Organization
Jeff Huron
27 published works
Authors
California Litigation Blog
California Supreme Court Upholds Multiple 998 Settlement Offers
By Jeff Huron
In a prior post, I discussed the disagreement among appellate courts concerning the effect of multiple settlement offers under Code of Civil Procedure Section 998. Yesterday, in Martinez v. Brownco…
California Litigation Blog
No Attorney’s Fee Provision? Use RFAs Instead.
By Jeff Huron
As a general matter, the prevailing party in a lawsuit is not entitled to recovery of his attorney’s fees unless there is a written contract that contains an attorney’s fees…
California Litigation Blog
The Pendergrass Rule Is Dead.
By Jeff Huron
This month the California Supreme Court overruled Bank of America v. Pendergrass (1935) 4 Cal.2d 258 (Pendergrass). Seventy-five years ago, the Pendergrass court held that the fraud exception to the…
California Litigation Blog
File A Separate Appeal From A Post-Judgment Order Awarding Attorney’s Fees
By Jeff Huron
Attorneys frequently do not file a separate notice of appeal to challenge a trial court’s post-judgment award of attorney’s fees and costs because they assume one notice of appeal from…
California Litigation Blog
One More Reason to Settle: Courts Split over Review of Orders Approving Good Faith Settlements
By Jeff Huron
In Oak Springs Villa Homeowners Association v. Advanced Truss Systems, Inc. (2012) 206 Cal.App.4th 1304 (Oak Springs), a Court of Appeal held that a trial court’s good faith settlement determination…
California Litigation Blog
A Plaintiff’s Right to Dismiss Is Not Absolute.
By Jeff Huron
A plaintiff has the right to voluntarily dismiss, with or without prejudice, all or any part of an action before the commencement of trial. Civ. Proc. § 581. A plaintiff…
California Litigation Blog
Avoid Waiving Your Opposition to Evidentiary Objections.
By Jeff Huron
Must a party oppose written evidentiary objections? The recent decision of Tarle v. Kaiser Foundation Health Plan, Inc., 2012 WL 2529207, though not officially published, answers this question. The Court…
California Litigation Blog
Does A Second Section 998 Settlement Offer Extinguish The First?
By Jeff Huron
The answer is both “yes” and “no,” because there is a clear split of authority between the California Court of Appeals. Code of Civil Procedure section 998 permits a party…
California Litigation Blog
A Judgment against A Trust Is Unenforceable
By Jeff Huron
The recent decision of Portico Management Group, LLC v. Harrison __ Cal.App.4th __ (2011) held that a trust is neither a person nor an entity. As such, a trust cannot…
California Litigation Blog
When A Court Grants an Injunction on the Merits No Undertaking Is Required
By Jeff Huron
The Court in Bardasian v. Superior Court 201 Cal.App.4th 1371 (2011) issued a peremptory writ and reversed an order dissolving an injunction because plaintiffs failed to post a bond. The case involved…