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:
• 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.
• Arbitrator, not court, presumed to have authority to determine whether an arbitration agreement permits
class-wide arbitration when the agreement is silent or ambiguous.
• 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.
• Waiver of the attorney client or work product privilege improper as a sanction for failing to provide an
adequate privilege log.
PRACTICE & FORMS
BY ROBERT F. KANE AND DONALD G. REZ