Civil Litigation Insights
7 articles
How a case is conducted can matter as much as who is right. These articles address California civil procedure: motions and sanctions, the early-stage rulings that shape a case, waiver of procedural rights, and the professional responsibility questions that arise in litigation.
Who Controls a Lawsuit When an Outside Investor Is Paying for It? California’s New Rules for Litigation Funding
AB 2305 does not ban litigation funding. It draws a line at control: someone may finance the lawsuit, but financing it does not mean they get to run it.
Read the Article →Can You Be Sued for What Your Content Implies, Even If You Never Said It? A New California Defamation Case
“We never actually said that” is not the end of the analysis. But the implication must be one a reasonable reader would take from the publication as a whole.
Read the Article →Can You Lose the Right to Arbitration by Litigating in Court? A New California Case Says Yes
An arbitration provision is a contractual right, not a permanent escape hatch. After Quach, the focus is on the conduct of the party holding the right.
Read the Article →When AI Sounds Like a Lawyer: Hallucinated Cases, Sanctions, and the Limits of Artificial Intelligence in Litigation
AI can sound remarkably confident while being completely wrong. The lawyer signing the filing remains responsible for what goes into court.
Read the Article →When Can a California Court Sanction a Party for Refusing to Withdraw a Claim?
Continuing to press a claim the court has already rejected can create exposure beyond losing it. On sections 128.5, 128.7, and the safe-harbor procedure.
Read the Article →Can a Company Transfer Assets to Avoid Creditors in California?
Restructuring is lawful. Moving value beyond a creditor’s reach may not be. Civil Code section 3439.04 and the badges of fraud.
Read the Article →Can You Freeze a Defendant’s Assets Before Judgment in California?
California's prejudgment writ of attachment can secure assets while a lawsuit is pending, but only for certain contract claims and on statutory proof. Code of Civil Procedure sections 483.010, 484.010, 485.010.
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