Litigation Manual 2024 - DRAFT PDF

**LITIGATION DEPARTMENT** **TABLE OF CONTENTS** -------------------------------------------------------------------- ------------------------------------------- **General Terms**....................................\...3 Legal Proceedings.......................................3 Legal Concep...

**LITIGATION DEPARTMENT** **TABLE OF CONTENTS** -------------------------------------------------------------------- ------------------------------------------- **General Terms**....................................\...3 Legal Proceedings.......................................3 Legal Concepts....................................\...4 **Introduction**.......................................8 Why cases should be litigated......................................10 How to increase the value of the case during the litigation stage......................................11 **Internal Litigation Workflow**.....................................14 **The Litigation Process**.....................................14 Step One "Filing the Lawsuit".....................................15 Step Two "Serving the case".....................................20 Step Three "Discovery Stage".....................................24.....................................25.....................................25.....................................27.....................................27.....................................27.....................................28.....................................30.....................................32.....................................35 Step Four "Motion for Summary Judgment.....................................36 Step Five "Settlement".....................................37 Step Six "Trial".....................................40 Step Seven "Post-Trial".....................................41 **Government Claims**.....................................42 **Links**.....................................45 -------------------------------------------------------------------- ------------------------------------------- **GENERAL TERMS** **LEGAL PROCEEDINGS** **Case Management Conference (CMC) or Trial Setting Conference:** This is a critical procedural meeting in California civil litigation, mandated under the California Code of Civil Procedure (Cal. Code Civ. Proc.1770 et seq.). The conference typically occurs within 120 to 180 days after a lawsuit has been filed. During this conference, the judge and the parties involved discuss the progress of the case, including: - [Discovery]: Reviewing the status and schedule of discovery processes, such as depositions and document production. - [Settlement Opportunities]: Exploring potential settlement negotiations and the possibility of referral to alternative dispute resolution (ADR) methods like mediation or arbitration. - [Motion Planning]: Discuss any anticipated motions to help streamline the pre-trial process. - [Trial Preparation:] Establishing a timeline for the remaining pre-trial activities and setting tentative trial dates. - [Case Specifics]: Addressing any unique aspects of the case that may require special attention or scheduling. Every party MUST file a Case Management Statement using the Judicial Council Form CM-110. This statement must be filed with the court and served on all other parties involved in the litigation. **Order To Show Cause:** A type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts use these orders as a preliminary step to a larger action, or to bring to the court\'s attention changes in a situation that may need judicial intervention. **Deposition (on Oral Questions):** A pre-trial discovery process where a witness provides sworn testimony outside of court, recorded by a court reporter (Cal. Code Civ. Proc. § 2025.010 et seq.). Depositions in California are conducted under oath and allow for the attorneys from both sides to ask questions. The testimony can be used to gather information, impeach witness credibility, or preserve trial testimony. **Physical Examination:** In California, a court may order a physical examination of a party where their physical condition is in controversy (Cal. Code Civ. Proc. § 2032.010 et seq.). Typically seen in personal injury cases, this examination aims to evaluate the extent and nature of any claimed injuries. The examining physician provides a report that becomes part of the evidence in the case. **Hearing on Motion:** A judicial session in California courts where a judge reviews, hears arguments, and decides on various motions presented by parties (Cal. Code Civ. Proc. § 1003). This can include motions for summary judgment, to compel discovery, dismiss cases, or modify previous court orders. **Informal Discovery Conference (IDC):** An optional meeting in California Civil Litigation (Cal. Code Civ. Proc. § 2016.080) where parties can meet and confer regarding discovery disputes before formally moving to compel or oppose discovery. The IDC aims to resolve discovery issues more efficiently and cost-effectively, reducing the need for court intervention. **Arbitration:** This is a form of alternative dispute resolution where a neutral third party, known as an arbitrator, resolves disputes outside of court. In California, arbitration may be voluntary or mandatory and the arbitrator\'s decision can be binding (final and enforceable in court) or non-binding. The process is governed by the California Arbitration Act (Cal. Code Civ. Proc. § 1280 et seq.). **Mediation:** A voluntary, confidential process in which a neutral third-party mediator facilitates negotiation between disputing parties to reach a mutually acceptable resolution (Cal. Code Civ. Proc. § 1775 et seq.). Unlike arbitration, mediation does not involve a binding decision by the mediator; instead, the mediator helps parties communicate and explore settlement options. **Final Status Conference (FSC):** Held near the end of the pre-trial phase in California (Cal. Code Civ. Proc. § 575.1), this conference is a crucial planning meeting where the court and parties discuss trial readiness, review, and finalize the issues to be tried, estimate trial time, and address any remaining pre-trial matters. It sets the stage for the trial and ensures all parties are prepared. **Jury Trial:** A fundamental legal proceeding in California (Cal. Const., Art. I, § 16) where a group of citizens (the jury) is selected to hear the evidence presented by both sides in a courtroom setting. The jury deliberates and decides based on the facts and the judge\'s instructions on the law. In civil cases, the jury\'s role is to determine liability and, if applicable, assess damages. **LEGAL CONCEPTS** **Statute of Limitations:** The California Code of Civil Procedure Sections 312-366.3 provides various time limits within which different types of lawsuits must be filed. Failing to file within these time limits can result in the loss of the right to sue. **Complaint:** The initial pleading by which a civil action is commenced in California courts. As per the California Code of Civil Procedure (Cal. Code Civ. Proc. § 425.10), a complaint must state the legal basis for the claim and the type of relief sought (e.g., damages, injunction). **Cause of Action:** A set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. In California, the specific elements of a cause of action depend on the type of claim (e.g., breach of contract, negligence, etc.). **Summons:** A legal document issued by a court and served with a complaint to a defendant in a legal action. The summons notifies the defendant of the lawsuit and provides information on the required response time. In California, the form and content of a summons are governed by Cal. Code Civ. Proc. § 412.20 et seq. It serves as an official notification to the defendant that they are being sued and outlines the timeframe within which they must respond to the complaint, typically 30 days in California. **Civil Case Cover Sheet:** A form filed at the commencement of a civil lawsuit which provides basic information about the case to the court. In California, the Civil Case Cover Sheet (Judicial Council Form CM-010) is required for all civil cases and includes details such as the type of case, the parties involved, and whether the case is complex, limited, or unlimited. It helps the court in managing its caseload and determining the allocation of judicial resources. **Guardian ad Litem:** A court-appointed guardian to represent the best interests of a child, minor, or legally incompetent adult during a lawsuit. The appointment process and duties are outlined in the California Code of Civil Procedure (Cal. Code Civ. Proc. § 372 et seq.). **Damages:** Monetary compensation awarded to a party in a lawsuit for loss or injury. California recognizes several types of damages, including compensatory, punitive, and statutory damages, as governed under different sections of the California Civil Code. \[CCP 3294 and 3281\]. **Statement of Damages:** A document that specifies the nature and amount of damages being sought in a personal injury case. The California Code of Civil Procedure requires this statement for personal injury and wrongful death actions. **Negligence:** Defined in California as the failure to use reasonable care to prevent harm to oneself or others. A person is negligent if they do something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation (California Civil Code Section 1714). **Gross Negligence:** The lack of any care or an extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or others. A person can be grossly negligent by acting or by failing to act. \[CACI 425\]. **Medical Malpractice:** Defined in the California Civil Code and further elaborated by case law, it occurs when a healthcare professional deviates from the standard of care in their field, causing injury or death to a patient. **Premises Liability:** Outlined in California Civil Code Section 1714, which imposes a duty on property owners to maintain their property in a reasonably safe condition. Owners are liable for injuries caused by their failure to exercise ordinary care in the management of their property. **Tort:** Defined under California law as a civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages. Torts include negligence, fraud, and defamation, among others. **Wrongful Death:** Under California Code of Civil Procedure Section 377.60, a wrongful death claim is a lawsuit brought by the survivors, or on behalf of the estate, of someone who died because of the wrongful act or negligence of another person or entity. **Discovery:** The pre-trial phase in a lawsuit where each party can obtain evidence from the opposing party through discovery devices such as interrogatories, depositions, and requests for production of documents. California discovery rules are provided under Cal. Code Civ. Proc. § 2016.010 et seq. **Expert Witness:** Individuals who have specialized knowledge, skill, experience, training, or education and are appointed to provide expert testimony relevant to the case. The California Evidence Code (§ 720) governs the qualifications and admissibility of expert witness testimony. **Hearsay:** An out-of-court statement, made in court, to prove the truth of the matter asserted. Hearsay is generally inadmissible as evidence in California courts unless it falls under an exception as provided in the California Evidence Code (§ 1200 et seq.). **Motion in Limine:** Used to request that certain evidence be deemed inadmissible or admissible at trial. California Code of Civil Procedure Section 2017.010 allows parties to obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action. **Proximate Cause:** This term is used to describe the primary cause of an injury. Under California law, proximate cause is that which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. **Default Judgment:** Judgment against a defendant who fails to respond to a complaint within the time specified by law, essentially forfeiting their right to defend. In California, the procedure for obtaining a default judgment is outlined in Cal. Code Civ. Proc. § 585 et seq. **Loss of Consortium:** Type of damage awarded to a spouse or registered domestic partner for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and sexual relations due to an injury to their partner. Damages awarded to a family member (usually the spouse) of an injured or deceased person for loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support. The loss of the enjoyment of sexual relations or the ability to have children. California Jury Instructions (CACI 3920), **Malfeasance:** Refers to the commission of an unlawful act, especially by a public official. While not specifically defined in a single statute, it\'s addressed under various California laws regarding public sector liability and misconduct. **Jury Instructions:** Directives given by the judge to the jury explaining the laws relevant to the case and outlining the standards that should be used in deciding the case. **Code of Civil Procedure Section 998 ("998 Offer"):** This section encourages settlements by providing a mechanism for making formal settlement offers with cost-shifting consequences. If a party fails to achieve a better result than the offer, that party must pay certain costs incurred after the offer was made. **Settlement:** In California, a settlement is an agreement reached between parties to resolve their dispute without having to go to trial. It can be reached at any time during the litigation process. **INTRODUCTION** This manual has been created to provide broader information on matters related to the Litigation Department. Litigation is the process of taking a dispute to a court of law when the parties involved cannot agree on the fair and proper outcome of the dispute. A civil dispute may require a court trial (or bench trial), or jury trial. The key difference between a bench trial and a jury trial is that, in the former, a judge solely makes the decision, while a jury decides the outcome of the case in the latter. In either event, however, the judge listens to the parties, examines the evidence, and applies the verdict according to the law and the facts presented. In all our civil court cases, we prefer a jury trial. A \$150 nonrefundable fee must be paid by at least one party on either side requesting a jury. The fee will offset the costs to the state of providing civil jury service (631 of the Code of Civil Procedure(b)). All fees must be paid on or before the initial case management conference. In any lawsuit, two parties are typically involved: 1. **Plaintiff:** The party who initiates the lawsuit. 2. **Defendant:** The party who is being sued. Civil court cases are divided into types depending on how much they are worth: A. **Limited civil case**: A civil case that involves an amount of \$35,000 or less. B. **Unlimited civil case**: A civil case that involves an amount of over \$35,000. C. **Small claims case**: A civil case filed in small claims court for \$12,500 or less. **Personal Injury Lawsuit**:[^1^](#fn1){#fnref1.footnote-ref} A type of civil lawsuit is filed when a person suffers harm or loss resulting from an emotional, physical, or psychological injury. We have [2 years] from the date of the incident to file a lawsuit.   \[CCP 335.1\]. Common personal injury lawsuits include: - Slip and fall accidents - Motor vehicle accidents - Medical malpractice - Wrongful death - Premises liability **Lawsuit Against Public Entities (Governmental Claims**): A type of civil lawsuit that applies to public entities, such as state, county, local government agencies or departments, and government employees, for damages believed to be caused by them. We MUST file a claim within [6 months] from the date of the incident. If the claim gets rejected, we have another [6 months] from the date of the rejection letter to file a lawsuit.  \[Cal. Gov Code 910, 910.2, 911.2, 911.4\]. **Why cases should be litigated.** The following are the possible inquiries as to why a case should be litigated: a. b. c. d. e. f. Regardless of the reason(s), whenever a case is filed, it will trigger [a wave of deadlines that the litigation department will have to comply with]. For this reason, it is advisable to litigate only cases whose projected value is [at least \$100,000.00]. Once it is firmly and fully decided that a case will commence litigation, we have to ask the following questions: a. b. c. d. e. f. g. h. In the initial phase of the litigation system, substantial issues are tackled and discussed within and across the department. Most tasks during the first phase of litigation involve brainstorming and critical thinking, requiring the team members to engage in crucial decision-making. **How to increase the value of the case during the litigation stage.** Medical expenses are a crucial factor in determining the settlement value of a personal injury case. The amount of medical expenses serves as a tangible measure of the harm a client has suffered and can provide strong evidence for damages claimed. **Medical records, bills, and reports** can also help us establish the nature and extent of the client's future medical treatment, as well as his/her ongoing medical needs. It is worth noting that insurance companies and defendants in personal injury cases often focus on the amount of medical expenses when they evaluate a claim, so it is important for the client to carefully document and track all of his/her medical expenses. However, the amount of medical expenses is not the only factor in settlement valuation, but also the consistency and coherence of the medical treatment according to the client's injuries. The type and duration of medical treatment can also influence the value of the case. For example, if the client has undergone surgery or has received lengthy pain management therapy, this can indicate that the injuries are severe and are likely to incur **significant future medical expenses**. This is why we need to make sure that we maintain, even increase, the value of the case during the litigation stage, depending on the injuries sustained by the client. Here are a few examples of how to both keep and increase the value of a big case entering litigation: 1. **Keep the client treating during the litigation stage.** When a case starts active litigation, the client has most likely already undergone crucial medical treatment for his/her injuries during pre-litigation. However, it is important for the case to have the client continue with treatment. Even if the client has reached maximum medical improvement, we still need to schedule regular follow-ups. Our aim is to improve the client's quality of life by reducing pain, increasing the range of movement, and promoting the physical and emotional well-being of the client. Continuous treatment is also going to help us document the medical history of our client. 2. **Recover/update surgical recommendations the client may have gotten during the pre-litigation stage.** Several cases that go into litigation are classified as surgical. However, some clients delay or decline surgical intervention due to their fear of the procedure or concerns about incurring debts arising from surgery. It is important to let the client know that the best time to get a surgical procedure is while the case is still open since this allows us to claim expenses from the personal injury compensation he/she is entitled to. Even if the client is not willing to go through the surgery, a surgical recommendation is always going to add value to the case in terms of future medical expenses. A surgical recommendation can be updated based on the recommending physician's subsequent findings and when the client gives consent to surgical treatment. 3. **Avoid gaps or inconsistencies in treatment.** Consistent and evincible medical treatment received by the client serves as evidence for the harm he/she has suffered and the extent of his/her injuries. This evidence can help us increase the likelihood of a favorable outcome. If the client has gaps in treatment, declines medical recommendations, or has an inconsistent course of treatment, the defense may raise questions about the continuity and credibility of the client's medical history and may suggest to the jury that the client's injury is not as severe as claimed in that he/she is not diligent in seeking medical care. We need to close and account for the gaps in treatment as much as possible. This can be done by providing a valid explanation for the client's gaps in medical attention (for example, COVID-19 pandemic restrictions, comorbidities that make multiple treatments at the same period of time difficult, the client's economic or physical limitations, etc.). Pending more intensive treatment, any gaps can also be reduced by having the client seek treatment on his/her own, such as home exercises or alternative care. 4. **If the client sustained a head injury, ensure that the treating physician evaluates him/her for Traumatic Brain Injury (TBI).** Traumatic Brain Injury is one of the most severe injuries in personal injury cases and, therefore, one of the most valuable. Yet, a lot of physicians overlook this diagnosis, especially in emergency rooms. This is where it becomes a priority to use the first intake in PI cases to determine whether our client experiences neurological symptoms. If the intake is positive on neurological complaints, or if the property damage or mechanism of injury suggests that the client may have suffered a head injury, we need to get the client evaluated by a neurologist as soon as possible. This can be achieved by having our client refer said symptoms to the current treating physician, who will then recommend a formal neurological evaluation. 5. **If the client obtains a TBI diagnosis, ensure that the medical records categorize it as a TBI [WITH loss of consciousness].** Traumatic Brain Injury can be classified as mild, moderate, or severe according to the injury characteristics. In medical practice, it becomes almost impossible to verify if a patient who sustained a head injury had lost consciousness during the event. This is due to the fact that some people who have lost consciousness cannot even remember what they had. Despite the evidence the patient or the property damage may provide, some physicians are reluctant to acknowledge the possibility that the patient may have lost consciousness. A TBI with [NO] LOSS of consciousness classification will diminish the value of the case since it will be classified as a mild TBI, even though the medical treatment of a moderate and mild traumatic brain injury will be the same. 6. **Get any client with moderate TBI diagnosis a CNS recommendation and treatment**. The Centre for Neuro Skills (CNS) specializes in brain injury rehabilitation. Cognitive rehabilitation therapy is the only treatment currently available for brain injury patients. This facility offers a range of therapies for brain injury, including cognitive therapy, neurobehavior therapy, education therapy, occupational therapy, speech and language therapy, vestibular therapy, physical therapy, and counseling. This facility offers in-patient treatment for clients who need continuous care and allows them to stay in the facility. This program is recognized as an experienced facility for providing brain injury rehabilitation. A CNS recommendation will increase the value of the case, since most of the recommended treatment plans have a duration of several weeks or months, depending on the client's injury. 7. **Get the client on disability.** Most of the cases that reach the litigation stage are big cases with big injuries. Some clients have sustained injuries so severe that their life dynamic is forever changed. This means that they may no longer be able to perform daily life activities without assistance or may no longer be able to work and provide for their family. Getting a client on disability can provide him/her with crucial financial support while he/she is unable to work as a result of the injury. Disability benefits can help cover living expenses, medical bills, and other costs. Additionally, getting a client on disability can increase the value of the case by demonstrating the severity of the injury and the extent to which the injury has impacted the client's ability to work and earn a living, and consequently will help us justify a claim for loss of future earning capacity. **INTERNAL LITIGATION WORKFLOW** **THE LITIGATION PROCESS** **STEP ONE** **"FILING THE LAWSUIT"** Generally, we need to draft three (3) forms to file the case correctly: 1. **Pleading Complaint**  2. **Summons (SUM-100)** 3. **Civil Cover Sheet (CM-010)** [JURISDICTION ] In general, we can file the complaint in any [Unlimited Civil (Personal Injury) courthouse] located in either the county where the injury happened or in the county where the defendant lives. Once all the drafts of the three (3) forms have been approved by the peer review team, we file the complaint via JournalTech (for LA county) or One Legal (for all other counties). After filing the complaint, we need to wait for the conformed copies. Waiting time depends on the county. Once receipt, we are going to receive the following: 1. Conformed copies of the complaint, summons, and civil cover sheet   2. Notice of case assignment 3. Notice of E filing confirmation  4. Receipt of the filing **IMPORTANT:** Once we have received all these documents, we MUST: 1. Save them on Dropbox. 2. Add the receipt of the filing in the Filevine expenses tab.  3. Inform the team member in charge of the calendar to add the events relative to the case (Trial Date, Case Management Conference, Final Statues Conference, Order to Show Cause, Dismissal).[^2^](#fn2){#fnref2.footnote-ref} **STEP TWO** **"SERVING THE CASE"** Once the case has been filed and we have decided to litigate in-house, we start the process of serving the case through All City Legal & Messenger Services, LLC. To start the process, we need to email Jen from All City the following: 1. The address(es) of the defendant(s) 2. Conformed Complaint 3. Conformed Summons 4. Conformed Civil Cover Sheet 5. Statement of Damages [Timeline for serving a case.] The duration required to serve a case primarily hinges on the ease of locating the defendant, with the following general timelines: - [Easily Locatable Defendant:] If the defendant is readily locatable, service is typically accomplished within 1 to 2 weeks. - [Difficult-to-Locate Defendant:] In instances where the defendant is challenging to locate, the process can extend to 2 months or longer, aligning with the provisions for substitute service under CCP § 415.20. - [Defendant with Legal Counsel]: When the defendant has counsel, we might contact them to see if they can accept service on the defendant's behalf, in line with CCP § 416.90. [Post-Service Procedures and Deadlines] After receiving the Proof of Service from Jen, we scheduled the deadline for the defendant to respond to the complaint and the deadline for the plaintiff to declare the defendant in default if no response is filed. - [Defendant's Response TimeLine]: The defendant has [thirty (30) days] to file a response or a demurrer. - [Default Judgment Considerations][^4^](#fn4){#fnref4.footnote-ref}[:] In the absence of a response, we consider declaring the defendant in default following the 30-day period (CCP 585). [DEFAULT ] Default is when a defendant misses the deadline for filing an answer, demurrer, or other response to a complaint. The default procedure is initiated when the defendant fails to respond to a properly served summons and complaint. When this occurs, the defendant is \"in default,\" and the plaintiff can initiate the process of obtaining an entry of default against the defendant. \[CRC 3.1800\]. We must file the following: - **Request for Entry of Default** (CIV-100). The request cuts off the defendant's ability to file a response to the lawsuit. Doing this step alone is useful if we want to prevent the defendant from filing a response while we are not yet ready to provide the court with all the required information and documentation to enter a judgment. - **Request for Entry of Court Judgment.** May be filed at the same time as your Request for Entry of Default. With this step, we are asking the court to enter a judgment in our favor. This request includes a declaration that details the evidence we have for why a judgment should be awarded to us. Within [45 days] following the entry of default, the plaintiff must obtain a default judgment against the defendant. [DEMURRER \[CCP § 430.41\]] A demurrer is used to inform the court that the allegations in the complaint do not provide legal grounds for the defendant to be sued. A demurrer challenges only the legal sufficiency of the allegations, not their veracity or the ability of the plaintiff to prove them. In the demurrer, the defendant must specify the reasons why the complaint is legally deficient. The defendant can object either to a section or to the entirety of the complaint based on various grounds: - The complaint fails to state a cause of action. - The complaint is uncertain or unclear. - Another case is pending between the parties for the same cause of action. - The plaintiff does not have the legal capacity to sue. If the Demurrer is overruled, the defendant must file an answer to the original complaint within [10 days]. If the Demurrer is sustained with leave to amend the complaint, the plaintiff can correct the errors in the complaint and then serve the defendant with an amended complaint. The case will proceed after service. If the Demurrer is sustained without leave to amend the complaint, the case is dismissed. [CROSS-COMPLAINT ] After a complaint has been filed against a defendant for damages or other orders of the court, the defendant may file a written complaint against the party suing it/him/her or against a third party if the subject matter is related to the original complaint. The defendant\'s filing of a complaint is called a Cross-complaint; the defendant is then called a cross-complainant, while the party it/he/she sues is called a cross-defendant. Response to a Cross-complaint: If a defendant files and serves a cross-complaint on the plaintiff, the plaintiff has [30 days] to file a response, which may be in several forms, including a motion to strike, a demurrer, or an answer. [MOTION TO STRIKE] With a Motion to Strike, the defendant asks the court to eliminate specific parts of a pleading, including certain phrases or individual words. A Motion to Strike is like a Demurrer. However, the two pleadings challenge different types of defects: a. A [Demurrer] is used to challenge the legal sufficiency or clarity of the claims. It can only be used to challenge entire causes of action. b. A [Motion to Strike] is used to challenge improper or irrelevant information, or complaints not made in conformity with laws, rules, or court orders. It can also be used to challenge portions of a cause of action. If the Motion to Strike is sustained with leave to amend the complaint, the Plaintiff can file and serve an Amended Complaint, and then the case will proceed. If the Motion to Strike is denied, the defendant may file an answer. If the plaintiff serves the defendant properly and the defendant does not answer, demur, or move to strike, the plaintiff must file a Request for Entry of Default within [10 days] of the expiration of the time for service. **STEP THREE** **"DISCOVERY STAGE"** Discovery is the pre-trial process of acquiring information. [Ten (10) days] after the complaint is served, the plaintiff may start the discovery process. The defendant, on the other hand, may send discovery any time after the lawsuit is served. \[CCP § 2030.020\]. A. **[WRITTEN DISCOVERY REQUESTS]** 1. **Special Interrogatories:** One party sends written questions that the other party must answer under penalty of perjury.  2. **Form Interrogatories:** A list of questions contained on a court form. By ticking the appropriate checkboxes on the form, we indicate which questions we want the other side to answer. 3. **Requests for Admission:** Requests for the other party to admit or deny the veracity of matters regarding the incident. If the other party does not respond to a particular request for admission, it is deemed admitted. 4. **Requests for Production:** These permit one party to view and copy documents in the other party\'s possession. [DISCOVERY RESPONSES ] If a party has been served with written discovery requests⁠---⁠like interrogatories, requests for production, or requests for admissions⁠---⁠their responses are due within 30 days from the date of service. Responses must be served on all other parties who have appeared in the action unless the court relieves them of this duty[^5^](#fn5){#fnref5.footnote-ref}. ------------------------------------------------------------------- -------------------- **EXAMPLE** Discovery was served via electronic service on September 11, 2023 September 11, 2023 Deadline to respond (30 Days + 2 CRT Days for Electronic Service) October 13, 2023 ------------------------------------------------------------------- -------------------- [MEET & CONFER (M&C LETTER)] The \"Meet and Confer\" requirement is a mandatory step before filing any Motion to Compel. It involves parties discussing and attempting to resolve discovery disputes informally. (CCP Section 2016.040) Though CCP does not set a specific deadline for the \"Meet and Confer\" process, it\'s prudent to initiate this discussion well before the Motion to Compel deadline. We recommend conducting the \"Meet and Confer\" discussion at least four weeks before the Motion to Compel deadline. This timing allows for any supplemental responses to be received and considered before filing a motion. [MOTION TO COMPEL] A Motion to Compel must be filed within 45 days from the service of the original responses or any supplemental responses to written discovery requests. This motion is appropriate [when any party does not respond] to form interrogatories, special interrogatories, requests for admission, or requests for production, we may file a motion seeking an order compelling them to respond. The 45-day deadline is stipulated under CCP Section 2031.310 (for inspection demands), Section 2030.300 (for interrogatories), and Section 2033.290 (for requests for admissions). [MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES] [This motion is appropriate when any party\'s responses are insufficient] and want the court to order the responding party to provide additional responses, we draft and file a motion to compel additional responses. For each discovery response we wish to compel, we MUST file a separate motion. The party filing the motion is responsible for setting the hearing date.  \[CCP 2024.020\]. [THE INTERNAL PROCESS TO HANDLE DISCOVERY RESPONSES ] [GENERAL RULES FOR MOTIONS][^6^](#fn6){#fnref6.footnote-ref} When preparing to file a motion in California courts, it is essential to adhere to both the general rules of motion practice and the specific procedures of the court where your case is being heard. Different courts, such as Los Angeles County, Sacramento County, Kern County, etc., may have unique requirements or local rules. The following are the general steps and considerations: [Hearing Date Assignment:] Before filing or serving your motion, obtain a hearing date from the court. This step ensures that your motion will be considered promptly and facilitates proper scheduling.[^7^](#fn7){#fnref7.footnote-ref} [Ensure that your motion includes the following key elements:] - Notice of Motion: Clearly states the relief sought and the grounds for the motion. - Memorandum of Points and Authorities: Provide the legal arguments and citations supporting your motion. - Supporting Declarations: Includes any relevant declarations or affidavits that provide factual support. - Proof of Service: Demonstrates that all parties involved in the case have been properly served with the motion documents. [Notice Requirement:] - Properly serve a copy of the motion to all opposing parties. According to the California Code of Civil Procedure (CCP), this must be done at least 16 court days before the hearing date (CCP § 1005). - If service is by mail within California, add 5 calendar days to the notice period; if service is outside California but within the U.S., add 10 calendar days; if service is by fax, express mail, or other means of overnight delivery, add 2 court days (CCP § 1013). ------------------------------------------------------------------------------------------- -------------------- **EXAMPLE -- ELECTRONIC SERVICE**[^8^](#fn8){#fnref8.footnote-ref} Hearing on motion September 11, 2023 Deadline to file and serve the motion (16 + 2 CRT days for Electronic Service) August 15, 2023 Deadline to file opposition (9 court days before hearing on motion) August 28, 2023 Deadline to file a reply in support of the motion (5 court days before hearing on motion) September 1, 2023 ------------------------------------------------------------------------------------------- -------------------- In LA County, an Informal Discovery Conference is required [before any motion hearing]. However, some courts may proceed directly to the motion hearing without this requirement. If an Informal Discovery Conference is required: - IDC hearing must occur before any hearing on a motion to compel further discovery responses. - An IDC FORM must be filed and served at least [15 court days] before the IDC hearing. [[(LASC CIV 239)]](https://www.lacourt.org/forms/pdf/laciv239.pdf) - The opposing party must file a responsive [10 court days] before the IDC hearing. B. **[SUBPOENAS]** A subpoena is a formal legal document that commands an individual or entity to either testify as a witness at a designated time and place---such as during a deposition, trial, or hearing---or to produce documents or other tangible evidence in a legal proceeding.  - **Subpoena for Personal Medical Records**: A subpoena for personal records, particularly medical records, requires a healthcare provider to produce a patient\'s medical records. According to CCP § 1985.3(d), the patient, or \"consumer,\" must receive notice of the subpoena at least 15 days before the date of production, though in practice a 20-day notice is common to ensure proper time for objections. CCP § 1985.3(b)(3) further stipulates that the healthcare provider, as the custodian of records, should not be served with the subpoena until at least 5 days after the consumer has been served. This allows the consumer adequate time to potentially object to the release of their records. - **Subpoena for Employment Records:** This subpoena directs an employer to produce records related to an employee, such as payroll, personnel files, or other employment-related documents. Per CCP § 1985.6(b)(2) & (3), the employee must be notified about the subpoena at least 10 days before the production date, with an actual recommended notice of 20 days. The employer, or custodian of records, must be served 15 days before the production date, ensuring that the employee has had sufficient time to receive the notice first and respond or object as necessary. - **Deposition Subpoena:** A deposition subpoena is a court order that requires a witness, who is not a party to the legal action, to appear and testify at a deposition. It may also require the witness to produce documents, records, or other tangible evidence at the deposition. The witness must be given reasonable notice, which is generally interpreted under CCP as at least 10 days. This type of subpoena is governed by CCP § 2020.410, which outlines the procedure for compelling non-party depositions and the production of business records. Whenever subpoenas are issued, it is standard practice for the issuing party to provide copies to all other relevant parties, such as facilities or legal representatives involved in the case. This ensures transparency and that all parties are aware of the evidence being gathered. [Objecting to Subpoenas -- Meet and Confer Letter] Under California law, parties and third parties have specific rights and procedures available to object to subpoenas. These objections are a critical part of safeguarding the interests and rights of individuals and entities from whom information is sought. Here\'s an overview of the objection process: - The objecting party must serve written objections to the subpoena or initiate a Motion to Quash at least 7 days before the deadline for production, as outlined in CCP § 1987.1. - The \"Meet and Confer\" requirement, as per CCP § 1985.3(f) for personal records and CCP § 1985.6(e) for employment records, necessitates that parties engage in a good faith dialogue to resolve objections before resorting to court intervention. When objecting to a subpoena, each request that is contested must be addressed individually. The objections should: - Identify each request being objected to. - Articulate the specific grounds for objection to each request. - Be served on the party issuing the subpoena and, if applicable, the deponent or custodian of records. [Common Grounds for Objection] - [Undue Burden or Expense:] The subpoena places an unreasonable burden on the party or incurs significant expense, which is not justified by the needs of the case. - [Irrelevant Information:] The documents or testimony sought contain information that is not relevant to the subject matter of the litigation or is not reasonably calculated to lead to the discovery of admissible evidence. - [Vagueness or Ambiguity:] The requests within the subpoena are not specific enough, making it unclear what documents or information are being sought. - [Protected Information:] The subpoena seeks disclosure of protected information, such as trade secrets, or information covered by attorney-client privilege, privacy rights, or other statutory confidentiality protections. ------------------------------------------------------------------------------- -------------------- **EXAMPLE OF SUBPOENAS DEADLINES** Date of production (The date contained in the subpoena) September 11, 2023 Last Day to file Motion To Quash (5 days before the date of production) September 6, 2023 LD to serve Meet and Confer Letter (7 days before filing the Motion to Quash) October 30, 2023. ------------------------------------------------------------------------------- -------------------- [THE INTERNAL PROCESS TO HANDLE SUBPOENAS] [^9^](#fn9){#fnref9.footnote-ref} C. **[DEPOSITIONS]** The only discovery method permitted by California Law that allows us to obtain testimony, documents, electronically stored information, and other evidence from a non-party individual or entity. \[CCP § 2025.220\] \[CCP 2025.270\]. [Conducting a Deposition:] - Court Reporter: A deposition is conducted in the presence of a qualified court reporter who records the proceedings, ensuring an accurate legal transcript of the testimony. - Participation Rights: All parties to the lawsuit have the right to attend the deposition, ask questions, and observe the testimony being given. - Deposition Transcript: Following the conclusion of the deposition, any party may obtain a transcript of the recorded testimony, which serves as an official record of the proceedings. [Scheduling Considerations][^10^](#fn10){#fnref10.footnote-ref}: - Notice of Deposition: Before drafting and serving a Notice of Deposition, it is critical to confirm the availability of all attending attorneys to avoid scheduling conflicts. - Coordination with Defense Counsel (DC): Liaise with defense counsel to agree on mutually acceptable dates, minimizing the potential for objections based on schedule. [Understanding the Right to Object] - During a deposition, parties have the right to object to questions posed to the deponent. The process and grounds for these objections are governed by California law, which guides how and when to assert them effectively. [Grounds for Objection] - Relevance: Objecting on the basis that the question seeks information that is not relevant to the subject matter of the litigation or does not appear reasonably calculated to lead to the discovery of admissible evidence. - Privilege: Asserting privilege to prevent the disclosure of confidential communications protected by law, such as those between attorney and client. - Form: Objecting to the form of the question if it is leading, compound, argumentative, or vague. - Harassment: Raising objections if the line of questioning is intended to harass or embarrass the deponent or is unduly repetitive. ------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------- **DEPOSITION DEADLINES** Notice of Deposition \[CCP 2025.210\] 10 days prior to the date of the deposition Objection to Notice of Deposition \[CCP 2025.401(a)\] 3 days prior to the date of the deposition For non-party witnesses: A subpoena must be issued at least 20 days before the deposition.  \[CCP 2025.270\]. (+5 days if the notice is mailed -- CCP 1013) ------------------------------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------- [THE INTERNAL PROCESS TO COORDINATE DEPOSITIONS ] D. **[DEMAND FOR PHYSICAL EXAMINATIONS(DME)]** Per California\'s civil procedural requirements, the process for demanding and scheduling a physical examination is governed by precise timelines to protect the rights of all parties involved: [Scheduling of Physical Examination] Once a demand for a physical examination is served, the examination itself must be set for a date that is at least 30 days after the service of the demand. This 30-day period ensures that the examinee has adequate notice and can make any necessary arrangements, consistent with the principles of due process. The DME notice "shall specify the time, place, manner, conditions, scope, and nature of the examination...." (Code Civ. Proc., § 2032.220, subd. (c). (emphasis added).) "The word 'specify' means to speak of fully or in detail," and requires the demanding party to "describe in detail who will conduct the examination, where and when it will be conducted, the conditions, scope and nature of the examination, and the diagnostic tests and procedures to be employed. The way to describe these 'diagnostic tests and procedures' --- fully and in detail --- is to list them by name...\[and\] with specificity...." (Carpenter v. Superior Court (2006) 141 Cal.App.4th 249, 260 (emphasis in original).)[^11^](#fn11){#fnref11.footnote-ref} [Response to Demand] - The party upon whom the demand for a physical examination is served---typically the plaintiff in a personal injury case---has a 20-day window to respond by the date of service. - The response should indicate whether the plaintiff agrees to comply with the demand as issued, consents with certain modifications, or refuses to comply with the demand. - Under California law, specifically CCP § 2032.230, a failure to respond within these 20 days constitutes a waiver of any objections to the demand. This waiver mechanism serves to expedite the discovery process and prevent undue delays in the litigation. [Consequences of Non-Compliance] - If the plaintiff does not respond within the stipulated time frame and subsequently raises an objection at a later stage, such objections are typically not entertained by the court due to the waiver. - It is incumbent upon the plaintiff to observe this deadline diligently to preserve their right to object and to negotiate the terms of the physical examination. [THE INTERNAL PROCESS TO HANDLE DEMANDS FOR PHYSICAL EXAMINATIONS (DME) ] **STEP FOUR** **"MOTION FOR SUMMARY JUDGMENT"** After discovery is complete, one or both parties may make a motion for summary judgment. This is a motion that asks the judge to determine whether either party is entitled to win as a matter of law.  **Motions for Summary Judgment:** Notice is [75 days] before hearing (+10 if outside CA, +20 if outside US). \[CCP 437c(a)\].  Opposition is [14 days] before the hearing. \[CCP 437c(b)(2)\].  The reply is [5 days] before the hearing.  \[CCP 437c(b)(3)\]. The motion must be heard [30 days] before the trial date.  \[CCP 437c(a)\]. **Noticed Motion:** Must be filed and served [16 court days] before the hearing date (+5 more calendar days if served by mail, +2 more if served by fax, express mail, or overnight delivery). \[CCP  1005\]. Note: CCP 1013 does not apply. **Opposition to Noticed Motion**: Must be filed and served [9 court days] before hearing.  \[CCP  1005\]. **Reply to Noticed Motion:** Must be filed and served [5 court days] before hearing.  \[CCP  1005\]. **Ex Parte Motion**: The opposing party must be notified by 10:00 a.m. the day before the hearing, absent "exceptional circumstances.  \[CRC 3.1203\]. A party may use an Ex Parte Application to request a court order without providing the opposing party with the customary notice or the opportunity to file an opposition. All ex parte applications must be filed by 10:00 a.m. on the court day preceding the ex parte appearance. Most noticed motions require the inclusion of: a. Notice of Motion b. Memorandum of Points and Authorities c. Declaration d. Proof of Personal Service, or Certificate of Service by Mail Based on the judge\'s ruling on the motion, the court will enter a minute order. If our motion is granted, we MUST present the judge with an order that reflects his/her ruling. **STEP FIVE** **"SETTLEMENT"** In California, the pursuit of settlement is a pivotal phase in the litigation process, often serving as a preferred alternative to the uncertainties and expenses of a trial. This stage involves various methods of Alternative Dispute Resolution (ADR), with mediation being a prominent choice. **[MEDIATION]** Mediation is a form of alternative dispute resolution (ADR) that is frequently used in California to resolve disputes before they reach trial. It involves a neutral third party, known as a mediator, who assists the disputing parties in negotiating a settlement. The primary objective of mediation is to facilitate a mutually acceptable resolution, thereby avoiding the need for a trial. This process is governed by the California Evidence Code, sections 1115-1128, which provides confidentiality protections for communications during mediation. [Process and Benefits:] - Voluntary Participation: While courts can recommend mediation, participation is typically voluntary (California Rules of Court, Rule 3.223). Parties retain control over the outcome, as opposed to a judge or jury deciding the case. - Selection of Mediator: Parties can choose a mediator with specific expertise relevant to their dispute. This is particularly beneficial in complex cases. - Confidentiality: Under California Evidence Code section 1119, communications, negotiations, and settlement offers during a mediation session are confidential and cannot be disclosed in court, encouraging open dialogue. - Cost-Effective: Mediation can be more cost-effective and quicker than a trial, saving parties time and resources. - Preservation of Relationships: Mediation is less adversarial than court proceedings, which can be crucial in disputes where parties have ongoing relationships, such as in business or family matters. **It is essential to note that a case can be settled at various stages**[^12^](#fn12){#fnref12.footnote-ref}**.** - [Pre-Litigation Settlement:] Settlement can occur before serving the case and initiating active litigation. - [Settlement During Litigation]: Settlement can occur in the active litigation process. - [Post-Mediation Settlement]: Settlement may also culminate successfully after mediation sessions. In any event, once a case settles, specific procedural steps must be followed. - We are required to file a Notice of Settlement, followed by a Request for Dismissal. - The Notice of Settlement, typically filed using form CM-200 in California courts, should be submitted as soon as we have confirmation of signed Release Forms. - The Request for Dismissal is filed after ensuring that the settlement checks have been cleared in the office bank account. The Pre-Litigation Team is responsible for informing us about the status of these documents and financial transactions. [^14^](#fn14){#fnref14.footnote-ref} **STEP SIX** **"TRIAL"** A trial\'s purpose is to determine which party presents the more plausible facts of the matter. The trial can be conducted before either a jury or a judge (a bench trial). The plaintiff carries the burden of proof, which typically requires a preponderance of evidence (i.e., the evidence is more likely to be true than not). The plaintiff presents his/her case first, followed by the defendant\'s defense argument. During the trial, the plaintiff bears the burden of proof, a responsibility detailed in the California Evidence Code Sections 500-550. These sections elucidate the standards for evidence and the requirement for the plaintiff to prove their case by a preponderance of evidence. This means that the evidence presented by the plaintiff must be more likely true than not. The trial process typically begins with the plaintiff presenting their case, followed by the defendant\'s defense argument. After both parties have had the opportunity to present their arguments and evidence, the judge or jury enters the deliberation phase. The outcome of this deliberation is a verdict that hinges on the evidence and arguments presented. If the verdict finds the defendant not liable, the case concludes at this point. However, if the defendant is found liable, the next step involves the determination of damages. The judge or jury is tasked with assessing the monetary worth of these damages, a process underpinned by the California Civil Code Section 3281[^15^](#fn15){#fnref15.footnote-ref}. In summary, the trial phase in California is a structured process guided by specific legal provisions that ensure fairness and clarity in the presentation of evidence, the burden of proof, and the determination of damages. **STEP SEVEN** **"POST-TRIAL"** The post-trial phase commences once a judgment has been issued in a trial. This phase encompasses several potential actions and responsibilities: [Appeals and Post-Trial Motions:] - Either party has the option to file an appeal against the judgment. This is governed by the California Code of Civil Procedure Section 904.1, which outlines the types of orders and judgments that can be appealed. - Parties may also file post-trial motions to vacate (set aside) or amend the judgment. These motions are subject to specific rules and timelines as outlined in the California Code of Civil Procedure. [Judgment Collection:] - The responsibility of collecting the judgment typically falls on the plaintiff. This process involves ensuring that the defendant pays the awarded amount. - In cases where the defendant does not voluntarily pay, the plaintiff may need to take additional steps to collect the judgment. This could include conducting a debtor's examination, as per the California Code of Civil Procedure Sections 708.110-708.205.[^16^](#fn16){#fnref16.footnote-ref} [Debtor's Examination:] - If the defendant does not readily disclose assets or fails to pay the judgment, the plaintiff can request a court order for a debtor's examination. This examination is a tool to discover any undisclosed assets of the defendant that can be used to satisfy the judgment. [Enforcement of Judgment:] - The plaintiff may need to take further legal steps to enforce the judgment if the defendant fails to comply. This can include garnishing wages, placing liens on property, or seizing assets. [Stay of Enforcement:] - If an appeal is filed, the enforcement of the judgment may be stayed (temporarily halted). The California Code of Civil Procedure Section 917.1 discusses the conditions under which a stay of enforcement is granted pending an appeal. **GOVERNMENT CLAIMS** **\ ***Legal Basis: CA Torts Claims Act (Government Code 810-996.6)* *\ ***GENERAL RULE:** A Government entity cannot be sued **EXCEPTION:** A written claim has been filed within the prescribed period. Failure to give proper notice of a claim can be a complete defense to it later being brought up in court. **PRESCRIPTION PERIOD** **6 MONTHS** \- Personal Injury \- Damage to Property \- Wrongful Death \- Damage to Real Property \- Equitable Estoppel **PERMISSION TO FILE A LATE CLAIM** 1. The claimant\'s minority during the entire 6-month or 12-month period 2. Physical or mental incapacity of the claimant 3. Death of claimant **PROCEDURE IN FILING A GOVERNMENT CLAIM** ***Against Local Government Entities and Employees*** **In case there is no form available,** the claim shall state the following information: 1\. The name and post office address of the claimant 2\. The post office address to which the person presenting the claim desires notices\ to be sent. 3\. The date, place and other circumstances of the occurrence or transaction which\ gave rise to the claim asserted. 4\. A general description of the indebtedness, obligation, injury, damage or loss\ incurred so far as it may be known at the time of presentation of the claim. 5\. The name or names of the public employee or employees causing the injury,\ damage, or loss, if known. 6\. The amount claimed if it totals less than ten thousand dollars (\$10,000) as of the\ date of presentation of the claim, including the estimated amount of any\ prospective injury, damage, or loss, insofar as it may be known at the time of the\ presentation of the claim, together with the basis of computation of the amount\ claimed. If the amount claimed exceeds ten thousand dollars (\$10,000), no dollar\ amount shall be included in the claim. However, it shall indicate whether the\ claim would be a limited civil case. **Form for claims against the State of California:** https://www.dgs.ca.gov/ORIM/Services/Page-Content/Office-of-Risk-and-Insurance-Management-Services-List-Folder/File-a-Government-Claim **Form for claims against the Sacramento County:** http://www.personnel.saccounty.net/Documents/FilingaClaim.pdf **Form for claims against the San Diego County:** https://www.sandiegocounty.gov/CountyCounsel/docs/claim-against-the-county-form.pdf **Form for claims against the City of San Diego:** https://www.sandiego.gov/sites/default/files/claim\_0.pdf ***Limited Claims*** If your claim exceeds \$10,000, you may not be required to indicate the amount\ you seek in your claim, but you are required to indicate whether the claim is a "limited\ civil case." A civil case is a "limited civil case" if the plaintiff is seeking less than \$25,000,\ not including costs and reasonable attorney fees, and the plaintiff is not asking for any of\ the following: 3\. Enforcement of any order under the Family Code; or **AFTER FILING A CLAIM** Once your claim is filed, the public agency generally has **45 days** in which to respond or\ take action. This time is extended somewhat depending on if the claim is mailed and from where\ the claim is mailed. **5 possible outcomes after a claim is filed**: 1. The entity fails to respond within the appropriate time period. This means that\ the claim is deemed rejected. **REJECTION OF CLAIM** Once the claim is rejected by the Government, filing the suit is the next step. The\ The governmental agency has two options for rejection. They can either send a rejection notice letter\ or do nothing. If they choose to not send any letter or a letter that is not in compliance with the Government\ Code § 913, the statute of limitations for filing a suit is **two years.** **\ **If they send a proper rejection letter, the Statute of Limitations for filing a suit is **six months.\ **A proper rejection letter will contain information providing notice of the applicable statute\ of limitations, thus the reasoning why a lack of notice extends the Statute of Limitations. **GRANTING OF PETITION** **\ **If the court grants the petition to proceed without the claim requirement, the claimant must\ file his or her lawsuit within **30 days.** Failure to file suit within this time period can result in the\ inability to ever file the suit again. **PROCEDURAL STEPS FOR A 6-MONTH CLAIM** 2\. The Government entity may issue a "Notice of Insufficiency", and allow you to amend\ your claim **NOTE:** The procedural claims for 1-year claims are technically the same, except that the late claim relief is unavailable. **PREMISES LIABILITY, elements:** 1\. The property was in a dangerous condition at the time of the injury; 2\. The dangerous condition was the proximate cause of the injury; To establish notice, the dangerous condition may have existed for a period of time, and was obvious enough that the government entity should have discovered the condition and its dangerous character. ::: {.section.footnotes} ------------------------------------------------------------------------ 1. ::: {#fn1} Whether the case is of high value or must be filed simply to preserve the statute of limitation, [the proper step is to transfer the case to the Litigation Department] so that the department can start the litigation process, i.e., by filing a claim.[↩](#fnref1){.footnote-back} ::: 2. ::: {#fn2} If there are changes on any hearing date, these changes must be immediately informed and reflected in the Litigation Calendar[↩](#fnref2){.footnote-back} ::: 3. ::: {#fn3} Example of an email sent.[↩](#fnref3){.footnote-back} ::: 4. ::: {#fn4} The decision to pursue a default judgment is based on the elapsed response period and the lack of action from the defendant.[↩](#fnref4){.footnote-back} ::: 5. ::: {#fn5} It is common for parties to stipulate among themselves to extend the times for responses.[↩](#fnref5){.footnote-back} ::: 6. ::: {#fn6} Familiarize yourself with and follow any additional requirements specified by the local rules of the court where your case is being heard. These local rules may dictate specific formatting, filing methods, or additional procedural steps.[↩](#fnref6){.footnote-back} ::: 7. ::: {#fn7} The person in charge of the calendar will be helping with this.[↩](#fnref7){.footnote-back} ::: 8. ::: {#fn8} CCP 1005(b)(c)[↩](#fnref8){.footnote-back} ::: 9. ::: {#fn9} If other attorneys or team members are available to assist primary and secondary on the case, they may handle the subpoena or other task.[↩](#fnref9){.footnote-back} ::: 10. ::: {#fn10} For remote depositions, Steno Company generates the virtual meeting link, distributes it to all participants, and provides a videographer and court reporter. Afterward, Steno ensures the deposition transcript is prepared and delivered to the involved parties.[↩](#fnref10){.footnote-back} ::: 11. ::: {#fn11} **ARTICLE ABOUT MEDICAL EXAMINATIONS: https://www.advocatemagazine.com/article/2019-october/the-defense-medical-examination**[↩](#fnref11){.footnote-back} ::: 12. ::: {#fn12} If a settlement is not reached during the active litigation or post-mediation and we have a trial date upcoming, we must consult with Justin to evaluate the potential for resolution at trial. If Justin agrees that trial is the best course, refer the case to a trial attorney.[↩](#fnref12){.footnote-back} ::: 13. ::: {#fn13} Example of release forms signed and notice of settlement.[↩](#fnref13){.footnote-back} ::: 14. ::: {#fn14} Example of Request for Dismissal[↩](#fnref14){.footnote-back} ::: 15. ::: {#fn15} This section specifically addresses the award of damages, particularly in cases where monetary compensation is sought.[↩](#fnref15){.footnote-back} ::: 16. ::: {#fn16} A debtor's examination is a legal procedure where the defendant is questioned under oath about their assets.[↩](#fnref16){.footnote-back} ::: :::