of majority. AB 218 recently amended the statute of limitations under CCP 340.1...
2020-04-1626 minCivil Action with Brian & Shant36. Defense Perspective from Dana Fox and Eddie Ward of Lewis BrisboisBrian and Shant speak with renowned defense attorneys Dana Fox and Eddie Ward. They discuss the defense perspective on trials, civility, and moving cases along current COVID-19 crisis. Dana Fox and Eddie Ward are partners at Lewis Brisbois. Dana Fox has a reputation as the “go-to” attorney in high profile, high exposure catastrophic accident, police use of force, premises and product liability, public entity, and general liability cases. Edward Ward has tried multiple high exposure cases to verdict, including cases involving wrongful death, catastrophic injury, premises liability and employment matters.
2020-04-1433 minCivil Action with Brian & Shant35. COVID-19 Business Interruption ClaimsBrian and Shant discuss business interruption insurance with Michael Childress, Of Counsel at Kabateck LLP.
With all the closures, businesses large and small are taking the inordinate hit for the rest of society to reduce the impact of the COVID-19 virus. We primarily look at property insurance policies. This is where we find coverage for damage to dwellings, buildings, and business income losses. Also termed lost profits or business interruption coverage. Business interruption is an additional coverage available in almost every commercial property insurance policy. As a result, there is little doubt whether business interruption coverag...
2020-04-0825 minCivil Action with Brian & Shant34. Tort Cases – Substantial Factor Test; Primary Assumption of Risk Doctrine; Going and Coming Rule and An Exception; Immunity for Police Officers Engaged in a High-Speed PursuitUnion Pacific Railroad v. Ameron Pole Property
Brian and Shant discuss an inquiry into the causation element of an accident involving a light pole. The plaintiff’s case first thrown out on summary judgment was later reversed because the remaining parties’ indemnity suit and the plaintiff’s complaint were inextricably connected.
Gordon v. ARC Manufacturing, Inc. 4th DCA
Brian and Shant discuss whether or not the court should have instructed the jury on primary assumption of risk on an inherently dangerous activity. The court did not and the issue on appeal was that v...
2020-04-0629 minCivil Action with Brian & Shant33. Meal & Rest Breaks; Replacement Class Representative; Classification Exemptions; Objection to Class SettlementsCacho v. Eurostar
Defendant had facially non-compliant meal & rest break policies. The court concluded that the class cannot be certified because Plaintiff did not sufficiently illustrate a uniform policy of missed meal breaks. Individual questions predominated as to whether the plaintiff missed rest and meal breaks.
In Re Williams Sonoma
A Kentucky resident brought a consumer class action against Williams Sonoma. However, Kentucky does not provide a legal platform for consumer class actions. Trial court allowed Plaintiff’s Counsel to conduct discovery to identify a California resident to serve as class represen...
2020-03-2628 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Niall McCarthy at the 2019 CAOC Convention in San FranciscoFrom his first trial representing a family in a bad faith case resulting in a successful verdict to his recent whistleblower cases returning money to the federal government, Niall is passionate about his advocacy for the under-represented. Niall has spent his entire 28-year career with his current firm where is the managing partner. He suggests young lawyers to have the courage to expand their comfort zone and encourages lawyers to give opportunities to young lawyers. More information about Naill McCarthy is available here: https://www.cpmlegal.com/
2020-03-0316 min
Civil Action with Brian & ShantBONUS CONTENT: Interview with Minh Nguyen at the 2019 CAOC Convention in San FranciscoThe son of immigrant parents and the eldest of eight children, Minh is no stranger to hardship. Minh worked three jobs through college to fund his family’s mortgage and made his way to Hastings College of Law in San Francisco. Minh’s passion for advocacy comes through in his personal injury trial practice and his pro bono work from his past presidency of the Los Angeles Trial Lawyers’ Charities, low-income, affordable housing work at Linc Housing, community work at the YMCA of Greater Long Beach, and his upcoming presidency of CAALA in 2023. More information about Minh Nguyen and his pr...
2020-02-2518 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Greg Bentley at the 2019 CAOC Convention in San FranciscoFrom an early age, the son of an elementary school principle and school secretary, Greg understood his path to protect those who were unable to protect themselves. Greg’s practice in Newport Beach was one of the first practices to successfully take an e-cigarette matter to trial. Greg discusses one of his most memorable cases as a plaintiffs’ attorney where he successfully advocated for an elderly woman who had tragically lost the use of her limbs and extremities due to an accident involving a city-operated vehicle. Greg also pays great respect to William Shernoff, the great practitioner of insurance bad-fa...
2020-02-2015 minCivil Action with Brian & Shant32. The Perils of Litigation FundingBrian and Shant discuss various types of litigation funding available to lawyers and law firms, and the potential pitfalls of the borrowing money to fund cases. Though not a novel practice in the legal profession, reliance on loans can become problematic for the practitioner and for the plaintiffs’ bar as a whole.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.
2020-02-1325 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Craig Peters at the 2019 CAOC Convention in San Francisco Craig discusses how he approached his first trial just short of 30 days of becoming a practicing lawyer and how it helped develop his skill despite how difficult the challenge. Craig uses his 13-year career as a Contra Costa County Public Defender as a foundation to approach his cases from a different perspective. Craig’s unique perspective allows him to view even the most challenging matters with confidence and positivity. More information about Craig and his practice can be found here: https://altairlaw.us/
2020-02-1118 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Ray Boucher at the 2019 CAOC Convention in San FranciscoThe former president of the CAOC discusses his first case, fresh out of law school, representing Cesar Chavez and the United Farm Workers Union for farm workers charged with strike violence. Ray comments on his experience working with Chavez and how impactful the qualities Chavez possessed were to the United Farm Workers movement. More information on Ray Boucher and his consumer law firm, Boucher LLP, can be found here: http://www.boucher.la/
2020-02-0712 minCivil Action with Brian & Shant31. Trail Immunity; Standard for Gross Negligence; The Discovery Rule and Fair Debt Collections Act; Single Employer DoctrineBrian and Shant discuss the following cases:
Loeb v. County of San Diego: Plaintiff was in a county park campground and was injured on an uneven pathway. The county argued Trail Immunity and the court focused on whether the pathway had a dual purpose.
Kim v. Laguna Seca Raceway: Plaintiff signed a release to ride his motorcycle at the raceway and was subsequently injured. In a possible attempt to overcome the release, Plaintiff filed a motion for summary judgment for gross negligence. The court looked to whether professional racing standards can be us...
2020-02-0625 minCivil Action with Brian & Shant30. Difficult Clients; Fee Arbitration Between Lawyers & Clients; DocuSign; Reducing Punitive DamagesBrian and Shant discuss the following cases:
Hood v. Gonzalez: A nightmare client who had gone through five lawyers. The client signed the settlement agreement but refused to sign the check then the court appointed an elisor to endorse the check in lieu of the client’s endorsement.
Soni v. SimpleLayers, Inc.: An untimely request to arbitrate in a fee dispute leads to a $2.50 award. The critical issue is whether the clock starts to run to make a demand from the moment the award is received or when the demand is dropped...
2020-02-0426 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Steve Vartarzarian at the 2019 CAOC Convention in San FranciscoSteve discusses his journey and determination to make it through law school and find success in his practice. Steve goes into great detail about one of the most influential cases of his career and how it helped shape his future practice. More information about Steve Vartarzarian and his team’s work can be found here: http://thevlf.com/
2020-01-2419 minCivil Action with Brian & Shant29. Attorney Fees in a Class Action; Waiver of a Jury Trial in an Agreement; Service on Government Entities; Interest Rates, Usury Laws, Referendums & How they InteractBrian and Shant discuss the following cases:
Johnson v. MGM: Plaintiff argues that the District Court did not do an appropriate calculation to determine attorney fees and in response, the District Court lays out multiple factors to determine the appropriate percentage.
Handoush v. Lease Finance Group: For Choice of Law to be enforceable, CA looks to whether the application of another state’s law would violate primary substantive rights. Moreover, in CA parties cannot waive the right to a jury trial prior to the dispute, but in a state where the law is...
2020-01-2325 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Bill Shapiro at the 2019 CAOC Convention in San FranciscoAn esteemed trial attorney in the state, Bill’s practice focuses on personal injury and product liability. Bill recollects one of his more memorable first trials where he was defensed but ultimately won on appeal and settled the matter favorably. Bill associates a lot of his success to that case and how it taught him how to persevere through a difficult trial. Bill encourages young lawyers to find their way into the courtroom in legal profession where trial experience is steadily decreasing. More information about Bill Shapiro can be found here: https://wshapiro.com/
2020-01-2116 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Casey Johnson at the 2019 CAOC Convention in San FranciscoCasey is a second-generation Southern Californian and the first in his family to graduate from college. A graduate of USC Gould School of Law and a partner at Aitken Aitken & Cohn, Casey’s practice is focused on single incident personal injury cases, elder abuse, professional medical malpractice, and insurance bad faith. Casey is most passionate about his work in insurance bad faith and elder abuse. Casey believes the biggest threat to plaintiff lawyers is the consideration of implementing AI in practice and having hedge funds come in to purchase law firms under the guise of access to justice. Casey is als...
2020-01-1816 minCivil Action with Brian & Shant28. Involuntary Releases in Class Actions; The Death Knell Doctrine; Phelps Factors; Assembly Bill 9Brian and Shant discuss the following cases:
Brown v. Upside Gating: Defendants file an appeal to a judicial order arguing that it was tantamount to an injunction because it required appellants to take affirmative steps to affect invalidation of the releases at issue. The court clarifies that an order is not an injunction and therefore not appealable.
Williams v. Impacts Lab, Inc.: Plaintiffs were provided leave to amend their complaint to add a new plaintiff as a class representative. Unfortunately, counsel filed the amended complaint with the same plaintiff and yet again...
2020-01-1727 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Mary Alexander at the 2019 CAOC Convention in San FranciscoMary Alexander – Mary’s practice is comprised of product liability, toxic tort, auto accidents, pharmaceutical cases, and class actions. With an undergraduate focus in science and an objective toward biology and toxicology, she has handled cases that address environmental and workplace risks associated with the use of dangerous chemicals. Mary recently completed a 19-year long journey trying a matter involving led-based paint. Filed in 2000, she successfully pursued paint companies that manufactured, sold, and promoted led-based paint for use in homes and work environments. More information on Mary Alexander is available here: https://maryalexanderlaw.com/
2020-01-1015 minCivil Action with Brian & Shant27. Arbitration Agreements; Fair Credit Reporting Act; Standing Under Article III; Right to Administrative Remedies; Distinctions Between Procedural & Substantive UnconscionabilityBrian and Shant discuss the following cases:
Monster Energy Company v. City Beverages LLC: When must the arbitrator disclose information regarding their financial interest in the arbitration company, and whether an unfair advantage exists when the arbitration company has handled numerous arbitrations for the advantageous party.
Nayab v. Capitol One Bank: What determines an “injury” under Article III when a consumer’s credit report is run without prior approval? And, what can the consumer do to prevent that conduct in the future?
Stafford v. Attending Staff Association of LAC & U...
2020-01-0928 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Andy Speilberger at the 2019 CAOC Convention in San FranciscoAndy Speilberger – Partner at Balaban and Speilberger discuss his experiences ranging from the law of national treasures to fighting insurance companies. Andy discusses his love for the movie Amadeus, his experiences traveling the world as the product of a military family, and how he and Daniel Balaban started their practice. More information about Andy Speilberger and his team can be found here: http://balaban-spielberger.com/
2020-01-0719 minCivil Action with Brian & Shant26. Attorney Referral Services; Release of Liability in Self-Storage Facilities; Motion for Reconsideration Re Choice of Law; Joint Employer DoctrineBrian and Shant discuss the following cases:
Legal Match.com Matter: The attorney defendant was sued by a legal referral website for unpaid bills, but counterclaimed arguing that the contact was illegal and therefore unenforceable because the company was not registered with the State Bar as a referral service. The website argued that they are not a referral service because do not screen potential clients, but rather just provided a contact list. The Court of Appeal rejected the website’s argument.
Karnofsky v. At Your Door Self-Storage: Plaintiff signed agreement with stor...
2020-01-0224 minCivil Action with Brian & Shant25. Design Immunity; The Consumer Legal Remedies Act (CLRA) and Who Qualifies as a Consumer; Standing to Appeal a Judgment in a Class Action; Attorney Fees & the Cost of LitigationBrian and Shant discuss the following cases:
Dobbs v. City of LA (Convention Center): In terms of design immunity, to determine whether discretionary authority applies, a question of law, the Court states that as long as reasonable minds can differ, discretionary authority can be provided. The Plaintiff lost when arguing that the design of a bollard, a sturdy pillar used to prevent access to a structure, created a dangerous condition.
Kalta v. Fleets 101, Inc.: Kalta purchased a vehicle through his business that was for personal use and as a result, Defendant arg...
2019-12-1924 minCivil Action with Brian & Shant24. CIGA and the Impact on Medicare Payments; Federal Torts Claims Act (FTCA); Indemnification of Additional Insurers; Legislative Difference Between “Rate of Compensation” and “Rate of Pay”Brian and Shant discuss the following cases:
CIGA v. Azar, Sec. of HHS: When Medicare has a primary claim against an insured
party and the insurer becomes insolvent, state-mandated CIGA steps in but as an
insolvency insurer not a secondary payor.
Kim v. United States: Two young boys fall victim to a deadly outcome when a tree
limb breaks loose while camping in Yosemite. Unfortunately for the family, the FTCA
bars claims deemed a discretionary function of federal officials.
Target Corp. v. Golden State Insurance: When...
2019-12-1226 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Taylor Rayfield at the 2019 CAALA Convention in Las VegasBrian and Shant interview Taylor Rayfield, a trial attorney at Greene Broillet & Wheeler, LLP. Taylor focuses on many aspects of plaintiffs’ litigation but has found a passion in litigating cases that involve sexual abuse. Taylor was recently named as a finalist for CAALA’s Rising Star Award, and was awarded the 2018 CAOC Street Fighter of the Year Award for settling a school sex abuse case. Taylor discusses how she discovered her passion for representing victims of sexual abuse and how she has learned to be a better trial attorney from the senior attorneys who helped guide her throughout her care...
2019-12-0615 minCivil Action with Brian & Shant23. Legal Malpractice Cases; The Joint Employer Doctrine; The Future of Dynamex and the Gig EconomyBrian and Shant discuss the following cases:
Sharon v. Porter: Establishing standing in a legal malpractice cases, the statutory framework of the statute of limitations, and the importance of specifying the amount or filing a statement of damages along with a default judgment.
Sprengel v. Zbylut: Implied attorney-client relationships and the distinctions between how it applies to a relationship with the shareholders of a corporation and the corporation itself.
Henderson v. Equilon/Shell Oil: The Joint Employer Doctrine and the definition of “suffer and permit” from the landmark ca...
2019-12-0525 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Michael Childress at the 2019 CAALA Convention in Las VegasBrian and Shant sit down with Michael Childress, the newest attorney to join the Kabateck LLP team. Michael Childress focuses his practice on protecting and enforcing the rights of policyholders. Since 1981, he has negotiated, adjusted and prosecuted insurance claims arising in 40 states, successfully coordinating thousands of investigations and working with experts from many fields. Michael discusses the history of first party property insurance claims, and how almost all claims are severely underpaid. Michael shares his advice for holding insurance companies accountable and the importance of reading and understanding an insurance policy.
2019-12-0217 minCivil Action with Brian & Shant22. Lawyers Trying to Fend Off Bad Reviews; Narrowing of the Joint Employer Doctrine; Challenges in Certifying a ClassBrian and Shant discuss the following cases:
Salazar v. McDonald’s Corp.: Brian and Shant look at a 9th Circuit case involving the the Joint Employer Doctrine as it applies to a franchisor’s control over employees working for a franchisee.
Modaraei v. Action Property Management, Inc.: Brian and Shant discuss a holding from the California Court of Appeal in a misclassification class action where the Court affirmed the denial of class certification based on issues of predominance and superiority. The record contained evidence sufficient to support the trial court's finding that variations betwe...
2019-11-2126 minCivil Action with Brian & Shant21. A Dramatic Reading of Steinbeck; An Evangelist Grandmother’s Relationship with Her Granddaughter; Compelling Arbitration and Judicial Reference; Honolulu Discount; The Five-Year Trial RuleBrian and Shant discuss the following:
The Estate of John Steinbeck: Brian and Shant do a dramatic reading of a case arising out of John Steinbeck’s estate.
Crouch v. Trinity Christian Broadcast Center of Santa Ana: A look at whether a familial relationship can be used to temper the legal impact of comments used to establish a claim for intentional infliction of emotional distress.
JH Boyd v. Kenneth Robert Boyd: Brian and Shant discuss the direct appealability of a denial of a Motion to Compel Arbitration and the distinctions between that and a Mot...
2019-11-1430 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Jake Courtney at the 2019 CAALA Convention in Las VegasBrian and Shant sit down with John K. Courtney, a trial attorney with Girardi & Keese who works on a variety of different areas of practice including aviation, mass tort, and insurance bad faith. Jake has successfully litigated cases wherein he has won verdicts in excess of $20 million, and has settled matters in excess of $70 million. Jake emphasizes the importance of young attorneys getting trial experience at an early stage of their career to better equip them for the developing legal landscape. Jake is concerned with access to justice with regard to the rising cost of litigation which potentially reduces t...
2019-11-0817 minCivil Action with Brian & Shant20. Procedural & Substantive Unconscionability of Arbitration Agreements; California Homeowners Bill of Rights; Class Action “Fairness” Act; Reversing Award of Attorney fees; Litigation PrivilegeBrian and Shant discuss the following:
OTO v. Kho: An arbitration agreement ruled void and unenforceable due to unconscionability.
Lopez v. Bartlett Care Center: A wrongful death matter that confronts the issue of agency authority and substantive unconscionability. The Court held that an arbitration agreement signed by a daughter on behalf of her mother was procedurally unconscionable because the mother was not present when the daughter signed the agreement where the care center asserted the contrary. Moreover, the Court held the agreement substantively unconscionable because the provisions in the agreement were substantially one-sided.
...
2019-11-0734 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Holly Boyer at the 2019 CAALA Convention in Las VegasBrian and Shant have a conversation with Holly Boyer, a partner at Esner Chang & Boyer and is certified by the State Bar of California’s Board of Legal Specialization as an Appellate Specialist. Holly was recently awarded the “Appellate Attorney of the Year” award by the Consumer Attorneys Association of Los Angeles. Holly’s work helped to establish a framework for negligence causes of action against public entity school districts regarding sexual abuse cases. She also recently worked with the Consumer Attorneys of California to address statute of limitations concerns with regard to sexual abuse cases. Holly addresses the issues sh...
2019-11-0515 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Geoff Wells at the 2019 CAALA Convention in Las VegasBrian and Shant interview Geoff Wells, a partner of Greene, Broillet & Wheeler in Santa Monica with an impressive record of verdicts and settlement in catastrophic personal injury cases. Geoff discusses the most impactful cases he has worked on and shares his advice for young lawyers. Geoff has obtained more than 250 multimillion-dollar verdicts and settlements in complex legal actions. Geoff was President of CAALA of 2014 and dedicates his spare time to supporting organizations like CAALA and CAOC. More information about Geoff Wells is available here: https://www.gbw.law/team/geoffrey-s-wells/
2019-11-0414 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Elise Sanguinetti at the 2019 CAALA Convention in Las VegasBrian and Shant sit down with Elise Sanguinetti, a founding partner at Arias Sanguinetti Wang & Torrijos, LLP. Elise just completed her term as the president of the American Association for Justice, and she was previously president of both the Consumer Attorneys of California and the Alameda Contra Costa Trial Attorneys Association. Elise discusses her concerns regarding forced arbitration, the political landscape, and the influences that helped mold her into one of the best trial attorneys in California. More information about Elise Sanguinetti is available here: https://aswtlawyers.com/attorneys/elise-r-sanguinetti/
Have questions for us? You can reach u...
2019-11-0121 minCivil Action with Brian & Shant19. Armenian Genocide Insurance Litigation: Bad Faith Lawsuits Brought In The Wake Of The First Genocide of the 20th CenturyBrian and Shant take an in depth look at the history, successes, and challenges faced in litigating insurance bad faith cases brought on behalf of descendants of victims of the Armenian Genocide. Brian shares his experiences handling these cases and talks about the political ripple effects which reached the highest levels of public office. As Armenian-Americans, Brian and Shant discuss the significance of these cases and the legislative and judicial landscape surrounding genocide recognition efforts. This episode was recorded just days before the United State House of Representatives passed House Resolution 296 on October 29, 2019. The long-delayed resolution recognizes the massacre of 1...
2019-10-3133 minCivil Action with Brian & ShantBONUS CONTENT: Interview with James DeSimone at the 2019 CAALA Convention in Las VegasBrian and Shant interview civil rights trial lawyer V. James DeSimone ("Jim"). Jim tells us about his cutting-edge practice and the impact his work has had on society. Jim also discusses important changes to California civil rights laws. Jim is an accomplished trial lawyer dedicated to representing individuals in civil rights cases, with an emphasis on employment discrimination and harassment, employment wage and hour class action cases, police misconduct and brutality cases, including wrongful death, excessive force, and false arrest cases, and personal injury cases. More information about Jim DeSimone is available here: https://www.vjamesdesimonelaw.com/attorney-profiles/v-james-jim-desimone/
2019-10-3018 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Christine Spagnoli at the 2019 CAALA Convention in Las VegasBrian and Shant catch up with Christine Spagnoli, a partner of Greene, Broillet & Wheeler in Santa Monica, specializing in representing plaintiffs in product liability, personal injury and legal malpractice actions. Chris shares her story of how she came to spear-head litigation to protect consumers from injuries and deaths involving vehicle defects. Chris has obtained many multimillion-dollar verdicts, including the 1999 General Motors case in which a defective fuel tank was found responsible for the burn injuries of two adults and four children, where the jury returned with a landmark $4.9 billion verdict. More information about Chris Spagnoli is available here: https://www.g...
2019-10-2916 minCivil Action with Brian & Shant18. More Bad Decisions Regarding ArbitrationBrian and Shant discuss the possibility of using conversion as a means of recovering wages, some clarity regarding 998 offers, arbitrability of UCL claims, dangerous conditions of public property, the inability to arbitrate ERISA claims, and the rules regarding consenting to the jurisdiction of a magistrate judge.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.
2019-10-1731 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Genie Harrison at the 2019 CAALA Convention in Las VegasBrian and Shant speak with Genie Harrison, a civil rights and employment attorney with a reputation for being a fierce advocate for victims of sex abuse. Genie discusses some of the challenges women face in all careers (including in the practice of law), proposes changes we should all fight for, and makes a big announcement. In 2018, Genie Harrison was recognized by the Daily Journal as one of the Top 100 Lawyers in California — across all categories of law. She is currently the First Vice President of CAALA, and in 2021 will be the fifth female President of the organization in its 70thAnniversa...
2019-10-1516 minCivil Action with Brian & ShantBONUS CONTENT: Interview with Robert Simon at the 2019 CAALA Convention in Las VegasBrian and Shant talk with Robert Simon, co-founder and lead trial lawyer at the Simon Law Group, at the CAALA Conference 2019 in Las Vegas. Bob shares his story of how he got started, his efforts to empower young trial attorneys, and important cases he has handled that paved the way for the basic tools used in personal injury cases. Bob Simon and his Justice Team have obtained record-setting verdicts and landmark results for injured parties. Bob also hosts his own awesome Justice Team Podcast, featuring other great trial attorneys. More information about Bob and his Justice Team can be found here: ...
2019-10-1115 minCivil Action with Brian & Shant17. The End of Labor Code Section 558; Bad News for California EmployeesBrian and Shant discuss the California Supreme Court eliminating employees ability to seek unpaid wages under Labor Code section 558, an important decision regarding 128.7 sanctions, using statistical sampling to establish liability for purposes of class certification, liquidated damages in a settlement agreement, and attorney disqualification.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.
2019-10-1034 minCivil Action with Brian & Shant16. Notice Prejudice Case; Removal Case; Privacy Rights; Driver Privacy Protection Act; Arbitration of UCL Claim; Trail ImmunityBrian and Shant discuss a Notice Prejudice case (one of the very important principles in Insurance Law, a Removal Case involving Federal Court, a Privacy Rights case versus Facebook that deals with standing & injury issues, a Driver Privacy Protection Act, an arbitration of UCL claim and how you can't arbitrate it, and finally a type of governmental immunity called Trail Immunity.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.
2019-09-2635 minCivil Action with Brian & Shant15. Small Inflatable Pools; Good News For Lawyers Handling Consumer Class Actions.Brian and Shant discuss some good news (for a change) for consumers regarding class actions.
Cases include:
Noel v. Thrifty Payless, Inc. (2019) 7 Cal.5th 955: The California Supreme Court held that the ascertainability element of class certification does not require the ability to give notice to every single class member.
Nguyen v. Nissan North America, Inc. (9th Cir. 2019) 932 F.3d 811: The 9th Circuit Court of Appeals held that the Plaintiff’s theory of liability—that Nissan’s manufacture and concealment of a defective clutch system injured class members at the time of sale—is consistent wit...
2019-09-1925 minCivil Action with Brian & Shant14. Beating MSJ in a Discrimination Case; Successfully Fending Off Arbitration By Arguing WaiverSummary: Brian and Shant discuss a number of cases that set generally good precedent for plaintiffs. They cover cases about FEHA claims arising out of the conduct of an coworker, challenges in a premises liability case involving criminal conduct, successfully arguing a defendant waived right to arbitrate, and forum selection clauses that violate public policy.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com
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Galvan v. Dameron Hospital Assn. (2019) 37 Cal.App.5th 549 and Ortiz v. Dameron Hospital Assn. (2019) 37 Cal.App.5th 568:
Genuine...
2019-09-1232 minCivil Action with Brian & Shant13. Breach of Confidentiality Clause; J&J Talc Case; Personal Injury Case; A Rogue Juror; Abuse Case; Insurance Case & Interpreting ContractsBrian and Shant discuss a slew of bad plaintiff cases today, including a California Supreme Court opinion that arose out of the breach of a confidentiality clause and settlement agreement (AKA the worst case scenario for plaintiff lawyers), J&J talcum case, a personal injury case and how to perfect your appeal, a rogue juror, an abuse case with no recourse, and an insurance case and how to interpret insurance contracts.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.
2019-09-0533 minCivil Action with Brian & Shant12. FEHA; Attorneys Fees in Lemon Law Cases; Medicare in Personal Injury Cases; Attorney Fees in Civil Rights Action; RFAs; Burden of Proof for Reducing Future Damage AwardedBrian and Shant discuss a FEHA cases and new trial motions and standards for reviewing those, attorney's fees in Lemon Law cases, a cautionary tale and reminder about edicare/Medi-Cal leans in personal injury cases, an attorney fee case risen out of civil rights action, RFA's and actually using them (the costs of proving truth of something that was denied in RFA), and the burden of proof for establishing and/or reducing future damage awards to present cash value.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.c...
2019-08-2932 minCivil Action with Brian & Shant11. Facebook & The Telephone Consumer Protection Act; Lawyers Getting Petty; Professional Negligence & CPAs; Clarifying Rule 4-2; Manhattan Community Access Corp CaseBrian and Shant discuss Facebook and the Telephone Consumer Protection Act, relief under 473 (relief for a default) aka lawyers getting petty, professional negligence & CPA's screwing up with taxes and the statutes of limitation that governs that, a rule that clarifies Rule 4-2 which involves contacting represented parties (who counts and who does not), and a Supreme Court case called Manhattan Community Access Corp., which involves the 1st amendment.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.
2019-08-2229 minCivil Action with Brian & Shant10. Case Certification; Insurance Case; Decertification and Standing; UCL Claim; Civility and the LawBrian and Shant discuss case certification for purposes of a nationwide class settlement, a California Court of Appeal for the 4th District's duty to defend an additional insured in an insurance case, A 9th circuit case decertification & standing, and strict requirements for it, a UCL claim in an employment case, and civility & the law, and motions to get relief from default.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.
2019-08-1537 minCivil Action with Brian & Shant9. Waiving Right to Arbitration; Handling Insurance Company Claim; 9th Circuit Court of Appeal Arbitration; CAFA; SoCal Gas Leak Case; Mandatory Fee Arbitrations Over Attorney FeesBrian and Shant discuss a defendant waiving their right to arbitration, handling a claim with an insurance company and not signing over rights, Ninth Circuit Court of Appeal arbitration, Class Action Fairness Act, Porter Ranch & SoCal gas leak case, and mandatory fee arbitrations & whether or not it's appealable when you get an order denying trying to compel arbitration over attorney's fees.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.
2019-08-0854 minCivil Action with Brian & Shant8. Class Action Fairness Act; Treble Damages Under Penal Code; Failure to Prosecute; Picking Off Class Representatives; One-Way Attorney Fee StatuteBrian and Shant discuss a United States Supreme Court Case that has to do with the Class Action Fairness in Removal Statute, treble damages under penal code, failure to prosecute during a case in trial, picking off class representatives from First District Court of Appeal, and one-way attorney fee statute under labor code.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.
2019-08-0128 minCivil Action with Brian & Shant7. Arbitration; Primary Assumption of Risk; Insurance CasesBrian and Shant discuss three cases involving arbitration, primary assumption of risk (The Fireman's Rule), and an insurance case from The United States Court of Appeals for the Ninth Circuit.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.
2019-07-2531 minCivil Action with Brian & Shant6. Juror Misconduct & Collateral Source Rule; Forum Selection Clauses; 5 Year Rule in A "Death Knell" Doctrine; Uninsured Motorists Within an Umbrella Policy; PAGA & Claim SplittingBrian and Shant discuss juror misconduct and the collateral source rule, forum selection clauses, employment contracts, and a new statute that's favorable to plaintiffs, two issues of first impressions regarding the five year rule in a "death knell" doctrine, uninsured motorist coverage in the context of an umbrella policy, and PAGA & claim splitting.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.
2019-07-1823 minCivil Action with Brian & Shant5. Good News in Trucking Employment Cases; Cautionary Tales About DeadlinesBrian and Shant discuss serving complaints on foreign governments, dealing with injuries sustained while working for a subcontractor, immunities of a school district, deadlines for giving notice of a medical malpractice claim, arbitration in interstate trucking, and TCPA claims.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.
2019-07-1126 minCivil Action with Brian & Shant4. SCOTUS Ruling in Epic Systems in PAGA Cases; Denying Class Certification; Religious Org. Exemption; Relief Under CCP 473b; Elder Abuse Cases; Deadlines for Removing Fed. Court CaseBrian and Shant discuss the application of SCOTUS’s ruling in Epic Systems in PAGA cases, requirements for an order denying class certification, Religious Organization Exemption in employment discrimination cases, relief under CCP 473b, the lack of requirement of special relationship in elder abuse cases, and deadlines for seeking removal of a case to federal court.
2019-07-0328 minCivil Action with Brian & Shant3. Cy Pres; Default Judgment PAGA Cases; Declarations in Malpractice; DQ of Lawyers in Partnership Disputes; Self-Insured Retention & Coverage; Liability of a FraternityBrian and Shant discuss cy pres in class action settlements, obtaining a default judgment in a PAGA case, expert declarations in malpractice cases, disqualification of lawyers in a partnership dispute, insurance coverage when insured fails to pay self-insured retention, and liability of a national fraternity for injuries sustained by a plaintiff at a local party.
2019-06-2631 minCivil Action with Brian & Shant2. Equitable Tolling; Piece Rate Work & Meal Breaks; Application of Forum Selection Clauses; Seeking Disqualification of Lawyers; Post-PAGA ActionsBrian and Shant discuss equitable tolling of class actions, piece rate work and meal breaks, trends in application of forum selection clauses, timeliness in seeking disqualification of lawyers, and attorney fees in settlement of PAGA actions.
Have questions for us? You can reach us at 213-217-5000, or visit our website at www.kbklawyers.com.
2019-06-1927 minCivil Action with Brian & Shant1. Enforcing Arbitration Clauses; Challenging Judges; Expert Declarations; False Advertising Claims; Construction Defect Class ActionsBrian and Shant discuss trends in enforcing arbitration clauses, blowing deadlines to challenge a judge, importance of an expert declaration when opposing a MSJ, federal preemption in false advertising claims against drug manufacturers, and construction defect class actions.
Goonewardene v. ADP, LLC (2019) 6 Ca.5th 817: Employer can enforce an arbitration agreement between an employee and a staffing agency.
Sunrise Financial v. Superior Court (2019) 32 Cal.App.5th 144: Section 170.6 challenge was untimely because defendants filed the challenge more than 15 days after they made an appearance in the action by filing an opposition to the section 403 transfer/consolidation motion in J...
2019-06-1333 minCivil Action with Brian & ShantIntroducing: Civil Action with Brian & ShantKabateck LLP presents Civil Action with California trial lawyers Brian and Shant. Join us as hosts Brian Kabateck and Shant Karnikian analyze legal issues and developments in California law affecting plaintiff lawyers and their practices. The show presents a summary of recent appellate decisions affecting all area of plaintiff-side civil litigation, from personal injury to employment, from landmark cases to changes in procedure. This weekly series keeps you informed on a variety of hot legal topics from throughout the state. This is Civil Action.
2019-06-0401 min