Articles

The vexatious litigant statute is easy to apply and extremely effective. It can end a lawsuit quickly without the need for expensive discovery and motion practice.

A responding party that unreasonably denies a request for admission must pay the costs, including attorney's fees, incurred by the requesting party in proving the denied matter. Attorneys usually deny matters that their clients should admit, rather than concede any ground in the litigation. This creates opportunity for the wise.

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 parol evidence rule could not be used to contradict any of a contract’s stated terms.

Filing a single notice of appeal is risky business because California Courts of Appeal disagree whether two separate notices of appeal are required.

California law is unsettled as to whether a writ petition pursuant to Code of Civil Procedure Section 877.6 is the sole means for challenging court orders determining good faith settlements.

The best practice for dealing with evidence exclusion is to make a convincing offer of proof during trial.

The answer is both “yes” and “no,” because there is a clear split of authority between the California Court of Appeals.

Although the formalities of copyright law have been drastically liberalized, copyright holders should be aware of the rights they risk losing when they fail to register their copyrights. To ensure that you do not lose valuable rights, register your copyright. It is easy to do and costs very little.

Lost profits are net gains made from sales, after deducting expenses. They are recoverable in California if there is sufficient evidence to show with reasonable certainty that, but for the defendant's conduct, the plaintiff would have earned such profits. However, the plaintiff does not have to prove the exact amount of its lost profits.

Did you know that the Commercial Arbitration Rules for the American Arbitration Association permit an arbitrator to award attorneys' fees if all parties have requested them?

Even though experts are paid witnesses, their testimony is invaluable in educating judges and juries. The right or wrong expert is often the difference between winning and losing.

With the economy worsening, what can you do to expedite collection of money owed to you? File a lawsuit and immediately apply for a right to attach order.

The Exploration of Alternative Media for creative expression has been one of the major artistic endeavors of the last century. From Kurt Schwitters’s cavernous apartment Merzbaus to Donald Judd’s manufactured industrial constructions to Nam June Paik’s vision of art through a television screen, artists have been expanding the definition of art and the context within which it can reside.

In California, a trade secret is economically valuable information not generally known to the public and that the owner makes reasonable efforts to keep secret.

Do you skip the boring boilerplate in contracts before signing them? If so, before you sign your next contract – stop and read the boilerplate! The boilerplate is important, as anyone who has ever had a contract dispute will tell you.

Firm News

Super Lawyers Magazine named Jeffrey Huron a Super Lawyer in business litigation for the fourth year in a row.

Jeff Huron is a faculty member at a seminar on Commercial Landlord-Tenant Law to be held on November 15, 2012. For more details please contact info@huronlaw.com.

HLG Associate Janis Ozaki has been named to the Southern California Rising Stars’ list as one of the top up-and-coming attorneys for 2012. Each year, no more than 2.5 percent of the lawyers in California receive this honor.

Mr. Huron's article on how to deal with the preclusion of evidence at trial and on appeal appears in the June issue of the Los Angeles Lawyer Magazine.

Huron law group successfully represented Ghanshyam Das Pokal as respondent in an appeal by Gretzel Hunt from a default judgment quieting title to commercial property in favor of Pokal and awarding him $684,038 in damages and $39,059 in attorneys’ fees and costs.

Two weeks before trial, Eyal R.D. Corp., a diamond jewelry company, retained HLG to try a federal copyright case against Jewelex New York Ltd., Inc. in the Southern District of New York.

A Los Angeles Superior Court granted summary judgment in favor of HLG’s client Marie Music Group, finding that the “recording contracts” exemption in the Talent Agency Act applies to contracts for mixing services.