Janssen Malloy LLP attorney and partner Michael J. Crowley previously wrote about a particular litigation tool, the California Code of Civil Procedure section 998 offer to compromise, linked to here. A recent decision by the California Second District Court of Appeal underscored why parties in litigation should seek the advice of experienced counsel when such an offer has been made in … Read More
Successful Trial Results in Mendocino County Easement Case
Toward the end of 2017 Janssen Malloy LLP attorney David Nims represented a longtime client of the firm in Mendocino County Superior Court in a civil case. Recently, Judge Jeanine Nadel issued the decision of the court in favor of the client, the owner of a significant amount of timberland in Humboldt and Mendocino Counties. The case was brought by a … Read More
Trial Preference in Civil Cases Based on Felony Conduct
California Code of Civil Procedure (CCP) section 36 provides a mechanism for certain civil litigants – the elderly, minors age 14 or younger bringing a wrongful death action, or the terminally ill – to have the court schedule their trial within 120 days. Janssen Malloy LLP partner Michael Crowley previously wrote about the procedure here. A lesser known provision of that … Read More
Litigation as an Investigative Tool in Special Circumstances
Generally when people think about civil litigation – lawsuits – they think about suing some known or at least identifiable individual or entity. The paradigmatic example would be a motor vehicle accident in which John Smith runs a red light, hitting your vehicle, causing you property damage and injuring you. Perhaps, in that scenario, your attorney might file suit against … Read More
Anti-SLAPP Alive and Well in Humboldt County Superior and California Supreme Courts
Imagine you’ve been sued for commenting on a proposed piece of legislation, a political candidate’s qualifications, something that was said or occurred in a prior lawsuit, or a matter of public interest, generally. Each of those topics certainly feels like an area where you should be able to exercise your First Amendment right to speak your mind, but now you have to … Read More