California Litigation Blog

California Litigation News & Practice Tips

Category Archives: Trial

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The Second Chair

Posted in Practice Tips, Trial
Happy New Year! In December, The Metropolitan Corporate Counsel published the article I co-wrote with my colleague Phu Nguyen discussing tips for second chairing trials. The article is entitled, The Second Chair.… Continue Reading

Spoliation as Evidence of Guilt

Posted in Discovery, Evidence, Trial
In determining what inferences to draw from the evidence against a party, the jury is permitted to consider a party’s willful suppression of evidence. Evid. Code Section 413. In Thor v. Boska (2nd Dist. 1974) 38 Cal.App.3d 558, a doctor, who was sued for malpractice, failed to produce his original charts. His explanation was that, after… Continue Reading

Ready Aim…Settle!

Posted in Settlement, Trial
Approximately ninety percent of all litigation cases settle prior to trial.  Here are 4 tips to help you get the best settlement for your case. Identify Your Opponent’s Motive. A successful settlement involves persuasion. Its easier to persuade your opponent when you know his or her motives. Why did the plaintiff sue? Why is the… Continue Reading

Videotape Depositions: Take One

Posted in Discovery, Trial
California law allows an adverse party to use a deposition of a party for any purpose during trial.  See, Code of Civ. Proc. Sec. 2025.620(b) (pdf.).  If you videotape your opponent’s deposition, this means that you can select and play deposition clips for the jury to watch during your: (1) opening statement; (2) turn to introduce… Continue Reading