Preliminary Sections

• Author: Robert F. Kane/Donald G. Rez
• Pages: 1-40

HIGHLIGHTS

This edition of California Pretrial Practice updates 20 chapters, adds 35 new sections, hundreds of new cases,

and dozens of cautions and practical tips. California Pretrial Practice gives you clear, concise explanations of

the statutes, rules, and case law covering everything from taking the case up to trial.

Some of the many topics addressed include:

PERSONAL JURISDICTION

• Out-of-state drug manufacturer with substantial California sales could be sued by both resident and non-

resident plaintiffs for injuries caused by those drugs.

• Internet based defamation subjects defamer to jurisdiction if it targets state, but targeting of California

resident alone is insufficient.

STATUTES OF LIMITATIONS

• Limitations period for claims against attorneys and health care providers for professional negligence short-

ened to one year from discovery of injury unless exception applies.

ATTACKING THE PLEADINGS

• Demurrer not permitted to any part of amended complaint that could have been raised in earlier demurrer

• Meet and confer requirements before filing a demurrer are explained.

• Anti-SLAPP motions ruled true motions to strike by California Supreme Court.

• Anti-SLAPP motions in cases involving governmental entities.

CLASS ACTIONS

• Arbitrator, not court, presumed to have authority to determine whether an arbitration agreement permits

class-wide arbitration when the agreement is silent or ambiguous.

ALL DISCOVERY

• Agreement of parties alone is insufficient for sealing court records; court must make four specific findings.

• When constitutional right of privacy is involved, proponent must show discovery sought is directly rele-

vant and essential to the fair resolution of the underlying lawsuit.

• In a suit between joint clients or in a malpractice lawsuit, attorney client communications relevant to the

claims are not protected by the attorney-client privilege.

DOCUMENT PRODUCTION

• Waiver of the attorney client or work product privilege improper as a sanction for failing to provide an

adequate privilege log.

CALIFORNIA PRETRIAL

PRACTICE & FORMS

BY ROBERT F. KANE AND DONALD G. REZ

• Terminating sanctions order was fundamentally flawed where record failed to show other sanctions could

not remedy effects of discovery violations.

• E-mails contained on the City’s municipal computers to the extent they contain information relating to the

conduct of the public’s business are public records

INTERROGATORIES

• Form Interrogatory 12.1 construed to call for identity of percipient witnesses and not witnesses who may

have information concerning injuries or damages.

REQUESTS FOR ADMISSIONS

• Deemed admission that doctor met the applicable standard of care was proper basis for summary judgment.

• Determining whether tardy responses are substantially code-compliant requires responses to be evaluated

qualitatively in toto; court may not segregate each individual response.

SUMMARY JUDGMENT

• Courts should welcome motions to strike irrelevant material; trial court could have stricken thousands of

pages of confidential discovery materials plaintiffs submitted but never referenced in their opposing papers.

• Seven factors courts consider in deciding whether to continue a summary judgment motion to permit

additional discovery.

DEFAULT JUDGMENTS

• Mandatory relief under section 473(b) for any dismissal entered encompasses dismissals entered as a ter-

minating sanction for discovery abuse.

• When seeking mandatory relief from default or default judgment based on attorney error, reasons for

attorney error are irrelevant.

• Renewed motion for relief from default predicated on attorney fault must comply with CCP §1008, show-

ing new facts, circumstances, or law.

• Second motion for relief from default judgment must also comply with CCP §1008.

SETTLEMENT

• Insurer’s obligation to engage in good faith settlement negotiations.

• Statutory offers to compromise: requirements for a valid offer; joint offers to multiple plaintiffs; joint

offers by defendants; and multiple offers.

AND MORE!

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would love to hear from you.

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