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Business Entities

Advising California Employers and Employees

1 Attorney’s Role During Formation and Operation
2 Choice of Entity Considerations
3 Planning for, Obtaining, and Maintaining Tax-Exempt Status
4 Donor Funds, Private Foundations, and Supporting Organizations
5 Forming the Corporation and Beginning Operations
6 Articles of Incorporation
7 Bylaws
8 Sales and Use Taxes
9 Directors and Officers
10 Members and Other Interested Persons
11 Property Tax Exemption for Nonprofit Organizations
12 Required Tax Filings, Recordkeeping, Reporting, and Rights of Inspection
13 Nonprofit Operations
14 Regulation of Fundraising
14A Charitable Solicitation Permit and Licensing Information for California Cities and Counties
15 Charitable Giving
16 Management of Charitable Funds
17 Taxation of Investment and Business Activities of Tax-Exempt Corporations
18 Tax-Exempt Financing for Nonprofit Corporations
19 Legislative and Political Activities
20 Corporate Changes
21 Financial Accounting for Nonprofit Organizations
22 Suspension, Forfeiture, and Revocation of Tax-Exempt Status

Business Entities

Advising California Nonprofit Corporations

1 Attorney’s Role During Formation and Operation
2 Choice of Entity Considerations
3 Planning for, Obtaining, and Maintaining Tax-Exempt Status
4 Donor Funds, Private Foundations, and Supporting Organizations
5 Forming the Corporation and Beginning Operations
6 Articles of Incorporation
7 Bylaws
8 Sales and Use Taxes
9 Directors and Officers
10 Members and Other Interested Persons
11 Property Tax Exemption for Nonprofit Organizations
12 Required Tax Filings, Recordkeeping, Reporting, and Rights of Inspection
13 Nonprofit Operations
14 Regulation of Fundraising
14A Charitable Solicitation Permit and Licensing Information for California Cities and Counties
15 Charitable Giving
16 Management of Charitable Funds
17 Taxation of Investment and Business Activities of Tax-Exempt Corporations
18 Tax-Exempt Financing for Nonprofit Corporations
19 Legislative and Political Activities
20 Corporate Changes
21 Financial Accounting for Nonprofit Organizations
22 Suspension, Forfeiture, and Revocation of Tax-Exempt Status

Business Entities

Advising California Partnerships

1 Attorney’s Role
2 Choice of Entity and Collecting Client Information
3 Tax Considerations on Formation of and Contributions to Partnership
4 Partnership Name
5 Planning General Partnerships
6 General Partnership Agreements
7 Planning Limited Partnerships
8 Limited Partnership Agreements
9 Planning Limited Liability Partnerships
10 Limited Liability Partnership Agreements
11 Issuing Partnership Interests
12 Operating a Partnership
13 Taxation of Partnership Income
14 Taxation of Transfers and Terminations of Partnership Interests
15 Litigation
16 Dissociation and Transfer of Partnership Interests
17 Dissolving and Winding Up Partnership
18 Change of Entity

Business Entities

Counseling California Corporations

1 Operating Problems
2 Advising the Board
3 Avoiding Management Liability
4 Internal Investigations
5 Shareholders’ Rights and Liabilities
6 Derivative Suits and Securities Litigation
7 Amending the Articles and Changing the Capital Structure
8 Declaring and Paying Dividends and Other Distributions
9 Establishing a Corporate Compliance Program
10 Corporate Governance for Private Companies
11 Dissolving the Corporation

Business Entities

Financing and Protecting California Businesses

1 Seeking Capital: Sources and Strategy
2 The Business Plan
3 Agreements Among Founders
4 Structuring a Financing Transaction
5 Forms of Securities
5A Issuing Common Shares to Founders and Investors
6 Private Placements
6A Drafting a Private Placement Memorandum Under Regulation D
6B Equity Crowdfunding
7 Investor Agreements
8 Loan Financing
9 Letters of Credit
10 Equipment Leasing
11 Business Insurance
12 Intellectual Property Protection
13 Cybersecurity
14 Licenses, Permits, and Registrations
15 Tax and Accounting Elections
16 Tax Compliance
17 The Decision to Make a Public Offering
18 Preparing for a Public Offering
19 Accessing the Public Markets
19A Special Purpose Acquisition Companies (SPACs)
20 Registering a Public Offering
20A SEC Chart of Capital-Raising Exemptions
21 Securities Law Citations

Business Entities

Forming and Operating California Limited Liability Companies

1 Overview of California Limited Liability Companies
2 Establishing the Attorney-Client Relationship
3 Choosing the Appropriate Business Entity
3A Organizational Checklist for a Limited Liability Company
4 Tax Issues in Forming the Limited Liability Company
5 Taxation of LLC Operations
6 Nontax Factors in Structuring the Limited Liability Company
7 Filing Requirements for Forming a Limited Liability Company
7A Federal Reporting Obligations Under the Corporate Transparency Act
8 Preliminary Considerations in Drafting the Operating Agreement
9 Annotated Long-Form Operating Agreement
10 Annotated Short-Form and Single-Member Operating Agreements
11 Conversions and Mergers
12 Issuing and Transferring Membership Interests
13 Operating a Limited Liability Company
14 Operating a Foreign Limited Liability Company in California
15 Series LLCs
16 Liquidating and Dissolving Limited Liability Companies
17 Concordance Tables
18 Operating Agreement Forms Without Annotations

Business Entities

Organizing Corporations in California

1 Considerations Before Incorporation
1A Alter Ego and Adequate Capitalization
2 Formation
2A Conversions and Mergers
2B Federal Reporting Obligations Under the Corporate Transparency Act
3 Postincorporation Checklist
4 Offering, Selling, and Issuing Securities
5 Foreign Corporations in California
6 Professional Corporations
7 Close Corporations
8 Social Purpose Corporations and Benefit Corporations
9 Comparisons of California, Delaware, and Nevada Law

Business Entities

Selecting and Forming Business Entities

1 Attorney-Client Relationship
2 Evaluating Entity Choices
3 Selecting a Business Name
4 Choosing the State of Organization
5 General Partnerships
6 Limited Partnerships
7 Limited Liability Partnerships
7A Social Purpose and Benefit Corporations
8 S and C Corporations
9 Close Corporations
10 Professional Corporations
11 Limited Liability Companies
12 Converting Existing Entity to Limited Liability Company

Business Entities

Understanding Fiduciary Duties in Business Entities

1 Introduction to Fiduciary Relationships
2 Fiduciary Duties in General and Limited Partnerships
3 Fiduciary Duties in Limited Liability Companies
4 Fiduciary Duties in For-Profit Corporations
5 Fiduciary Duties in Nonprofit, Social Purpose, and Benefit Corporations
6 Fiduciary Duties in Family Businesses and Transactions
7 Fiduciary Duties of Individual Professionals
8 Litigation of Breach of Fiduciary Duty Claims
9 Indemnification
10 Overview of Directors’ and Officers’ Liability Insurance Policies

Business Entities

The California Municipal Law Handbook

1 Nature of Municipal Corporations
2 Open Government and Ethics
3 Elections
4 Personnel
5 Finance and Economic Development
6 Municipal Services and Utilities
7 Public Contracting
8 Public Property
9 Regulating Business and Personal Conduct
10 Land Use
11 Protecting the Environment
12 Code Enforcement
13 Liability and Litigation

Business Transactions

Business Buy-Sell Agreements

1 Preliminary Considerations
2 Estate Planning Considerations
3 Corporate Buy-Sell Agreements
4 Partnership and LLC Buy-Sell Agreements
5 Valuation of Interest
6 Life Insurance Funding
7 Review, Amendment, and Enforcement

Business Transactions

California Law of Contracts

1 Introduction to the California Law of Contracts
2 Contract Formation: Capacity to Contract
3 Contract Formation: Consent, Legality, Consideration
4 Contract Formation: Offer and Acceptance, Formalities, Electronic Contracting
5 Contract Interpretation, Modification, Waiver
6 Representations, Warranties, Covenants, Conditions, Indemnities
7 Assignment and Delegation, Third Party Beneficiaries, and Joint and Several Obligations
8 Performance or Breach of Contract
9 Selected Enforcement Issues
10 Remedies: Damages
11 Remedies: Injunctive and Declaratory Relief; Other Remedies
12 Remedies: Commercial Code
13 Selected International Issues

Business Transactions

California UCC Sales and Leases

1 Introduction and Key Principles
2 Formation of Sales Contracts: Express Terms
3 Warranties
4 Formation of Sales Contracts: Open or Indefinite Terms
5 Battle of the Forms
6 Modification, Rescission, and Waiver
7 Statute of Frauds and Parol Evidence Rule
8 Title and Identification
9 Seller’s Performance
10 Buyer’s Performance
11 Assignment of Rights and Delegation of Duties
12 Rights of Third Parties
13 Letters of Credit
14 Bulk Sales
15 Documents of Title
16 Breakdown of the Bargain
17 Prelitigation Remedies
18 Litigation Remedies
19 Leasing of Goods

Business Transactions

Drafting Business Contracts: Principles, Techniques, and Forms

1 Mechanics of Document Drafting
2 Drafting Principles: Strategy, Standards, and Ethics
3 Preliminary Considerations
4 Client Interview
5 Format of the Agreement: Appearance and Introductory Information
6 Duration of the Agreement
7 Factual Basis of the Agreement: Recitals, Representations, and Warranties
8 Consideration
9 Covenants
10 Conditions
11 Risk Allocation
12 Legal Opinions
13 Rights of Nonparties: Assignment, Delegation, and Third Party Beneficiaries
14 Defining Events of Default
15 Remedies
16 Dispute Resolution Procedures
17 General Provisions
18 Execution and Signatures
18A Electronic Contracting
19 Amendments and Modifications to Executory Contracts
20 Letters of Intent
21 Promissory Notes
22 Guaranties
23 Powers of Attorney
24 Drafting Intellectual Property Licenses

Business Transactions

Drafting Employment Documents for California Employers

1 Hiring Forms and Checklists
2 Immigration Issues in Hiring
3 Employment Contracts
4 Independent Contractors
5 Leased Employees
6 Disability Accommodation
7 Employee Defection and Trade Secrets Protection
8 Compensation and Equity Programs
9 Employee Handbooks; Posting and Training Requirements
10 Employee Evaluations and Discipline
11 Leaves of Absence and Termination

Business Transactions

Sales and Mergers of California Businesses

1 Preliminary Considerations
2 California Statutory Provisions
2A Directors’ Duties in Takeovers and Mergers
3 Tax Factors
4 Securities Law Factors
5 Antitrust Factors
6 Seller’s Liabilities and Financially Troubled Businesses
7 Major Factors Affecting a Choice of the Transaction (With Table)
7A Intellectual Property Issues in Merger and Acquisition Agreements
8 Letters of Intent
8A Indemnification Issues
9 Short Forms of Agreement
10 Stock Purchase and Sale Agreement
11 Asset Purchase and Sale Agreement
12 Merger Agreement

Business Transactions

Secured Transactions in California Commercial Law Practice

1 Statutes Governing Secured Transactions
2 The Security Agreement
3 Perfection
4 Priorities
5 Remedies
6 The Secured Creditor and Bankruptcy
7 Consumer Transactions
8 Agricultural Financing
9 Legal Opinions

Business Litigation

California Civil Procedure Before Trial

1 Accepting Cases and Implementing Office Procedures
2 Avoiding Conflicts of Interest
3 Representation Agreements
4 Changing Representation During Suit
5 Client Fee Dispute Arbitrations
6 California Jurisdiction
7 Federal Jurisdiction
8 Venue
9 Prelitigation Claims, Notices, and Petitions for Guardians Ad Litem
10 Fee Waiver
11 Pleadings and Court Papers
12 Noticed Motions
13 Ex Parte Motions and Orders to Show Cause
14 Ascertaining, Joining, and Naming Parties
15 Complaints
16 Amending Complaints
17 Service of Summons
18 Service of Papers
19 Motions to Quash
20 Motions to Change Venue
21 Motions to Stay or Dismiss for Inconvenient Forum
22 Removal to Federal Court
23 Demurrers
24 Motions to Strike
24A Anti-SLAPP Motions
25 Answers
26 Cross-Complaints
27 Motions for Judgment on the Pleadings
28 Interpleader
29 Security for Costs
30 Bill of Particulars
31 Intervention
32 Injunctions and Other Provisional Remedies
33 Receivership
34 Deposit in Court
35 Declaratory Relief
36 Summary Judgment
37 Judicial Arbitration
38 Default
39 Dismissal
40 Case Management Conferences
41 Jury Trial Demands
42 Trial Preference and Continuance Motions
43 Consolidation and Severance
44 Coordination
45 Alternative Dispute Resolution
46 Negotiation and Case Settlement
47 Offers to Allow Judgment (CCP §998)
48 Submitted Case and Consent Judgment
49 Sliding Scale and Structured Settlements
50 Good Faith Settlement

Business Litigation

California Civil Discovery Practice

1 The Right to Discovery and Its Scope
2 Creating a Discovery Plan
3 Evaluating Privileges, Work Product, and Other Protections
4 Conducting Discovery in a Digital World: Managing Electronically Stored Information
5 Deposition Procedures
6 Taking and Defending Oral Depositions
7 Interrogatories
8 Demands for Inspection or Production
9 Requests for Admission
10 Physical and Mental Examinations
11 Exchange of Expert Information
12 Depositions in Other States
13 Discovery in Other Nations
14 Discovery in Limited Civil Cases
15 Discovery Motion Practice and Sanctions
16 Writs and Appeals

Business Litigation

California Business Litigation

1 Prelitigation Considerations
2 Availability of Preliminary Relief
3 Unfair Competition
4 Trade Secrets
5 Antitrust
6 Trademarks
7 Copyrights
8 Patents
9 Intellectual Property and Unfair Competition on the Internet
10 Right of Publicity
11 Business-Related Torts
12 Bad Faith Insurance Claims
13 Unlawful Employment Practices

Business Litigation

Debt Collection Practice in California

1 Representing the Creditor
2 The Fair Debt Collection Practices Acts
2A The Consumer Financial Protection Bureau
2B The Telephone Consumer Protection Act
2C Privacy Laws Affecting Debtors and Debt Collection
3 Starting the Action
4 Representing the Debtor Before Judgment
4A Representing the Debtor After Entry of Money Judgment
5 Discovery in Debt Collection Actions
6 Prejudgment Remedies
7 Obtaining, Renewing, and Satisfying Judgment
8 The Debtor’s Property
9 Writ Enforcement; Exemptions; Homesteads
10 Wage Garnishment
11 Miscellaneous Remedies
12 Bankruptcy Considerations: Representing Debtors and Creditors in Bankruptcy
13 Debt Collection and Family Law
14 Dealing With a Deceased Debtor

Business Litigation

Privacy Compliance and Litigation in California

1 Challenges of Privacy Compliance and Litigation
2 Common Law and Constitutional Privacy Protection
3 Information Security and Security Breach
4 Internet and Electronic Privacy
5 Marketing and Sales Regulation
6 Financial Data Privacy
7 Health Information Privacy
8 Workplace Privacy
9 International Personal Data Protection and Cross-Border Data Transfers
10 Identity Theft
10A The California Consumer Privacy Act of 2018
11 Global Jurisdiction Over Privacy, Breach of Security, and Internet Activity Claims
12 Class Actions, Data Breach Litigation, and Privacy Concerns Before and During Trial

Business Litigation

Trade Secrets Practice in California

1 Overview of California Trade Secrets Law
2 Ownership of Trade Secrets
3 Idea Submissions
4 Strategies for Protecting a Company’s Trade Secrets
4A Trade Secret Audits and Protection Plans
5 Protecting Information Disclosed to Government Agencies
6 Form Protective Agreements and Provisions
7 Exploiting Trade Secrets by Licensing
8 Form Licensing Agreements and Provisions
9 Security Interests in Trade Secrets
10 Avoiding Misappropriation Claims
11 Litigation Issues
12 Remedies for Trade Secret Misappropriation
13 Criminal Liability for Trade Secret Misappropriation
14 Insurance Coverage for Misappropriation Claims
15 Taxation of Trade Secrets
16 Protecting Computer Technology
17 Protecting Biotechnology

Business Litigation

Internet Law and Practice in California

1 Copyright and the DMCA
2 Patents and Trade Secrets
3 Domain Names and Trademark Issues
4 Human Resources
5 Website and App Development; Disability Accommodation Issues
6 Hosting and Related Services; Cloud Computing
7 Electronic Contracting
8 Terms of Use; Online Agreements; Linking; Downloading; Social Networking
9 Privacy Law and Privacy Policies
10 E-Commerce Transactions; Tax and Insurance Issues
11 Strategic Alliances
12 Software License Agreements
13 Software Development Agreements
14 Content Clearances, Licensing, and Fair Use
15 Source Code Escrows
16 Financing an Online Business
17 Advertising on the Internet
18 Cybersecurity
19 Jurisdiction; Conflicts of Law
20 Liability Related to Speech and the First Amendment
20A Discovery of Electronically Stored Information
21 International Issues
22 Acquisitions and Sales of Internet-Based Businesses

Law Practice Management

California Basic Practice Handbook

1 Opening a Law Practice and Ethically Representing Clients
2 Alternative Dispute Resolution
3 Preparing, Filing, and Serving Complaints and Answers
4 Pretrial Discovery: A Step-by-Step Approach
5 Law and Motion Practice
6 Basic Criminal Practice
7 Personal Injury
8 Uncontested Marital Dissolutions
9 Employment Cases
10 Workers’ Compensation Cases
11 Residential Landlord-Tenant Issues
12 Sale of Residence
13 Basic Personal Bankruptcy Law
14 Administering Decedents’ Small Estates
15 Basic Estate Planning and Drafting
16 Debt Collection

Law Practice Management

California Client Communications Manual: Sample Letters and Forms

1 Initial Contact With Prospective Client
2 Nonengagement: Letters Declining Representation
3 General Attorney-Client Fee Agreements
4 Consent to Representation After Disclosing Conflict of Interest
5 Status Reports and Notices About Case to Client
6 Requests for Documents From Client
7 Termination Notices to Client
8 Retention and Disposition of Client Files
9 Fee Collection Letters and Related Lien Matters
10 Fee Arbitration Notices

Law Practice Management

Fee Agreement Forms Manual

1 Fee Agreement—Sample Provisions and Commentary
2 Business Law—Sample Fee Agreements and Conflicts Letter
3 Civil Litigation—Sample Fee Agreement and Consent to Fee-Splitting
4 Consumer Chapter 7 Bankruptcy—Sample Fee Agreement with Exhibits
5 Criminal Defense—Sample Fee Agreement and Substitution of Counsel Letter
6 Debt Collection—Sample Fee Agreements
7 Elder Law Litigation—Sample Fee Agreement
8 Estate Planning—Sample Fee Agreement
9 Limited Scope Representation—Sample Fee Agreements and Checklists
10 Marital Dissolution—Sample Fee Agreements
11 Medical Malpractice—Sample Fee Agreement
12 Personal Injury—Sample Fee Agreement and Health Care Provider Lien Agreement
13 Probate—Sample Fee Agreements
14 Unlawful Detainer—Sample Fee Agreement
15 Wrongful Termination—Sample Fee Agreement
16 Completion of Representation Letter and Nonengagement Letter
17 Statutes and Rules

Criminal Law

Appeals and Writs in Criminal Cases

1 Appellate Review of Criminal Convictions
2 The Right to Counsel on Appeal; Implementation in California
3 Procedural Aspects of Appellate Representation
4 Handling a Criminal Appeal
5 Hearing and Determination of Appeal
6 Postconviction Review in Death Penalty Cases
7 Writs of Mandate and Prohibition Defined
8 Preparing and Opposing Petitions for Mandate or Prohibition
9 Habeas Corpus: Scope of Writ
10 Preparing and Opposing Petition for Writ of Habeas Corpus
11 Writs of Error Coram Nobis and Coram Vobis
12 Review in the United States Supreme Court
13 Federal Habeas Corpus: Overview; Appointment of Counsel; Bail and Stays; Standards and Grounds for Review
14 Prerequisites to Seeking Federal Habeas Corpus Relief
15 Limitations on Federal Habeas Corpus Relief
16 Preparing and Filing Petition
17 Hearing and Determination of Petition
18 Review of District Court’s Decision

Criminal Law

California Criminal Law Forms Manual

1 Preparing and Filing Motions and Other Papers; Criminal Law Practice Management
2 Professional Responsibility
3 Right to Counsel; The Attorney-Client Relationship
4 Arrest and Bench Warrants; Summons; Subpoenas
5 Release Procedures
6 Arraignment
7 Pleadings; Joinder and Severance
8 Preliminary Hearings
9 Grand Jury
10 Client Interview
11 Discovery
12 Public Records
13 Motion to Set Aside Information or Quash Indictment
14 Pretrial and Trial Publicity
15 Change of Venue
16 Search and Seizure Motions
17 Motion to Disclose Informant’s Identity
18 Selected Pretrial Motions
19 Right to Speedy Trial
20 Continuances
21 Disqualification of Judge
22 Lineups and Identification
23 Confessions and Admissions
24 Prior Convictions and Uncharged Misconduct
25 Termination of Prosecution Without Judgment
26 Pleas and Case Settlement
27 Pretrial Diversion, Deferred Entry of Judgment, and Preplea Probation Report
28 Trial by Court or Jury
29 Jury Selection
30 Preparation and Presentation of Case and Argument
31 Selected Trial Motions
32 Jury Instructions
33 Jury Deliberations and Verdict
34 Prejudgment Motions
35 Pronouncing Judgment
36 Misdemeanor Sentencing
37 Felony Sentencing
38 Probation
39 Work Furlough and Other Alternative Sentences
40 Victim Restitution
41 Trial Counsel’s Duties After Judgment
42 Writs in California State Courts
43 Misdemeanor Appeals
44 Felony Appeals
45 Federal Habeas Corpus Review of State Court Convictions
46 Probation Revocations
47 Parole
48 Mental Competence, Mental Defenses, and Related Issues
49 Immunity for Testimony
50 Extradition
51 Advising Witnesses
52 Representing the Noncitizen Criminal Defendant
53 Effect of a Criminal Conviction on Professional Licenses
54 Death Penalty Cases
55 Driving Under the Influence Cases
56 Juvenile Delinquency Proceedings
57 Asset Forfeiture
58 Contempt

Criminal Law

California Criminal Law Procedure and Practice

1 Criminal Law Practice Management
2 Professional Responsibility
3 Right to Counsel; The Attorney-Client Relationship
4 Arrest and Bench Warrants, Summonses, Subpoenas
5 Securing or Preventing Out-of-Custody Status
6 Arraignment
7 Pleadings; Joinder and Severance
8 Preliminary Hearings
9 Grand Jury
10 Client Interview
11 Discovery
12 Public Records
13 Motion to Set Aside Information or Indictment
14 Pretrial and Trial Publicity; Access to Courts and Court Files
15 Change of Venue
16 Search and Seizure Motions
17 Motion to Disclose Informer’s Identity
18 Selected Pretrial Motions
19 Right to Speedy Trial
20 Continuances
21 Disqualification of Judge
22 Lineups and Identification
23 Confessions and Admissions
24 Prior Convictions and Uncharged Misconduct
25 Termination of Prosecution Without Judgment
26 Pleas and Case Settlement
27 Pretrial Diversion, Deferred Entry of Judgment, and Preplea Probation Report
28 Trial by Court or Jury
29 Jury Selection
30 Preparation and Presentation of Case and Argument
31 Selected Trial Motions
32 Jury Instructions
33 Jury Deliberations and Verdict
34 Prejudgment Motions
35 Pronouncing Judgment
36 Misdemeanor Sentencing
37 Felony Sentencing
38 Probation and Mandatory Supervision
39 Work Furlough and Other Alternative Sentences
40 Victim Restitution
41 Trial Counsel’s Duties After Judgment; Cleansing and Sealing of Criminal Records
42 Writs in California State Courts
43 Misdemeanor Appeals
44 Felony Appeals
45 Federal Habeas Corpus Review of State Court Convictions
46 Revocation of Probation and Mandatory Supervision
47 Parole Hearings
48 Forensic Mental Health Evidence, Laws, and Procedures
49 Immunity for Testimony
50 Extradition
51 Advising Witnesses
52 Representing the Noncitizen Criminal Defendant
53 Effect of Criminal Conviction on Professional Licenses
54 Death Penalty Cases
55 Driving Under the Influence Cases
56 Juvenile Delinquency Proceedings
57 Asset Forfeiture
58 Contempt

Criminal Law

California Criminal Sentencing Enhancements

1 Sentencing Overview
2 Enhancements Overview
3 Victims
4 Injury and Death
5 Firearms and Other Dangerous Weapons
6 Other Instruments of Injury or Death
7 Gangs
8 Drugs
9 DUI
10 Kidnapping, Robbery, and Carjacking
11 Sex Crimes
12 Property Loss, Money Laundering, and Fraud
13 Increased Punishment for Prior Similar Offenses
14 Felony Committed While Released on Bail or Own Recognizance
15 Prior Prison Commitments and Serious and Violent Felonies

Criminal Law

California Judges Benchbook: Domestic Violence Cases in Criminal Court

1 Introduction
2 Domestic Violence Offenses
3 Pretrial Release
4 Criminal Protective Orders
5 Firearms, Ammunition, and Domestic Violence
6 Case Dispositions Before Trial
7 Discovery
8 Specialized Issues Relating to Domestic Violence Victims
9 Evidentiary Issues in Domestic Violence Cases: Admission or Exclusion
10 Preliminary Hearing and Trial Issues
11 Sentencing Domestic Violence Offenders
12 Immigration Issues for Noncitizens

Criminal Law

California Judges Benchbook: Search and Seizure

1 The Fourth Amendment and the Exclusionary Rule
2 Search Warrants
3 Temporary Detentions and Searches Incident to Temporary Detentions
4 Arrest and Searches Incident to Arrest
5 Warrantless Searches
6 Handling Penal Code §1538.5 Motions
7 Electronic Surveillance

Criminal Law

California Juvenile Dependency Practice

1 Introduction to Dependency Law
2 How Children Enter the Dependency System: Referral, Investigation, and Detention
3 Petition, Case Plan, Discovery, Subpoenas, and Pretrial Motions
4 Jurisdictional Hearing
5 Disposition
6 Postdisposition Proceedings: 6-, 12-, 18-, and 24-Month Reviews
7 Subsequent, Supplemental, and Modification Petitions
8 The §366.26 Hearing: Selection and Implementation of Permanent Plan
9 The Indian Child Welfare Act
10 Appeals and Writs
11 Representing Parents
12 Representing Children
13 Representing De Facto Parents
14 Representing Petitioner

Criminal Law

Defending your Client in a Misdemeanor Case (Including a DUI)

Introductory Material
When Client Arrested or Arrest Imminent
When Assisting With Client’s Release
When Client Arraigned
When Special Proceedings Apply
When Investigating Case
At Pretrial Conference
When Making Pretrial Motions
Before and During Jury Trial
Following a Guilty Verdict
Before Sentencing Hearing
At Sentencing Hearing
After Sentencing
APPENDIX A Explanation of Terms
APPENDIX B Pretrial Motion Checklist
APPENDIX C Statutory and Case Law for Common Pretrial Motions
APPENDIX D Timeline and Deadlines in Misdemeanor Case
APPENDIX E Timeline and Deadlines in DUI Case
APPENDIX F Sample Informal Request for Discovery

Criminal Law

Felony Sentencing Handbook

Determinate Sentencing Law Ranges of Punishment
Criminal Justice Realignment Act
2022 CJER Felony Sentencing Handbook
Enhancement Provisions
Probation Eligibility

Criminal Law

Mandatory Criminal Jury Instructions Handbook

1 When Court Must Instruct Sua Sponte
2 Sua Sponte Instructions
3 Selected Common Instructional Errors
Table of Statutes
Table of Jury Instructions
Table of Cases

Evidence

Effective Introduction of Evidence in California

1 How to Ask Questions
2 Planning Case: Securing Witnesses and Evidence; Witness Preparation; Trial Notebook
3 How to Combat Objections: In Limine Evidentiary Motions; Bench Conferences; Offers of Proof
4 Laying a Foundation: Preliminary Fact Hearings (Evid C §§402–405)
5 Order of Proof and of Witness Examination
6 Calling Adverse Parties or Witnesses; Recalling or Excluding Witnesses
7 Evidence Offered for a Limited Purpose
8 Accidents: Absence of Similar Ones
9 Accidents: Prior or Subsequent Ones
10 Admissions and Confessions
11 Authentication
12 Books, Maps, Charts, and Treatises: Proving Facts of Notoriety and Interest
13 Business Records
14 Character: Opinion Evidence
15 Character: Reputation Evidence
16 Character: Specific Acts Evidence
17 Commercial Lists and the Like
18 Community History, Public Interest in Property, and Boundaries
19 Credibility
20 Declarations Against Interest
21 Dispositive Instruments and Ancient Writings
22 Dying Declarations
23 Experiments and Scientific Tests
24 Expert Witnesses
25 Family History: Statements, Reputation, and Records
26 Felony Conviction: To Impeach in Civil Trials
27 Prior Convictions: To Impeach in Criminal Trials
28 Former Testimony
29 Habit or Custom Evidence
30 Judgments Offered in Civil Cases
31 Judicial Notice
32 Lay Witnesses: Competence and Qualification
33 Lay Witnesses: Opinion Testimony
34 Lay Witnesses: Rehabilitation
35 Nonhearsay
36 Official Records and Writings
37 Parol Evidence
38 Past Recollection Recorded
39 Physical Evidence
40 Prior Consistent Statements
41 Prior Inconsistent Statements
42 Prior Identifications
43 Privileges and Confidential Communications
44 Refreshing Recollection
45 Relevance
46 Remainder Offered to Explain Part Admitted
47 Secondary Evidence Rule: Copies and Other Evidence to Prove Content of Writing
48 Secondary Evidence Rule: Oral Testimony to Prove Content of Writing
49 Spontaneous and Contemporaneous Statements; Statements by Abuse Victims
50 Statements of State of Mind, Emotion, or Physical Sensation
51 Stipulations; Undisputed Facts
52 Subsequent Repairs or Other Remedial Conduct
53 Wills and Claims Against Estates: Admissible Relevant Statements
54 Electronic and Social Media Evidence

Evidence

Jefferson’s California Evidence Benchbook

1 Hearsay and Nonhearsay Evidence
2 Hearsay Exceptions: General Principles
3 Admissions and Confessions
4 Business Records
5 Official Records and Writings
6 Declarations Against Interest
7 Dying Declarations
8 Former Testimony
9 Judgments
10 Prior Inconsistent and Consistent Statements of Witness
11 Past Recollection Recorded
12 Prior Identification
13 Spontaneous and Contemporaneous Statements
14 Statements of State of Mind, Emotion, or Physical Sensation
15 Statements Concerning Wills and Claims Against Estates
16 Statements and Reputation About Family History
17 Dispositive Instruments and Ancient Writings
18 Miscellaneous Hearsay Exceptions
19 Evidence: Definitions and Distinctions
20 Objections; Limited Admissibility; Rule of Completeness
21 Relevancy: General Principles
22 Court’s Discretion to Exclude Relevant Evidence Under Evid C §§352–352.1
23 Use of Prior Convictions to Attack Credibility of Witness
24 Determination of Preliminary Facts: General Principles
25 Determining Preliminary Facts Under Evid C §403: Relevancy, Personal Knowledge, Identity, and Authenticity
26 Determining Other Preliminary Facts Under Evid C §405
27 Competency and Qualification of Witnesses
28 Method and Scope of Examination of Witnesses
29 Attacking and Supporting Credibility of Witnesses
30 Opinion Testimony From Expert and Lay Witnesses
31 Authentication and Proof of Writings
32 Proving Contents of Writings and the Secondary Evidence Rule
33 Admissibility of Electronic Evidence
34 Parol Evidence Rule
35 Evidence of Character, Habit, and Custom
36 Other Items of Evidence Affected or Excluded by Extrinsic Policies
37 Privileges: General Provisions
38 Marital Privileges
39 Physician-Patient Privilege
40 Psychotherapist-Patient Privilege
41 Clergy-Penitent, Counselor-Victim, and Similar Privileges
42 Lawyer-Client Privilege
43 Attorney Work Product Doctrine
44 Official-Information Privilege
45 Identity-of-Informer Privilege
46 Privilege Against Self-Incrimination
47 Burdens of Proof and of Producing Evidence
48 Presumptions
49 Judicial Notice

Evidence

Laying a Foundation to Introduce Evidence (Preparing and Using Evidence at Trial)

I. When Preparing Evidence Before Trial
II. When Dealing With Admissibility Issues Before Trial Begins
III. When Introducing Exhibits at Trial
IV. When Introducing Other Evidence Not Offered as Exhibits
V. When Preparing for and Participating in Arbitration
APPENDIX A Sample Trial Preparation Systems
APPENDIX B General Rules Governing Prima Facie Admissibility
APPENDIX C List of Trial Objections
APPENDIX D Sample Evidence Memorandum
APPENDIX E Sample Designation of Deposition
APPENDIX F Sample Exhibit Log
APPENDIX G Foundations, Objections, and Sample Records for Specific Types of Evidence

Evidence

Scientific Evidence and Expert Testimony in California

1 Introducing Scientific Evidence
2 Presenting and Challenging Expert Testimony on Scientific Evidence
3 Evidence of Alcohol and Marijuana Intoxication
4 Forensic Toxicology and the Use of Drug Evidence
5 DNA Evidence
6 Origin and Cause of Fire
7 Digital Forensics Investigations in Corporate Environments
8 Forensic Accounting
9 Global Positioning Systems (GPS), Cell Phones, and Other Tracking Devices

Litigation Practice and Procedure

California Trial Objections

1 Right to Present Relevant Evidence
2 Motions in Limine
3 Order of Proof
4 Objecting to Evidence
5 Responding to Objections
6 Objections to Jury Voir Dire
7 Question Is Ambiguous or Unintelligible
8 Question Is Compound
9 Question Is Too General
10 Question Calls for Narrative Answer
11 Question Has Been Asked and Answered
12 Question Misquotes Witness
13 Question Is Leading
14 Question Is Argumentative
15 Question Assumes Fact in Dispute or Not in Evidence
16 Question Calls for Speculation
17 Irrelevant Evidence
18 Incompetent Witness
19 Hearsay
20 Inadmissible Opinion
21 Insufficient Foundation
22 Improper Impeachment
23 Improper Rehabilitation
24 Excluding Secondary Evidence
25 Inadmissible Parol Evidence
26 Cross-Examination Exceeds Scope of Direct Examination
27 Corpus Delicti Not Proved
28 Illegally Obtained Evidence
29 Objecting to Misconduct
30 Unduly Inflammatory
31 Excluding Relevant Evidence Under Evid C §352
32 Other Policy Exclusions of Evidence
33 Privileges: General Rules and Considerations
34 Attorney-Client Privilege
35 Work Product Doctrine
36 Physician-Patient Privilege
37 Psychotherapist-Patient Privilege
38 Sexual Assault Counselor-Victim Privilege
39 Domestic Violence Counselor-Victim Privilege
39A Human Trafficking Caseworker-Victim Privilege
40 Privilege for Confidential Marital Communications
41 Privilege Not to Testify Against Spouse
42 Privilege Not to Be Called as Witness Against Spouse
43 Privilege for Official Information
44 Privilege for Identity of Informer
45 Trade Secrets Privilege
46 Privilege Against Self-Incrimination
47 Privilege of Defendant in Criminal Case Not to Be Called and Not to Testify
48 Journalist’s Immunity From Contempt
49 Voter’s Privilege
50 Penitent’s Privilege
51 Cleric’s Privilege
52 Motion to Strike
53 Jury Admonitions
54 Motion for Continuance
55 Extraordinary Writs
56 Motion for Mistrial
57 Contempt

Litigation Practice and Procedure

Effective Direct and Cross-Examination

1 Strategy and Tactics
2 Direct Examination
3 Preparing to Cross-Examine
4 Time-Honored Rules of Cross-Examination–And When to Break Them
5 Conducting Cross-Examination
6 Preparing Favorable Witnesses for Cross-Examination
7 Experts
8 Recurring Examinations
9 Depositions
10 Examination of Jurors
11 Objections and Evidence
12 Organizing for Trial
13 Mastering Trial Skills

Litigation Practice and Procedure

Persuasive Opening Statements and Closing Arguments

1 Similarities and Differences Between Opening Statements and Closing Arguments; Importance of Juror Psychology
2 Practical and Legal Aspects of Preparing and Presenting Statements and Arguments
3 Permissible Content Used in Statements and Arguments and Misconduct Issues
4 Arguing for Punitive Damages
5 Opening Statements, Closing Argument; Analysis: Personal Injury Case
6 Plaintiff’s Opening Statement (to Court): Fraud Case
7 Defense Opening Statement and Closing Argument: Commercial Case
8 Plaintiff’s Opening Statement, Closing Argument, and Rebuttal: Bad Faith Case
9 Defendant’s Opening Statement and Closing Argument to Jury: Antitrust Case

Law Practice Management

California Basic Practice Handbook

1 Opening a Law Practice and Ethically Representing Clients
2 Alternative Dispute Resolution
3 Preparing, Filing, and Serving Complaints and Answers
4 Pretrial Discovery: A Step-by-Step Approach
5 Law and Motion Practice
6 Basic Criminal Practice
7 Personal Injury
8 Uncontested Marital Dissolutions
9 Employment Cases
10 Workers’ Compensation Cases
11 Residential Landlord-Tenant Issues
12 Sale of Residence
13 Basic Personal Bankruptcy Law
14 Administering Decedents’ Small Estates
15 Basic Estate Planning and Drafting
16 Debt Collection

Law Practice Management

California Client Communications Manual: Sample Letters and Forms

1 Initial Contact With Prospective Client
2 Nonengagement: Letters Declining Representation
3 General Attorney-Client Fee Agreements
4 Consent to Representation After Disclosing Conflict of Interest
5 Status Reports and Notices About Case to Client
6 Requests for Documents From Client
7 Termination Notices to Client
8 Retention and Disposition of Client Files
9 Fee Collection Letters and Related Lien Matters
10 Fee Arbitration Notices

Law Practice Management

Fee Agreement Forms Manual

1 Fee Agreement—Sample Provisions and Commentary
2 Business Law—Sample Fee Agreements and Conflicts Letter
3 Civil Litigation—Sample Fee Agreement and Consent to Fee-Splitting
4 Consumer Chapter 7 Bankruptcy—Sample Fee Agreement with Exhibits
5 Criminal Defense—Sample Fee Agreement and Substitution of Counsel Letter
6 Debt Collection—Sample Fee Agreements
7 Elder Law Litigation—Sample Fee Agreement
8 Estate Planning—Sample Fee Agreement
9 Limited Scope Representation—Sample Fee Agreements and Checklists
10 Marital Dissolution—Sample Fee Agreements
11 Medical Malpractice—Sample Fee Agreement
12 Personal Injury—Sample Fee Agreement and Health Care Provider Lien Agreement
13 Probate—Sample Fee Agreements
14 Unlawful Detainer—Sample Fee Agreement
15 Wrongful Termination—Sample Fee Agreement
16 Completion of Representation Letter and Nonengagement Letter
17 Statutes and Rules

Employment Law

Advising California Employers and Employees

1 Hiring Guidelines and Pitfalls
2 Employment Contracts and Executive Compensation
3 Independent Contractors, Leased Workers, and Outsourcing
4 Immigration Law Requirements for Employers
5 Wage and Hour Laws
6 Vacations, Family and Medical Leave, and Other Time Off
7 Tax Compliance
8 Unemployment Compensation and State Disability Insurance
9 Notice-Posting, Training, and Recordkeeping Requirements
10 Employee Handbooks
11 Trade Secrets Protection and Unfair Competition
12 Workplace Safety
13 Workplace Privacy
14 Employer Liability for Acts of Employees
15 Discrimination and Harassment
16 Whistleblower Issues
16A Workplace Investigations
17 Discipline and Termination
18 Reductions in Force and Plant Closings
19 Insurance Coverage for Employment Claims
20 Mediation and Arbitration of Employment Disputes
21 Public Employment Issues
APPENDIX Workplace Audit Checkliss

Employment Law

California Wage and Hour Law and Litigation

1 Hiring Guidelines and Pitfalls
2 Employment Contracts and Executive Compensation
3 Independent Contractors, Leased Workers, and Outsourcing
4 Immigration Law Requirements for Employers
5 Wage and Hour Laws
6 Vacations, Family and Medical Leave, and Other Time Off
7 Tax Compliance
8 Unemployment Compensation and State Disability Insurance
9 Notice-Posting, Training, and Recordkeeping Requirements
10 Employee Handbooks
11 Trade Secrets Protection and Unfair Competition
12 Workplace Safety
13 Workplace Privacy
14 Employer Liability for Acts of Employees
15 Discrimination and Harassment
16 Whistleblower Issues
16A Workplace Investigations
17 Discipline and Termination
18 Reductions in Force and Plant Closings
19 Insurance Coverage for Employment Claims
20 Mediation and Arbitration of Employment Disputes
21 Public Employment Issues

Employment Law

Drafting Employment Documents for California Employers

1 Hiring Forms and Checklists
2 Immigration Issues in Hiring
3 Employment Contracts
4 Independent Contractors
5 Leased Employees
6 Disability Accommodation
7 Employee Defection and Trade Secrets Protection
8 Compensation and Equity Programs
9 Employee Handbooks; Posting and Training Requirements
10 Employee Evaluations and Discipline
11 Leaves of Absence and Termination

Employment Law

Employee Leave Laws: Compliance and Litigation

1 Leave Under the Family and Medical Leave Act and the California Family Rights Act
2 Pregnancy, Disability, and Other Leaves
3 Vacations, Sick Leave, Holidays, and Paid Time Off
4 Leave Law Interactions and Calculating Leave Entitlements
5 Bringing an Action to Enforce Leave Law Rights
6 Responding to Leave Law Claims
7 Litigating Leave Law Claims: Discovery, Summary Judgment, Trial, and Attorney Fees
8 Settlement and Alternative Dispute Resolution

Employment Law

Employment Damages and Remedies

1 Approaching Employment Remedies
2 Breach of Contract Remedies
3 Damages for Wrongful Termination and Other Tort Claims
4 Remedies Under Antidiscrimination and Other Employee Rights Statutes
5 Equitable Remedies
6 Punitive Damages
7 Civil Penalties Under the Private Attorneys General Act (PAGA)
8 Attorney Fees, Costs, and Interest
9 Taxation of Judgments and Settlements
10 Additional Statutory Remedies

Employment Law

Handling a Wrongful Termination Action

I. When Interviewing Terminated Employee-Client
II. When Evaluating the Case to Determine Whether the Termination Was Wrongful
III. When Determining Whether to Pursue Other Potential Tort Claims
IV. When Evaluating Related Tort Claims
V. When Evaluating Remedies Available Under Applicable Legal Theories
VI. Before Pursuing Litigation
VII. Before Drafting the Complaint
VIII. When Drafting the Complaint
IX. After Filing the Complaint
X. After Trial
APPENDIX A Sample Intake Form
APPENDIX B Sample Complaint for Age Discrimination and Other Causes of Action
APPENDIX C Sample Complaint for Wrongful Termination in Violation of Public Policy
APPENDIX D Sample Complaint for Promissory Fraud and Other Causes of Action
APPENDIX E Sample Complaint for Sexual Harassment, Retaliation, and Other Causes of Action
APPENDIX F Statutes and Cases Affecting Termination and Discipline of Public Employees
APPENDIX G Calendar of Dates and Deadlines in Wrongful Termination Litigation

Employment Law

Working with Independent Contractors, Leased Workers, and Outsourcing

I. Before Advising Client
II. Testing Whether Client Can Treat Worker as an Independent Contractor
III. Determining Client’s Needs
IV. Evaluating Risks of Misclassification
V. Preparing Client to Use Independent Contractors
VI. Maintaining Independent Contractor Status
VII. Using Leased Employees or Temporary Workers: The Third Party Relationship
VIII. Advising Client Being Audited
APPENDIX A Tests of Contractor Status
APPENDIX B Section 530 Safe Harbor Provisions (Revenue Act of 1978 §530) (Pub L 95-600, 92 Stat 2763, as Amended)
APPENDIX C Industry Rulings and Guidelines
APPENDIX D Statutory Exceptions to the General Rules Governing Employees
APPENDIX E Payroll Taxes
APPENDIX F Chart of Potential Payroll Tax Risks of Misclassification
APPENDIX G Contractor Data Sheet
APPENDIX H Sample Agreement Between Principal and Independent Contractor
APPENDIX I Restatement (Second) of Agency §220 (Common Law Factors)
APPENDIX J Noteworthy Administrative Developments Since This Action Guide Was Last Published

Employment Law

Wrongful Employment Termination Practice: Discrimination, Harassment, and Retaliation

1 Discrimination Claims—In General
2 Disability Discrimination
3 Age Discrimination
3A Retaliation and Whistleblower Claims
4 Sexual and Other Forms of Harassment
5 Other Employee Rights Statutes
6 Wrongful Termination in Violation of Public Policy
7 Other Tort Claims
8 Contract Actions
9 Bringing the Action
10 Defending the Action
11 Discovery
12 Settlement
13 Alternative Dispute Resolution
14 Trial: Plaintiff’s Perspective
15 Trial: Defendant’s Perspective
16 Attorney Fees

Richard J. Simmons' Collection

California's Employee vs. Independent Contractor Rules Under Dynamex AB 5 and AB 2257

1 Introduction
2 AB 5’s And AB 2257’s Structure and Legislative Findings
3 The Codification of the ABC Test and Statutory Exemption
4 The Provisions in Section 2775 Do Not Constitute a Change in the Law
5 Enforcement Actions and Injunctive Relief
6 Workers’ Compensation Provisions
7 Unemployment Insurance Code Amendments
8 Prohibitions Against Declassification of Employees
9 The 1989 Decision in G. Borrello & Sons, Inc.
10 Willful Misclassifications

Richard J. Simmons' Collection

California's Private Attorneys General Act (PAGA) Litigation and Compliance Manual

1 The Private Attorneys General Act of 2004
2 Overview of PAGA
3 PAGA’s Exhaustion, Administrative and Procedural Standards
4 Representative Enforcement Actions and Class Actions
5 The California Supreme Court’s View of PAGA
6 Itemized Wage Statement and PAGA Claims
7 Arbitration of PAGA Claims
8 Litigation Considerations
9 Remedies
10 Defenses in PAGA Litigation
11 Settlement of Labor Code and PAGA Claims
12 Appeals
13 Compliance Audits
14 Labor Code Checklists and Summaries
15 Additional Target Areas for Audits
16 Leaves of Absence and Time Off Rights
17 Posting Notification Obligations

Richard J. Simmons' Collection

Employment Discrimination and EEO Practice for California Employers

1 Introduction
2 Coverage of Equal Employment Opportunity Laws
3 Pre-Employment Practices and Conditions of Employment
4 Sex Discrimination
5 Pregnancy Discrimination
6 Sexual Harassment
7 Marital Status Discrimination
8 Discrimination Based on Race, Color, Ancestry, and National Origin
9 Age Discrimination
10 Disability Discrimination
11 Religious Discrimination
12  Complaint, Investigation, and Enforcement Procedures
13 Defenses, Burdens, and Remedies
14 Records and Posting
15 Discipline and Termination of Employees
16 Miscellaneous Obligations

Richard J. Simmons' Collection

Sexual Harassment Training and Prevention Manual

1 Introduction
2 Goals of an Effective Employee Training Program
3 The Laws that Govern Harassment Claims
4 The Judicial Perspective
5 What is Sexual Harassment?
6 Standards Used to Impose Liability Against Supervisors and Employers
7 Policies Banning Unlawful Harassment and Discrimination
8 Receiving and Handling Complaints of Harassment
9 Practical Considerations

Richard J. Simmons' Collection

Wage and Hour Manual for California Employers

1 Introduction
2 Coverage of Wage and Hour Laws
3 Employment Relationship
4 Maximum Hours
5 Employment of Minors
6 Minimum Wages
7 Hours Worked
8 Overtime Compensation
9 Alternative Scheduling Arrangements
10 Exemptions
11 State and Local Government Employers
12 Payment of Wages
13 Records, Posting and New-Hire Notification Requirements
14 General
15 Enforcement

Richard J. Simmons' Collection

Wrongful Discharge, Staff Reduction and Employment Practice Manual

1 Introduction
2 State and Federal Laws Regulating Disciplinary Action
3 The Three Branches of the Wrongful Discharge Doctrine
4 Companion Causes of Action in Employment Litigation
5 Duties Owed by Employees and Employers
6 Evaluating and Administering Disciplinary Action
7 Practical Guidelines for Avoiding Unfair Dismissal Claims
8 Post-Termination Actions and Procedures
9 Performance Evaluation and Appraisal Systems
10 Unemployment Insurance and Other Income Protection Programs
11 Layoffs and Staff Reductions
12 Personnel Policies and Disciplinary Guidelines
13 The Employment Polygraph Protection Act
14 Limitations on Remedies and Defenses
15 Arbitration, Mediation, and Other Dispute Resolution Procedures
16 Sample Forms

Litigation Practice and Procedure

California Civil Discovery Practice

1 The Right to Discovery and Its Scope
2 Creating a Discovery Plan
3 Evaluating Privileges, Work Product, and Other Protections
4 Conducting Discovery in a Digital World: Managing Electronically Stored Information
5 Deposition Procedures
6 Taking and Defending Oral Depositions
7 Interrogatories
8 Demands for Inspection or Production
9 Requests for Admission
10 Physical and Mental Examinations
11 Exchange of Expert Information
12 Depositions in Other States
13 Discovery in Other Nations
14 Discovery in Limited Civil Cases
15 Discovery Motion Practice and Sanctions
16 Writs and Appeals

Law Practice Management

California Basic Practice Handbook

1 Opening a Law Practice and Ethically Representing Clients
2 Alternative Dispute Resolution
3 Preparing, Filing, and Serving Complaints and Answers
4 Pretrial Discovery: A Step-by-Step Approach
5 Law and Motion Practice
6 Basic Criminal Practice
7 Personal Injury
8 Uncontested Marital Dissolutions
9 Employment Cases
10 Workers’ Compensation Cases
11 Residential Landlord-Tenant Issues
12 Sale of Residence
13 Basic Personal Bankruptcy Law
14 Administering Decedents’ Small Estates
15 Basic Estate Planning and Drafting
16 Debt Collection

Law Practice Management

California Client Communications Manual: Sample Letters and Forms

1 Initial Contact With Prospective Client
2 Nonengagement: Letters Declining Representation
3 General Attorney-Client Fee Agreements
4 Consent to Representation After Disclosing Conflict of Interest
5 Status Reports and Notices About Case to Client
6 Requests for Documents From Client
7 Termination Notices to Client
8 Retention and Disposition of Client Files
9 Fee Collection Letters and Related Lien Matters
10 Fee Arbitration Notices

Law Practice Management

Fee Agreement Forms Manual

1 Fee Agreement—Sample Provisions and Commentary
2 Business Law—Sample Fee Agreements and Conflicts Letter
3 Civil Litigation—Sample Fee Agreement and Consent to Fee-Splitting
4 Consumer Chapter 7 Bankruptcy—Sample Fee Agreement with Exhibits
5 Criminal Defense—Sample Fee Agreement and Substitution of Counsel Letter
6 Debt Collection—Sample Fee Agreements
7 Elder Law Litigation—Sample Fee Agreement
8 Estate Planning—Sample Fee Agreement
9 Limited Scope Representation—Sample Fee Agreements and Checklists
10 Marital Dissolution—Sample Fee Agreements
11 Medical Malpractice—Sample Fee Agreement
12 Personal Injury—Sample Fee Agreement and Health Care Provider Lien Agreement
13 Probate—Sample Fee Agreements
14 Unlawful Detainer—Sample Fee Agreement
15 Wrongful Termination—Sample Fee Agreement
16 Completion of Representation Letter and Nonengagement Letter
17 Statutes and Rules

Family Law

California Child and Spousal Support: Establishing, Modifying, and Enforcing

1 Court’s Authority to Order Payment of Child Support
2 Procedure to Establish Initial Child Support Orders
3 Determining Child Support Under Statewide Guideline
4 Grounds and Procedure to Modify or Terminate Child Support
5 Court’s Authority to Order Payment of Spousal Support
6 Procedure to Establish Initial Spousal Support Orders
7 Determining Spousal Support Amount
8 Grounds and Procedure to Modify or Terminate Spousal Support
9 Enforcement Remedies for Child and Spousal Support
10 Additional Enforcement Remedies for Child Support
11 Interstate Support Enforcement and Modification
12 Setting Aside Support Orders and Judgments

Family Law

California Child Custody Litigation and Practice

1 Overview of Custody and Visitation Litigation
2 Custody and Parent-Child Relationship
3 Initial Assessment of Client and Case
4 Parenting Plans
5 Jurisdiction to Make Initial Orders
6 Application for Temporary Orders
7 Discovery
8 Custody Mediation
9 Custody Evaluations
10 Appointment of Counsel for Child
11 Use of Psychologists and Other Experts
12 Factors Used in Deciding Custody and Visitation Disputes Between Parents
13 Disputes Involving Grandparents, Stepparents, and Other Third Parties
14 Trial Preparation
15 Trial and Judgment
16 Modification Jurisdiction and Procedure in General
17 General Application of ‘Changed Circumstances’ Standard
18 Parental Relocation: The Move-Away Case
19 General Enforcement Remedies
20 Enforcement Under UCCJEA and Hague Convention
21 Modification Jurisdiction and Procedure for Interstate and International Cases

Family Law

California Juvenile Dependency Practice

1 Introduction to Dependency Law
2 How Children Enter the Dependency System: Referral, Investigation, and Detention
3 Petition, Case Plan, Discovery, Subpoenas, and Pretrial Motions
4 Jurisdictional Hearing
5 Disposition
6 Postdisposition Proceedings: 6-, 12-, 18-, and 24-Month Reviews
7 Subsequent, Supplemental, and Modification Petitions
8 The §366.26 Hearing: Selection and Implementation of Permanent Plan
9 The Indian Child Welfare Act
10 Appeals and Writs
11 Representing Parents
12 Representing Children
13 Representing De Facto Parents
14 Representing Petitioner

Family Law

California Marital Settlement and Other Family Law Agreements

1 Developing the Case and Negotiating the Agreement
2 Mediation
3 The Agreement in its Legal Context
4 Drafting and Implementing the Agreement
5 Introductory Provisions
6 Child Custody and Visitation
7 Child Support
8 Spousal Support
9 Property: Identification, Warranties, and Division
10 Property: The Family Residence
11 Property: Retirement Benefits
12 Property: The Closely Held Business
13 Property: Miscellaneous Assets
14 Attorney Fees and Costs
15 Income Tax
16 General Provisions
17 Premarital Agreements
18 Marital Agreements
19 Nonmarital Cohabitation Agreements
20 QDROs and Other Retirement Benefits Orders
21 Complete Marital Settlement Agreements

Family Law

Dividing Pensions and Other Employee Benefits in California Divorces

1 Case Assessment and Planning
2 Initial Procedures and Pretrial Orders
3 Discovery and Valuation of Employee Benefits
4 Settlement-, Trial-, and Judgment-Related Matters
5 Employee Benefit Plans Governed by ERISA
6 Use of QDROs to Divide Employee Benefits and Provide for Support
7 Review of QDROs by Corporate Employee Benefit Plans
8 Review of QDROs by Union Employee Benefit Plans
9 Employee Welfare and Other Nonpension Benefits
10 Stock Options and Benefits Under Executive Business Plans
11 IRA Accounts and Small-Employer Plans
12 California Public Employees’ Retirement System Benefits
13 California State Teachers’ Retirement System Benefits
14 County and Municipal Employee Benefits
15 Federal Employees’ Retirement System Benefits
16 Civil Service Retirement System Benefits
17 Military Retirement Benefits
18 Railroad Retirement Benefits

Family Law

Family Law Financial Discovery

1 General Planning Considerations for Financial Discovery
2 Role of Informal Discovery and Disclosure Declarations in Obtaining Financial Information
3 Using Formal Discovery Methods in Family Law Cases
4 Privileges, Privacy, and Other Limitations on Discovery
5 Discovery Issues Raised by Use of Mediation and Collaborative Practice
6 Use of Experts as Consultants and Witnesses in the Financial Discovery Process
7 Child and Spousal Support Issues
8 Date of Separation and General Property Division Issues
9 Attorney Fees, Costs, and Sanctions Issues
10 Income and Benefits From Employment
11 Investments, Rents, Royalties, and Miscellaneous Income Sources
12 Financial Interests in Small Businesses or Professional Practices
13 Nonbusiness Real and Personal Property
14 Personal Expenses and Debts Unsecured by Real Property
15 Ability to Earn, Medical or Psychological Condition, and Vocational Prospects
16 Court-Supervised and -Compelled Discovery
17 Setting Aside Judgment for Disclosure Violations
18 Obtaining Protective Orders
19 Sealing Court Records Having Financial Information

Family Law

Practice Under the California Family Code: Dissolution, Legal Separation, Nullity

1 Perspectives From the Family Law Bench
2 The Intersection of Civil Litigation and Therapeutic Jurisprudence—With a Dash of Constitutional Law
3 Dissolution, Legal Separation, and Nullity
4 Jurisdiction and Venue
5 Property
6 Spousal Support
7 Child Custody and Visitation
8 Child Support
8A Parentage
9 Attorney Fees and Costs
10 Petition, Response, and Related Matters
11 Temporary Orders
12 Joinder
13 Discovery and Declarations of Disclosure
14 Uncontested Proceedings
15 Pretrial Procedures and Trial Preparation
16 Trial
17 Judgment After Trial
18 Attack on Judgment in the Trial Court
19 Appeals and Writs
20 Enforcement
21 Modification
22 Family Law and Bankruptcy
23 Professional Responsibility in Family Law Practice
24 Psychological Aspects of Dissolution
25 Evidence Issues and Presentations in Family Law Proceedings
26 Immigration Issues in Family Law Cases

Litigation Practice and Procedure

California Civil Discovery Practice

1 The Right to Discovery and Its Scope
2 Creating a Discovery Plan
3 Evaluating Privileges, Work Product, and Other Protections
4 Conducting Discovery in a Digital World: Managing Electronically Stored Information
5 Deposition Procedures
6 Taking and Defending Oral Depositions
7 Interrogatories
8 Demands for Inspection or Production
9 Requests for Admission
10 Physical and Mental Examinations
11 Exchange of Expert Information
12 Depositions in Other States
13 Discovery in Other Nations
14 Discovery in Limited Civil Cases
15 Discovery Motion Practice and Sanctions
16 Writs and Appeals

Litigation Practice and Procedure

California Civil Procedure Before Trial

1 Accepting Cases and Implementing Office Procedures
2 Avoiding Conflicts of Interest
3 Representation Agreements
4 Changing Representation During Suit
5 Client Fee Dispute Arbitrations
6 California Jurisdiction
7 Federal Jurisdiction
8 Venue
9 Prelitigation Claims, Notices, and Petitions for Guardians Ad Litem
10 Fee Waiver
11 Pleadings and Court Papers
12 Noticed Motions
13 Ex Parte Motions and Orders to Show Cause
14 Ascertaining, Joining, and Naming Parties
15 Complaints
16 Amending Complaints
17 Service of Summons
18 Service of Papers
19 Motions to Quash
20 Motions to Change Venue
21 Motions to Stay or Dismiss for Inconvenient Forum
22 Removal to Federal Court
23 Demurrers
24 Motions to Strike
24A Anti-SLAPP Motions
25 Answers
26 Cross-Complaints
27 Motions for Judgment on the Pleadings
28 Interpleader
29 Security for Costs
30 Bill of Particulars
31 Intervention
32 Injunctions and Other Provisional Remedies
33 Receivership
34 Deposit in Court
35 Declaratory Relief
36 Summary Judgment
37 Judicial Arbitration
38 Default
39 Dismissal
40 Case Management Conferences
41 Jury Trial Demands
42 Trial Preference and Continuance Motions
43 Consolidation and Severance
44 Coordination
45 Alternative Dispute Resolution
46 Negotiation and Case Settlement
47 Offers to Allow Judgment (CCP §998)
48 Submitted Case and Consent Judgment
49 Sliding Scale and Structured Settlements
50 Good Faith Settlement

Litigation Practice and Procedure

California Expert Witness Guide

1 Overview
2 Subject Matter of Expert Testimony
3 Skill Necessary to Be Expert
4 Information Relied on by Expert
5 Expert’s Opinion: Certainty Required, Testimony on Ultimate Issue, Effect
6 Types of Experts
7 Locating and Retaining Best Expert
8 Dealing With Counsel’s Own Expert
9 Inspections, Tests, Experiments, and Demonstrative Evidence
10 Discovering Identity and Noticing Depositions of Opposing Experts
11 Expert’s Deposition in Civil Case
12 Preparing Expert for Deposition and Trial
13 Direct Examination of Expert at Trial
14 Alternatives to Cross-Examination
15 Cross-Examination of Opposing Experts at Trial
16 Experts and Summary Judgment Process

Litigation Practice and Procedure

California Trial Objections

1 Right to Present Relevant Evidence
2 Motions in Limine
3 Order of Proof
4 Objecting to Evidence
5 Responding to Objections
6 Objections to Jury Voir Dire
7 Question Is Ambiguous or Unintelligible
8 Question Is Compound
9 Question Is Too General
10 Question Calls for Narrative Answer
11 Question Has Been Asked and Answered
12 Question Misquotes Witness
13 Question Is Leading
14 Question Is Argumentative
15 Question Assumes Fact in Dispute or Not in Evidence
16 Question Calls for Speculation
17 Irrelevant Evidence
18 Incompetent Witness
19 Hearsay
20 Inadmissible Opinion
21 Insufficient Foundation
22 Improper Impeachment
23 Improper Rehabilitation
24 Excluding Secondary Evidence
25 Inadmissible Parol Evidence
26 Cross-Examination Exceeds Scope of Direct Examination
27 Corpus Delicti Not Proved
28 Illegally Obtained Evidence
29 Objecting to Misconduct
30 Unduly Inflammatory
31 Excluding Relevant Evidence Under Evid C §352
32 Other Policy Exclusions of Evidence
33 Privileges: General Rules and Considerations
34 Attorney-Client Privilege
35 Work Product Doctrine
36 Physician-Patient Privilege
37 Psychotherapist-Patient Privilege
38 Sexual Assault Counselor-Victim Privilege
39 Domestic Violence Counselor-Victim Privilege
39A Human Trafficking Caseworker-Victim Privilege
40 Privilege for Confidential Marital Communications
41 Privilege Not to Testify Against Spouse
42 Privilege Not to Be Called as Witness Against Spouse
43 Privilege for Official Information
44 Privilege for Identity of Informer
45 Trade Secrets Privilege
46 Privilege Against Self-Incrimination
47 Privilege of Defendant in Criminal Case Not to Be Called and Not to Testify
48 Journalist’s Immunity From Contempt
49 Voter’s Privilege
50 Penitent’s Privilege
51 Cleric’s Privilege
52 Motion to Strike
53 Jury Admonitions
54 Motion for Continuance
55 Extraordinary Writs
56 Motion for Mistrial
57 Contempt

Law Practice Management

California Basic Practice Handbook

1 Opening a Law Practice and Ethically Representing Clients
2 Alternative Dispute Resolution
3 Preparing, Filing, and Serving Complaints and Answers
4 Pretrial Discovery: A Step-by-Step Approach
5 Law and Motion Practice
6 Basic Criminal Practice
7 Personal Injury
8 Uncontested Marital Dissolutions
9 Employment Cases
10 Workers’ Compensation Cases
11 Residential Landlord-Tenant Issues
12 Sale of Residence
13 Basic Personal Bankruptcy Law
14 Administering Decedents’ Small Estates
15 Basic Estate Planning and Drafting
16 Debt Collection

Law Practice Management

California Client Communications Manual: Sample Letters and Forms

1 Initial Contact With Prospective Client
2 Nonengagement: Letters Declining Representation
3 General Attorney-Client Fee Agreements
4 Consent to Representation After Disclosing Conflict of Interest
5 Status Reports and Notices About Case to Client
6 Requests for Documents From Client
7 Termination Notices to Client
8 Retention and Disposition of Client Files
9 Fee Collection Letters and Related Lien Matters
10 Fee Arbitration Notices

Law Practice Management

Fee Agreement Forms Manual

1 Fee Agreement—Sample Provisions and Commentary
2 Business Law—Sample Fee Agreements and Conflicts Letter
3 Civil Litigation—Sample Fee Agreement and Consent to Fee-Splitting
4 Consumer Chapter 7 Bankruptcy—Sample Fee Agreement with Exhibits
5 Criminal Defense—Sample Fee Agreement and Substitution of Counsel Letter
6 Debt Collection—Sample Fee Agreements
7 Elder Law Litigation—Sample Fee Agreement
8 Estate Planning—Sample Fee Agreement
9 Limited Scope Representation—Sample Fee Agreements and Checklists
10 Marital Dissolution—Sample Fee Agreements
11 Medical Malpractice—Sample Fee Agreement
12 Personal Injury—Sample Fee Agreement and Health Care Provider Lien Agreement
13 Probate—Sample Fee Agreements
14 Unlawful Detainer—Sample Fee Agreement
15 Wrongful Termination—Sample Fee Agreement
16 Completion of Representation Letter and Nonengagement Letter
17 Statutes and Rules

Administrative Law

California Administrative Hearing Practice

1 Understanding Administrative Adjudication
2 Prefiling Investigation and Evaluation
3 Initiating Adjudicative Action
4 Respondent’s Rights and Options
5 Conducting Discovery
6 Prehearing Motions and Procedures
7 The Hearing Process
8 Decision and Review
9 Postdecision Administrative Proceedings
APPENDIX State Agencies and Procedures That Apply to Adjudicative Hearings

Administrative Law

California Administrative Mandamus

1 Nature of Proceeding
2 Considerations in Deciding Whether to Petition for Writ
3 Laying the Foundation at the Administrative Hearing
4 The Administrative Record
5 Proceedings and Entities Subject to Writ
6 Court’s Scope of Review Under CCP §1094.5
7 Who May Obtain Writ
8 Identifying Respondent and Real Party in Interest
9 Statutes of Limitations
10 Initiating Proceedings to Review
11 Stay Orders, Noticed Motions, and Alternative Writs
12 Pleadings in Response to Petition
13 Other Pleadings and Procedures Before Trial
14 Trial and Judgment
15 Procedures After Trial
16 Appeal From Superior Court Judgment
17 Procedures Unique to Special Writ Proceedings

Appellate Law

California Civil Appellate Practice

1 Overview of the Appellate Process
2 Limiting or Avoiding Need for Appellate Relief: Posttrial Motions
2A Analyzing the Prospects for Success on Appeal
3 Is the Order or Judgment Appealable?
4 Preserving the Record for Appeal
5 Is There Standing to Appeal?
6 Staying Enforcement During Appeal
7 Filing the Notice of Appeal
8 Filing Cross-Appeals
9 Designating the Record
10 Appeals in Limited Civil and Small Claims Cases
11 Motions, Applications, and Informal Requests
12 Appellant’s Opening and Reply Briefs
13 Respondent’s Brief
14 Amicus Curiae
15 Settlement on Appeal
15A Appellate Mediation
16 Oral Argument
17 Decision on the Merits
18 Remittitur
19 Rehearing in Court of Appeal
20 Costs, Attorney Fees, and Sanctions
21 Publication and Citing of Opinions
22 Review by the California Supreme Court
23 Request for Decision to the California Supreme Court

Appellate Law

Handling Civil Writs in Courts of Appeal

I. Before Seeking Writ
II. When Preparing Writ Petition
III. When Serving and Filing Writ, or Responding to the Court
IV. When Filing Opposition or Reply
V. When Court Acts
VI. After Court’s Decision
APPENDIX A Orders Review
APPENDIX B Simplified Chart of Writ Procedure
APPENDIX C Other Writs
APPENDIX D Sample Palma Notice
APPENDIX E Sample Petition for Writ of Mandate, Prohibition, or Other Appropriate Relief

Appellate Law

Handling Civil Appeals

I. When Appealing From Superior Court Decision
II. When Obtaining Superior Court Record for Appeal
III. During Appeal
IV. After Filing Opening Brief
V. When Seeking Rehearing or Review by Supreme Court
VI. When Requesting Publication or Depublication of Opinion
VII. After Decision Is Final
VIII. When Appealing From Limited Civil Case Decision
IX. When Obtaining Record for Appeal From Limited Court Decision
X. During Appeal From Limited Civil Case Decision
XI. When Appealing From Small Claims Court Decision

Appellate Law

Strategies on Appeal

1. How to Win an Appeal–General Principles
2. Setting Up the Appeal in the Trial Court
3. Should I Appeal?
4. The Notice of Appeal
5. Preparing to Write the Appellant’s Opening Brief
6. Writing the Appellant’s Opening Brief
7. The Respondent’s Brief
8. The Appellant’s Reply Brief
9. Oral Argument
10. You Lost. Now What?
11. Writ Review of a Non-Appealable Trial Court Order
12. On Losing
13. Billing for Thinking
14. Sample Briefs

Evidence

Effective Introduction of Evidence in California

1 How to Ask Questions
2 Planning Case: Securing Witnesses and Evidence; Witness Preparation; Trial Notebook
3 How to Combat Objections: In Limine Evidentiary Motions; Bench Conferences; Offers of Proof
4 Laying a Foundation: Preliminary Fact Hearings (Evid C §§402–405)
5 Order of Proof and of Witness Examination
6 Calling Adverse Parties or Witnesses; Recalling or Excluding Witnesses
7 Evidence Offered for a Limited Purpose
8 Accidents: Absence of Similar Ones
9 Accidents: Prior or Subsequent Ones
10 Admissions and Confessions
11 Authentication
12 Books, Maps, Charts, and Treatises: Proving Facts of Notoriety and Interest
13 Business Records
14 Character: Opinion Evidence
15 Character: Reputation Evidence
16 Character: Specific Acts Evidence
17 Commercial Lists and the Like
18 Community History, Public Interest in Property, and Boundaries
19 Credibility
20 Declarations Against Interest
21 Dispositive Instruments and Ancient Writings
22 Dying Declarations
23 Experiments and Scientific Tests
24 Expert Witnesses
25 Family History: Statements, Reputation, and Records
26 Felony Conviction: To Impeach in Civil Trials
27 Prior Convictions: To Impeach in Criminal Trials
28 Former Testimony
29 Habit or Custom Evidence
30 Judgments Offered in Civil Cases
31 Judicial Notice
32 Lay Witnesses: Competence and Qualification
33 Lay Witnesses: Opinion Testimony
34 Lay Witnesses: Rehabilitation
35 Nonhearsay
36 Official Records and Writings
37 Parol Evidence
38 Past Recollection Recorded
39 Physical Evidence
40 Prior Consistent Statements
41 Prior Inconsistent Statements
42 Prior Identifications
43 Privileges and Confidential Communications
44 Refreshing Recollection
45 Relevance
46 Remainder Offered to Explain Part Admitted
47 Secondary Evidence Rule: Copies and Other Evidence to Prove Content of Writing
48 Secondary Evidence Rule: Oral Testimony to Prove Content of Writing
49 Spontaneous and Contemporaneous Statements; Statements by Abuse Victims
50 Statements of State of Mind, Emotion, or Physical Sensation
51 Stipulations; Undisputed Facts
52 Subsequent Repairs or Other Remedial Conduct
53 Wills and Claims Against Estates: Admissible Relevant Statements
54 Electronic and Social Media Evidence

Evidence

Jefferson’s California Evidence Benchbook

1 Hearsay and Nonhearsay Evidence
2 Hearsay Exceptions: General Principles
3 Admissions and Confessions
4 Business Records
5 Official Records and Writings
6 Declarations Against Interest
7 Dying Declarations
8 Former Testimony
9 Judgments
10 Prior Inconsistent and Consistent Statements of Witness
11 Past Recollection Recorded
12 Prior Identification
13 Spontaneous and Contemporaneous Statements
14 Statements of State of Mind, Emotion, or Physical Sensation
15 Statements Concerning Wills and Claims Against Estates
16 Statements and Reputation About Family History
17 Dispositive Instruments and Ancient Writings
18 Miscellaneous Hearsay Exceptions
19 Evidence: Definitions and Distinctions
20 Objections; Limited Admissibility; Rule of Completeness
21 Relevancy: General Principles
22 Court’s Discretion to Exclude Relevant Evidence Under Evid C §§352–352.1
23 Use of Prior Convictions to Attack Credibility of Witness
24 Determination of Preliminary Facts: General Principles
25 Determining Preliminary Facts Under Evid C §403: Relevancy, Personal Knowledge, Identity, and Authenticity
26 Determining Other Preliminary Facts Under Evid C §405
27 Competency and Qualification of Witnesses
28 Method and Scope of Examination of Witnesses
29 Attacking and Supporting Credibility of Witnesses
30 Opinion Testimony From Expert and Lay Witnesses
31 Authentication and Proof of Writings
32 Proving Contents of Writings and the Secondary Evidence Rule
33 Admissibility of Electronic Evidence
34 Parol Evidence Rule
35 Evidence of Character, Habit, and Custom
36 Other Items of Evidence Affected or Excluded by Extrinsic Policies
37 Privileges: General Provisions
38 Marital Privileges
39 Physician-Patient Privilege
40 Psychotherapist-Patient Privilege
41 Clergy-Penitent, Counselor-Victim, and Similar Privileges
42 Lawyer-Client Privilege
43 Attorney Work Product Doctrine
44 Official-Information Privilege
45 Identity-of-Informer Privilege
46 Privilege Against Self-Incrimination
47 Burdens of Proof and of Producing Evidence
48 Presumptions
49 Judicial Notice

Evidence

Scientific Evidence and Expert Testimony in California

1 Introducing Scientific Evidence

2 Presenting and Challenging Expert Testimony on Scientific Evidence
3 Evidence of Alcohol and Marijuana Intoxication
4 Forensic Toxicology and the Use of Drug Evidence
5 DNA Evidence
6 Origin and Cause of Fire
7 Digital Forensics Investigations in Corporate Environments
8 Forensic Accounting
9 Global Positioning Systems (GPS), Cell Phones, and Other Tracking Devices

Litigation Practice and Procedure

California Attorney Fee Awards

1 Recovery of Attorney Fees: An Overview
2 Eligibility and Entitlement to Fees
3 Fee-Shifting Statutes
4 Fee Awards Based on Contractual Fee Clauses
5 Attorney Fee Awards Based on Equitable Theories
6 Attorney Fees Awarded as Sanctions
7 Fees as Damages
8 Methods of Fee Calculation
9 Determining the Lodestar
10 Determining Adjustments to the Lodestar
11 Claiming and Opposing Trial Court Fees
12 Obtaining Fees for Appellate Services
13 Attorney Fees Awarded for Administrative Proceedings
14 Procedures for Claiming and Opposing Fees for Work in Arbitration
15 Collecting Fee Awards
16 Appellate Review of Fee Orders
17 Forms

Litigation Practice and Procedure

California Attorney’s Guide to Damages

1 Contract
2 Real Estate Seller/Buyer
3 Labor
4 Landlord/Tenant
5 Injury to Property
6 Intellectual Property Infringement and Misappropriation
7 Tax Aspects

Litigation Practice and Procedure

California Civil Discovery Practice

1 The Right to Discovery and Its Scope
2 Creating a Discovery Plan
3 Evaluating Privileges, Work Product, and Other Protections
4 Conducting Discovery in a Digital World: Managing Electronically Stored Information
5 Deposition Procedures
6 Taking and Defending Oral Depositions
7 Interrogatories
8 Demands for Inspection or Production
9 Requests for Admission
10 Physical and Mental Examinations
11 Exchange of Expert Information
12 Depositions in Other States
13 Discovery in Other Nations
14 Discovery in Limited Civil Cases
15 Discovery Motion Practice and Sanctions
16 Writs and Appeals

Litigation Practice and Procedure

California Civil Litigation Reporter

Volume 31 / Number 6 / December 2009
Volume 31 / Number 5 / October 2009
Volume 31 / Number 4 / August 2009
Volume 31 / Number 3 / June 2009
Volume 31 / Number 2 / April 2009
Volume 31 / Number 1 / February 2009
Volume 30 / Number 6 / December 2008
Volume 30 / Number 5 / October 2008
Volume 30 / Number 4 / August 2008
Volume 30 / Number 3 / June 2008
Volume 30 / Number 2 / April 2008
Volume 30 / Number 1 / February 2008
Volume 30 / INDEX
Volume 29 / Number 6 / December 2007
Volume 29 / Number 5 / October 2007
Volume 29 / Number 4 / August 2007
Volume 29 / Number 3 / June 2007
Volume 29 / Number 2 / April 2007
Volume 29 / Number 1 / February 2007
Volume 29 / INDEX
Volume 28 / Number 6 / December 2006
Volume 28 / Number 5 / October 2006
Volume 28 / Number 4 / August 2006
Volume 28 / Number 3 / June 2006
Volume 28 / Number 2 / April 2006
Volume 28 / Number 1 / February 2006
Volume 28 / INDEX
Volume 27 / Number 6 / December 2005
Volume 27 / Number 5 / October 2005
Volume 27 / Number 4 / August 2005
Volume 27 / Number 3 / June 2005
Volume 27 / Number 2 / April 2005
Volume 27 / Number 1 / February 2005
Volume 27 / INDEX
Volume 26 / Number 6 / December 2004
Volume 26 / Number 5 / October 2004
Volume 26 / Number 4 / August 2004
Volume 26 / Number 3 / June 2004
Volume 26 / Number 2 / April 2004
Volume 26 / Number 1 / February 2004
Volume 26 / INDEX
Volume 25 / Number 6 / December 2003
Volume 25 / Number 5 / October 2003
Volume 25 / Number 4 / August 2003
Volume 25 / Number 3 / June 2003
Volume 25 / Number 2 / April 2003
Volume 25 / Number 1 / February 2003
Volume 25 / INDEX
Volume 24 / Number 8 / December 2002
Volume 24 / Number 7 / November 2002
Volume 24 / Number 6 / September 2002
Volume 24 / Number 5 / August 2002
Volume 24 / Number 4 / June 2002
Volume 24 / Number 3 / May 2002
Volume 24 / Number 2 / March 2002
Volume 24 / Number 1 / February 2002
Volume 23 / Number 8 / December 2001
Volume 23 / Number 7 / November 2001
Volume 23 / Number 6 / September 2001
Volume 23 / Number 5 / August 2001
Volume 23 / Number 4 / June 2001
Volume 23 / Number 3 / May 2001
Volume 23 / Number 2 / March 2001
Volume 23 / Number 1 / February 2001
Volume 22 / Number 8 / December 2000
Volume 22 / Number 7 / November 2000
Volume 22 / Number 6 / September 2000
Volume 22 / Number 5 / August 2000
Volume 22 / Number 4 / June 2000
Volume 22 / Number 3 / May 2000
Volume 22 / Number 2 / March 2000
Volume 22 / Number 1 / February 2000
Volume 21 / Number 8 / December 1999
Volume 21 / Number 7 / November 1999
Volume 21 / Number 6 / September 1999
Volume 21 / Number 5 / August 1999

Litigation Practice and Procedure

California Civil Procedure Before Trial

1 Accepting Cases and Implementing Office Procedures
2 Avoiding Conflicts of Interest
3 Representation Agreements
4 Changing Representation During Suit
5 Client Fee Dispute Arbitrations
6 California Jurisdiction
7 Federal Jurisdiction
8 Venue
9 Prelitigation Claims, Notices, and Petitions for Guardians Ad Litem
10 Fee Waiver
11 Pleadings and Court Papers
12 Noticed Motions
13 Ex Parte Motions and Orders to Show Cause
14 Ascertaining, Joining, and Naming Parties
15 Complaints
16 Amending Complaints
17 Service of Summons
18 Service of Papers
19 Motions to Quash
20 Motions to Change Venue
21 Motions to Stay or Dismiss for Inconvenient Forum
22 Removal to Federal Court
23 Demurrers
24 Motions to Strike
24A Anti-SLAPP Motions
25 Answers
26 Cross-Complaints
27 Motions for Judgment on the Pleadings
28 Interpleader
29 Security for Costs
30 Bill of Particulars
31 Intervention
32 Injunctions and Other Provisional Remedies
33 Receivership
34 Deposit in Court
35 Declaratory Relief
36 Summary Judgment
37 Judicial Arbitration
38 Default
39 Dismissal
40 Case Management Conferences
41 Jury Trial Demands
42 Trial Preference and Continuance Motions
43 Consolidation and Severance
44 Coordination
45 Alternative Dispute Resolution
46 Negotiation and Case Settlement
47 Offers to Allow Judgment (CCP §998)
48 Submitted Case and Consent Judgment
49 Sliding Scale and Structured Settlements
50 Good Faith Settlement

Litigation Practice and Procedure

California Expert Witness Guide

1 Overview
2 Subject Matter of Expert Testimony
3 Skill Necessary to Be Expert
4 Information Relied on by Expert
5 Expert’s Opinion: Certainty Required, Testimony on Ultimate Issue, Effect
6 Types of Experts
7 Locating and Retaining Best Expert
8 Dealing With Counsel’s Own Expert
9 Inspections, Tests, Experiments, and Demonstrative Evidence
10 Discovering Identity and Noticing Depositions of Opposing Experts
11 Expert’s Deposition in Civil Case
12 Preparing Expert for Deposition and Trial
13 Direct Examination of Expert at Trial
14 Alternatives to Cross-Examination
15 Cross-Examination of Opposing Experts at Trial
16 Experts and Summary Judgment Process

Litigation Practice and Procedure

California Summary Judgment

1 Strategic Overview
2 Availability of Relief
3 Timing Requirements and Planning Strategies
4 Evidentiary Burdens and Presumptions
5 Developing and Proffering Evidence
6 Moving Papers
7 Opposition Papers
8 Reply Papers
9 Objections to Evidence
10 Hearing and Oral Argument
11 Decision and Order
12 Challenging the Decision
13 Considerations in Particular Cases: Unlawful Detainer and Employment Discrimination
14 Forms

Litigation Practice and Procedure

California Trial Objections

1 Right to Present Relevant Evidence
2 Motions in Limine
3 Order of Proof
4 Objecting to Evidence
5 Responding to Objections
6 Objections to Jury Voir Dire
7 Question Is Ambiguous or Unintelligible
8 Question Is Compound
9 Question Is Too General
10 Question Calls for Narrative Answer
11 Question Has Been Asked and Answered
12 Question Misquotes Witness
13 Question Is Leading
14 Question Is Argumentative
15 Question Assumes Fact in Dispute or Not in Evidence
16 Question Calls for Speculation
17 Irrelevant Evidence
18 Incompetent Witness
19 Hearsay
20 Inadmissible Opinion
21 Insufficient Foundation
22 Improper Impeachment
23 Improper Rehabilitation
24 Excluding Secondary Evidence
25 Inadmissible Parol Evidence
26 Cross-Examination Exceeds Scope of Direct Examination
27 Corpus Delicti Not Proved
28 Illegally Obtained Evidence
29 Objecting to Misconduct
30 Unduly Inflammatory
31 Excluding Relevant Evidence Under Evid C §352
32 Other Policy Exclusions of Evidence
33 Privileges: General Rules and Considerations
34 Attorney-Client Privilege
35 Work Product Doctrine
36 Physician-Patient Privilege
37 Psychotherapist-Patient Privilege
38 Sexual Assault Counselor-Victim Privilege
39 Domestic Violence Counselor-Victim Privilege
39A Human Trafficking Caseworker-Victim Privilege
40 Privilege for Confidential Marital Communications
41 Privilege Not to Testify Against Spouse
42 Privilege Not to Be Called as Witness Against Spouse
43 Privilege for Official Information
44 Privilege for Identity of Informer
45 Trade Secrets Privilege
46 Privilege Against Self-Incrimination
47 Privilege of Defendant in Criminal Case Not to Be Called and Not to Testify
48 Journalist’s Immunity From Contempt
49 Voter’s Privilege
50 Penitent’s Privilege
51 Cleric’s Privilege
52 Motion to Strike
53 Jury Admonitions
54 Motion for Continuance
55 Extraordinary Writs
56 Motion for Mistrial
57 Contempt

Litigation Practice and Procedure

California Trial Practice: Civil Procedure During Trial

1 Handling Trials Efficiently
2 Completing Pretrial Procedures
3 Organizing Trial Materials
4 Compelling Attendance and Production of Evidence
5 Preparing Witnesses for Trial
6 Court Conferences and Selected Pretrial Motions
7 Motions in Limine
8 Jury Selection
9 Opening Statement
10 Evidence Overview
11 Examining Witnesses
12 Effective Use of Discovery
13 Trial Exhibits
14 Judicial Notice, Admissions, and Stipulations
15 Making Trial Objections and Protecting the Record
16 Misconduct of Counsel and Court
17 Jury Management
18 Motions During Trial
19 Closing Argument
20 Jury Instructions
21 Jury Deliberations
22 Verdicts
23 Judgments
24 Bench Trials
25 Motions After Trial
26 Recovering Attorney Fees
27 Recovering Costs and Obtaining Interest

Litigation Practice and Procedure

Effective Direct and Cross-Examination

1 Strategy and Tactics
2 Direct Examination
3 Preparing to Cross-Examine
4 Time-Honored Rules of Cross-Examination–And When to Break Them
5 Conducting Cross-Examination
6 Preparing Favorable Witnesses for Cross-Examination
7 Experts
8 Recurring Examinations
9 Depositions
10 Examination of Jurors
11 Objections and Evidence
12 Organizing for Trial
13 Mastering Trial Skills

Litigation Practice and Procedure

Enforcing Civil Money Judgments

I. Before Meeting With Client
II. Before Accepting Case
III. Before Enforcing Judgment
IV. When Identifying Property Subject to Enforcement
V. When Deciding How to Enforce Judgment
VI. When Creating Liens on Judgment Debtor’s Property
VII. When Executing on a Judgment Generally
VIII. When Levying on Real Property
IX. When Levying on Particular Property
X. After Levying on Property

Litigation Practice and Procedure

Handling Depositions

I. When Planning Deposition
II. If Deposition of Party or Nonparty Lay Witness (Without Motion to Compel)
III. If Deposition of Expert Witness
IV. When Noticing Deposition
V. When Requesting Production of Consumer Records
VI. When Requesting Production of Employment Records
VII. When Motion Needed to Obtain Deposition
VIII. Before Deposition
IX. At Deposition
X. After Deposition
XI. Before Trial
XII. At Trial

Litigation Practice and Procedure

Handling Expert Witnesses in California Courts

I. When Considering an Expert
II. When Selecting Your Expert
III. After Retaining an Expert
IV. When Exchanging Expert Witness Information
V. Motions Concerning Expert Information Exchange
VI. When Deposing and Defending Expert Witness
VII. Before Trial
VIII. Handling Direct Examination of Your Expert Witness
IX. Handling Opponent’s Expert at Trial

Litigation Practice and Procedure

Handling Motions to Compel and Other Discovery Motions

I. Understand Effects of Trial Court Delay Reduction Act on Your Case
II. Before Moving to Compel
III. Preparing Discovery Motion
IV. Requesting Sanctions
V. Making Discovery Motion
VI. After Moving Papers Filed and Served
VII. If Motion Concerns Taking or Opposing Taking of Deposition
VIII. If Motion Concerns Compliance With Deposition Procedures
IX. If Motion Concerns Interrogatories
X. If Motion Concerns Production and Inspection
XI. If Motion Concerns Requests for Admissions
XII. Compelling Special Limited Civil Case Discovery

Litigation Practice and Procedure

Handling Subpoenas

I. Before Issuing a Subpoena
II. Seeking Discovery From a Witness
III. Requesting Attendance or Production at a Civil Trial or Other Nondeposition Proceeding
IV. Serving the Deposition or Civil Subpoena
V. Paying Witness Fees and Costs
VI. Requesting Production of Consumer Records at Deposition or Trial
VII. Requesting Production of Employment Records at Deposition or Trial
VIII. Seeking Electronically Stored Information
IX. Anticipating Objections to Subpoenas
X. Handling the Witness Who Disobeys a Subpoena

Litigation Practice and Procedure

Meeting Statutory Deadlines: During and After Litigation

I. To Determine Deadlines
II. Deadlines After Filing Complaint
III. Defendant’s Deadlines After Service
IV. Deadlines for Plaintiff/Cross-Complainant During Litigation
V. Deadlines for Any Party During Litigation
VI. Deadlines for Discovery
VII. Deadlines for Trial or Arbitration
VIII. Deadlines After Judgment
IX. Deadlines for Appellate Writs
X. Deadlines for Appeal
XI. Deadlines for Enforcing Judgments

Litigation Practice and Procedure

California Civil Writ Practice

1 Overview of Superior Court Writ Practice
2 Traditional Mandate
3 Administrative Mandamus
4 Other Superior Court Writs
5 Initiating a Superior Court Writ Proceeding
6 Requesting a Stay in a Superior Court Writ Proceeding
7 The Record in Superior Court Writ Proceedings
8 Responsive Pleadings and Petitioner’s Reply in Superior Court Writ Proceedings
9 Action by Superior Court
10 Enforcing Writs Issued by Superior Court
11 Challenging the Superior Court’s Decision
12 Writ Petitions in Limited Civil and Small Claims Cases
13 Superior Court Forms
14 Overview of Appellate Court Writ Practice
15 Common Appellate Writs and Basic Requirements
16 Availability of Appellate Writ Relief
17 Determining Whether to File an Appellate Court Writ Petition
18 Initiating a Writ Proceeding in the Court of Appeal
19 Requesting a Stay in an Appellate Court Writ Proceeding
20 The Record in Appellate Court Writ Proceedings
21 Preliminary Opposition in an Appellate Court Writ Proceeding
22 Initial Action by Court of Appeal
23 Opposition and Reply in an Appellate Court Writ Proceeding
24 Action by Court of Appeal After Issuance of Palma Notice, Alternative Writ, or Order to Show Cause
25 Review of Court of Appeal’s Action on Writ Petition
26 Petition for Writ of Supersedeas
27 Petitions in the California Supreme Court
28 Court of Appeal and Supreme Court Forms

Litigation Practice and Procedure

Obtaining a Writ of Attachment

I. Before Seeking Writ
II. When Seeking Writ
III. After TPO or Right to Attach Order Is Issued

Litigation Practice and Procedure

Obtaining Discovery: Initiating and Responding to Discovery Procedures

I. Recognize Effects of Trial Court Delay Reduction Act on Your Case
II. Before Initiating Discovery
III. When Seeking Oral Deposition
IV. When Obtaining Discovery by Written Deposition
V. When Obtaining Discovery by Interrogatories
VI. When Demanding Production of Documents, ESI, Physical Evidence, and Real Property
VII. When Requesting Admission of Facts, Opinions, or Genuineness of Documents
VIII. When Obtaining Physical or Mental Examination of Party
IX. When Obtaining Discovery in Limited Civil Cases
APPENDIX A Form Interrogatories–General (Judicial Council Form DISC-001)
APPENDIX B Sample Declaration for Additional Discovery (Interrogatories)
APPENDIX C Requests for Admission (Judicial Council Form DISC-020)
APPENDIX D Sample Declaration for Additional Discovery (Requests for Admissions)
APPENDIX E Sample Stipulation
APPENDIX F Sample Record of Discovery
APPENDIX G Sample Objections to Discovery Devices

Litigation Practice and Procedure

Persuasive Opening Statements and Closing Arguments

1 Similarities and Differences Between Opening Statements and Closing Arguments; Importance of Juror Psychology
2 Practical and Legal Aspects of Preparing and Presenting Statements and Arguments
3 Permissible Content Used in Statements and Arguments and Misconduct Issues
4 Arguing for Punitive Damages
5 Opening Statements, Closing Argument; Analysis: Personal Injury Case
6 Plaintiff’s Opening Statement (to Court): Fraud Case
7 Defense Opening Statement and Closing Argument: Commercial Case
8 Plaintiff’s Opening Statement, Closing Argument, and Rebuttal: Bad Faith Case
9 Defendant’s Opening Statement and Closing Argument to Jury: Antitrust Case

Litigation Practice and Procedure

Preparing for Trial

I. Before Case Management Conference
II. Before Completion of Discovery
III. When Case Is Set for Judicial Arbitration
IV. After Trial Date Is Set
V. When Preparing for Trial
VI. 120 to 60 Days Before Trial
VII. 60 to 40 Days Before Trial
VIII. 40 to 20 Days Before Trial
IX. 20 Days Before Trial

Law Practice Management

California Basic Practice Handbook

1 Opening a Law Practice and Ethically Representing Clients
2 Alternative Dispute Resolution
3 Preparing, Filing, and Serving Complaints and Answers
4 Pretrial Discovery: A Step-by-Step Approach
5 Law and Motion Practice
6 Basic Criminal Practice
7 Personal Injury
8 Uncontested Marital Dissolutions
9 Employment Cases
10 Workers’ Compensation Cases
11 Residential Landlord-Tenant Issues
12 Sale of Residence
13 Basic Personal Bankruptcy Law
14 Administering Decedents’ Small Estates
15 Basic Estate Planning and Drafting
16 Debt Collection

Law Practice Management

California Client Communications Manual: Sample Letters and Forms

1 Initial Contact With Prospective Client
2 Nonengagement: Letters Declining Representation
3 General Attorney-Client Fee Agreements
4 Consent to Representation After Disclosing Conflict of Interest
5 Status Reports and Notices About Case to Client
6 Requests for Documents From Client
7 Termination Notices to Client
8 Retention and Disposition of Client Files
9 Fee Collection Letters and Related Lien Matters
10 Fee Arbitration Notices

Law Practice Management

Fee Agreement Forms Manual

1 Fee Agreement—Sample Provisions and Commentary
2 Business Law—Sample Fee Agreements and Conflicts Letter
3 Civil Litigation—Sample Fee Agreement and Consent to Fee-Splitting
4 Consumer Chapter 7 Bankruptcy—Sample Fee Agreement with Exhibits
5 Criminal Defense—Sample Fee Agreement and Substitution of Counsel Letter
6 Debt Collection—Sample Fee Agreements
7 Elder Law Litigation—Sample Fee Agreement
8 Estate Planning—Sample Fee Agreement
9 Limited Scope Representation—Sample Fee Agreements and Checklists
10 Marital Dissolution—Sample Fee Agreements
11 Medical Malpractice—Sample Fee Agreement
12 Personal Injury—Sample Fee Agreement and Health Care Provider Lien Agreement
13 Probate—Sample Fee Agreements
14 Unlawful Detainer—Sample Fee Agreement
15 Wrongful Termination—Sample Fee Agreement
16 Completion of Representation Letter and Nonengagement Letter
17 Statutes and Rules

Personal Injury

California Government Tort Liability Practice

1 Overview of the Government Claims Act
2 Representation of Claimant or Defendant
3 Identifying Public Entity and Public Employee Defendants
4 Defense and Indemnification
5 Overview of Claim Procedures
6 Preparation, Presentation, and Consideration of Claim
7 Late Claim Proceedings; Tolling Limitation Period
8 Bringing the Action
9 General Principles of Public Entity and Public Employee Liability
10 General Immunities of Public Entities and Employees
11 Liabilities and Immunities in Specific Functional Areas
12 Dangerous Condition of Public Property
13 Federal Civil Rights Act

Personal Injury

California Liability Insurance Practice: Claims and Litigation

1 Basic Liability Insurance Terms and Types of Liability Policies
2 Overview of Rights and Obligations Under the Policy
3 Analyzing Coverage: Reading and Interpreting Insurance Policies
4 Determining Whether Insurer Must Defend
5 Determining Whether Enforceable Obligation Exists
6 Overview of the Claims Process
7 Initiating a Claim
8 Identifying Sources of Coverage; Tendering Defense to Insurer
9 Investigating the Claim
10 Responding to Tender
11 Insured’s Role in Defense
12 Conducting the Defense
13 Defending With Independent Counsel for Insured
14 General Insurance Considerations in Settlement
15 Special Considerations in Settlement
16 Claims Involving Multiple Insurers and Overlapping Coverage
17 Claims Involving Excess Insurance
18 Claims Involving Insurer Insolvency
19 Overview of Claim-Related Actions
20 Actions for Declaratory Relief
21 Rescission and Reformation
22 Interpleader
23 Contribution, Subrogation, and Indemnity
24 General Principles of Contract and Bad Faith Actions
25 Actions for Failure to Defend
26 Actions for Failure to Settle

State and Local Government

The Municipal Law Handbook

1 Nature of Municipal Corporations
2 Open Government and Ethics
3 Elections
4 Personnel
5 Finance and Economic Development
6 Municipal Services and Utilities
7 Public Contracting
8 Public Property
9 Regulating Businesses and Personal Conduct
10 Land Use
11 Protecting the Environment
12 Code Enforcement
13 Liability and Litigation

Personal Injury

California Automobile Insurance Law Guide

1 Overview of Automobile Insurance
2 The Insuring Agreements
3 Persons and Entities Insured
4 Vehicles Insured
5 Exclusions From Coverage
6 Statutory Requirements
7 First Party Coverages: Injuries to Insured and Insured’s Property
8 Termination of Policies
9 Duty to Defend
10 Reciprocal Duties of Insured and Insurer; Duty of Good Faith
11 ‘Other Insurance’ and Relationship Among Insurers

Personal Injury

California Government Tort Liability Practice

1 Overview of the Government Claims Act
2 Representation of Claimant or Defendant
3 Identifying Public Entity and Public Employee Defendants
4 Defense and Indemnification
5 Overview of Claim Procedures
6 Preparation, Presentation, and Consideration of Claim
7 Late Claim Proceedings; Tolling Limitation Period
8 Bringing the Action
9 General Principles of Public Entity and Public Employee Liability
10 General Immunities of Public Entities and Employees
11 Liabilities and Immunities in Specific Functional Areas
12 Dangerous Condition of Public Property
13 Federal Civil Rights Act
APPENDIX Government Claims Act

Personal Injury

California Liability Insurance Practice: Claims and Litigation

1 Basic Liability Insurance Terms and Types of Liability Policies
2 Overview of Rights and Obligations Under the Policy
3 Analyzing Coverage: Reading and Interpreting Insurance Policies
4 Determining Whether Insurer Must Defend
5 Determining Whether Enforceable Obligation Exists
6 Overview of the Claims Process
7 Initiating a Claim
8 Identifying Sources of Coverage; Tendering Defense to Insurer
9 Investigating the Claim
10 Responding to Tender
11 Insured’s Role in Defense
12 Conducting the Defense
13 Defending With Independent Counsel for Insured
14 General Insurance Considerations in Settlement
15 Special Considerations in Settlement
16 Claims Involving Multiple Insurers and Overlapping Coverage
17 Claims Involving Excess Insurance
18 Claims Involving Insurer Insolvency
19 Overview of Claim-Related Actions
20 Actions for Declaratory Relief
21 Rescission and Reformation
22 Interpleader
23 Contribution, Subrogation, and Indemnity
24 General Principles of Contract and Bad Faith Actions
25 Actions for Failure to Defend
26 Actions for Failure to Settle
27 Claimant’s Direct Action for Recovery of Judgment
28 Other Actions for Improper Claims Conduct
29 Actions Against Agents and Brokers
APPENDIX Comprehensive General Liability Policies

Personal Injury

California Personal Injury Proof

1 Examining Witnesses
2 Impeachment
3 Plaintiff
4 Police Officers
5 Technical Experts
6 Medical Experts
7 Other Witnesses on Damages
8 Handling Exhibits and Demonstrations
9 Police Accident Reports
10 Discovery Documents
11 Business Records
12 Official Records
13 Hospital and Medical Records
14 Medical Bills
15 Photographs
16 X-Ray Films
17 Audiovisual Recordings and Computer-Generated Presentations
18 Models
19 Maps and Diagrams
20 Judicial Notice

Personal Injury

California Tort Damages

1 Bodily Injury
2 Loss of Consortium
3 Wrongful Death
4 Survival Actions
5 Wrongful Life and Birth
6 Emotional Distress
7 Assault and Battery
8 Defamation
9 Invasion of Privacy
10 Malicious Prosecution
11 Abuse of Process
12 False Arrest and False Imprisonment
13 Vehicles and Other Personal Property
14 Punitive Damages
15 Restrictions on Recovery
16 Reimbursement Claims and Liens

Personal Injury

California Tort Guide

1 General Principles
2 Airplanes
3 Animals
4 Automobiles
5 Carriers
6 Construction Work
7 Electricity
8 Governmental Liability
9 Medical Malpractice
10 Premises Liability
11 Product Liability
12 Railroad Crossings
13 Pharmaceuticals and Medical Devices

Personal Injury

California Uninsured Motorist Practice

1 Uninsured Motorist Act
2 Preparing Claimant’s Case
3 Defending an Uninsured Motorist Case
4 Discovery
5 Settling Claimant’s Case
6 Compelling Arbitration—Declaratory Relief
7 Arbitration Hearing
8 Arbitration Award
9 Court Review of Arbitration Award
10 Guidelines for Arbitrators

Workers’ Compensation

California Workers’ Damages Practice

1 Concepts and Terminology
2 Attorneys’ Obligations
3 Workers’ Lawsuits Against Third Parties
4 Lawsuits Against Employers
5 Lawsuits Against Coemployees
6 Lawsuits Against Workers’ Compensation Insurers
7 Employers’ Reimbursement Claims
8 Employers’ Credit Claims
9 Third Parties’ Defenses and Rights

Litigation Practice and Procedure

California Civil Discovery Practice

1 The Right to Discovery and Its Scope
2 Creating a Discovery Plan
3 Evaluating Privileges, Work Product, and Other Protections
4 Conducting Discovery in a Digital World: Managing Electronically Stored Information
5 Deposition Procedures
6 Taking and Defending Oral Depositions
7 Interrogatories
8 Demands for Inspection or Production
9 Requests for Admission
10 Physical and Mental Examinations
11 Exchange of Expert Information
12 Depositions in Other States
13 Discovery in Other Nations
14 Discovery in Limited Civil Cases
15 Discovery Motion Practice and Sanctions
16 Writs and Appeals

Litigation Practice and Procedure

California Civil Procedure Before Trial

1 Accepting Cases and Implementing Office Procedures
2 Avoiding Conflicts of Interest
3 Representation Agreements
4 Changing Representation During Suit
5 Client Fee Dispute Arbitrations
6 California Jurisdiction
7 Federal Jurisdiction
8 Venue
9 Prelitigation Claims, Notices, and Petitions for Guardians Ad Litem
10 Fee Waiver
11 Pleadings and Court Papers
12 Noticed Motions
13 Ex Parte Motions and Orders to Show Cause
14 Ascertaining, Joining, and Naming Parties
15 Complaints
16 Amending Complaints
17 Service of Summons
18 Service of Papers
19 Motions to Quash
20 Motions to Change Venue
21 Motions to Stay or Dismiss for Inconvenient Forum
22 Removal to Federal Court
23 Demurrers
24 Motions to Strike
24A Anti-SLAPP Motions
25 Answers
26 Cross-Complaints
27 Motions for Judgment on the Pleadings
28 Interpleader
29 Security for Costs
30 Bill of Particulars
31 Intervention
32 Injunctions and Other Provisional Remedies
33 Receivership
34 Deposit in Court
35 Declaratory Relief
36 Summary Judgment
37 Judicial Arbitration
38 Default
39 Dismissal
40 Case Management Conferences
41 Jury Trial Demands
42 Trial Preference and Continuance Motions
43 Consolidation and Severance
44 Coordination
45 Alternative Dispute Resolution
46 Negotiation and Case Settlement
47 Offers to Allow Judgment (CCP §998)
48 Submitted Case and Consent Judgment
49 Sliding Scale and Structured Settlements
50 Good Faith Settlement

Law Practice Management

California Basic Practice Handbook

1 Opening a Law Practice and Ethically Representing Clients
2 Alternative Dispute Resolution
3 Preparing, Filing, and Serving Complaints and Answers
4 Pretrial Discovery: A Step-by-Step Approach
5 Law and Motion Practice
6 Basic Criminal Practice
7 Personal Injury
8 Uncontested Marital Dissolutions
9 Employment Cases
10 Workers’ Compensation Cases
11 Residential Landlord-Tenant Issues
12 Sale of Residence
13 Basic Personal Bankruptcy Law
14 Administering Decedents’ Small Estates
15 Basic Estate Planning and Drafting
16 Debt Collection

Law Practice Management

California Client Communications Manual: Sample Letters and Forms

1 Initial Contact With Prospective Client
2 Nonengagement: Letters Declining Representation
3 General Attorney-Client Fee Agreements
4 Consent to Representation After Disclosing Conflict of Interest
5 Status Reports and Notices About Case to Client
6 Requests for Documents From Client
7 Termination Notices to Client
8 Retention and Disposition of Client Files
9 Fee Collection Letters and Related Lien Matters
10 Fee Arbitration Notices

Law Practice Management

Fee Agreement Forms Manual

1 Fee Agreement—Sample Provisions and Commentary
2 Business Law—Sample Fee Agreements and Conflicts Letter
3 Civil Litigation—Sample Fee Agreement and Consent to Fee-Splitting
4 Consumer Chapter 7 Bankruptcy—Sample Fee Agreement with Exhibits
5 Criminal Defense—Sample Fee Agreement and Substitution of Counsel Letter
6 Debt Collection—Sample Fee Agreements
7 Elder Law Litigation—Sample Fee Agreement
8 Estate Planning—Sample Fee Agreement
9 Limited Scope Representation—Sample Fee Agreements and Checklists
10 Marital Dissolution—Sample Fee Agreements
11 Medical Malpractice—Sample Fee Agreement
12 Personal Injury—Sample Fee Agreement and Health Care Provider Lien Agreement
13 Probate—Sample Fee Agreements
14 Unlawful Detainer—Sample Fee Agreement
15 Wrongful Termination—Sample Fee Agreement
16 Completion of Representation Letter and Nonengagement Letter
17 Statutes and Rules

Business Entities

Forming and Operating California Limited Liability Companies

1 Statutory and Regulatory Framework
2 Community Association Governance (Directors and Members)
3 Taxation of Community Associations
4 Liability of Association and Directors
5 Assessment Obligations and Association Finances
6 Commonly Encountered Restrictions
7 Internal Enforcement of Governing Documents; Dispute Resolution
8 Unlawful Discrimination
9 Amending the Governing Documents
10 Issues Associated With Developer Transition
11 Construction Defects
12 Litigation Involving the Association
APPENDIX A Restated Articles of Incorporation
APPENDIX B Restated Bylaws
APPENDIX C First Restated Declaration of Covenants, Conditions, and Restrictions
APPENDIX D Code of Ethics and Conflict-of-Interest Policy
APPENDIX E Sample Procedure for Responding to Requests for Reasonable Accommodation
APPENDIX F Sample Resolution Adopting Code of Conduct and Ethics for Association Directors[Name of Association] Board of Directors Code of Conduct and Ethics

Business Entities

Selecting and Forming Business Entities

1 Attorney-Client Relationship
2 Evaluating Entity Choices
3 Selecting a Business Name
4 Choosing the State of Organization
5 General Partnerships
6 Limited Partnerships
7 Limited Liability Partnerships
7A Social Purpose and Benefit Corporations
8 S and C Corporations
9 Close Corporations
10 Professional Corporations
11 Limited Liability Companies
12 Converting Existing Entity to Limited Liability Company

Commercial Leasing Transactions and Disputes

Ground Lease Practice

1 Unique Characteristics of Ground Leases
2 Tax Considerations
3 Parties, Interest, and Premises
4 Conditions to Effectiveness of Lease
5 Lease Term, Option to Extend, Termination, Surrender, and Holdover
6 Option to Purchase and Other Preemptive Purchase Rights
7 Rent, Expense Allocations, Security Deposits, and Other Payments
8 Use Clauses
9 Hazardous Materials
10 Initial Development of Improvements
11 Ground Lease Financing, Subordination of Fee, and Encumbrance
12 Assignment and Subletting
13 Maintenance, Repairs, and Alterations During Lease Term
14 Condemnation
15 Damage, Destruction, Reconstruction, Insurance, and Indemnity
16 Defaults and Remedies
17 Bankruptcy Issues
APPENDIX A Development Ground Lease (Retail Center)
APPENDIX B Single-User Ground Lease (Retail Use)

Commercial Leasing Transactions and Disputes

Office Leasing: Drafting and Negotiating the Lease

1 Drafting and Negotiating Office Leases
1A The Process of Negotiating the Lease and Contract Formation Rules
2 Document Preparation
3 Lease Table of Contents
4 Table of Defined Terms
5 Summary of Basic Lease Information
6 Real Property, Building, and Premises
7 Expansion of Premises
8 Substitution of Other Premises
9 Lease Term
10 Tenant Rights to Lengthen or Shorten Lease Term
11 Base Rent
12 Additional Rent
13 Security Deposit
14 Use
15 Compliance With Laws
16 Hazardous Materials
17 Utilities and Services
18 Repairs and Maintenance
19 Alterations and Additions
20 Covenant Against Liens
21 Exculpation, Indemnification, and Insurance
22 Damage and Destruction
23 Condemnation
24 Assignment and Subleasing
25 Surrender of Premises
26 Holding Over
27 Estoppel Certificates
28 Subordination, Nondisturbance, and Attornment
29 Defaults and Remedies
30 Landlord’s Right to Perform Tenant’s Obligations
31 Late Payments
32 Nonwaiver
33 Dispute Resolution
34 Attorney Fees and Costs
35 Landlord’s Access to Premises
36 Signs
37 Tenant Parking
38 Miscellaneous Clauses
39 Execution of Lease
40 Leasehold Improvement Agreement Exhibit
41 Notice of Basic Lease Information Exhibit
42 Rules and Regulations Exhibit
43 Estoppel Certificate Exhibit
44 Telecommunications
45 Green Leasing
46 Guaranty of Lease
47 Bankruptcy and Lease Credit Enhancements
APPENDIX A Office Lease (Landlord’s Lease)
APPENDIX B Office Lease (Negotiated Lease)
APPENDIX C Sample Turn-Key Landlord Improvement Agreement (Work Letter)
APPENDIX D Sample Leasehold Improvement Agreement Form [Landlord Is Constructing Party] (Landlord’s Form)
APPENDIX E Sample Leasehold Improvement Agreement Form [Landlord Is Constructing Party] (Negotiated Form)
APPENDIX F Sample Leasehold Improvement Agreement Form [Landlord to Construct Shell; Tenant to Construct Leasehold Improvements] (Landlord’s Form)
APPENDIX G Sample Leasehold Improvement Agreement Form [Landlord to Construct Shell; Tenant to Construct Leasehold Improvements] (Negotiated Form)
APPENDIX H Sample Irrevocable Letter of Credit
APPENDIX I Sample Amendment to Lease: Extension of Lease
APPENDIX J Sample Sublease Agreement
APPENDIX K Sample Consent to Sublease Agreement
APPENDIX L Sample Assignment and Assumption of Lease
APPENDIX M Sample Consent to Assignment Agreement
APPENDIX N Sample Subordination, Nondisturbance, and Attornment Agreement (Lender’s Form)
APPENDIX O Sample Subordination, Nondisturbance, and Attornment Agreement (Negotiated Form)
APPENDIX P Sample Telecommunications Site Agreement
APPENDIX Q Sample Special Power of Attorney

Commercial Leasing Transactions and Disputes

Retail Leasing: Drafting and Negotiating the Lease: Drafting and Negotiating the Lease

1 Introduction to Retail Leasing
2 Letters of Intent
3 Summary of Basic Lease Information
4 Premises
5 Lease Term
6 Options to Extend Lease Term
7 Cotenancy Requirements
8 Early Termination Rights
9 Minimum Rent and Additional Rent
10 Late Payments
11 Percentage Rent
12 Real Property Taxes
13 Utilities
14 Common Areas
15 Common Area Costs
16 Use and Trade Names
17 Opening/Operating Covenants, Go Dark Clauses, and Hours of Operation
18 Compliance With Laws
19 Exclusive Use and Radius Restrictions
20 Maintenance of Premises
21 Alterations, Additions, Trade Fixtures, and Personal Property
22 Signage
23 Insurance, Exculpation, and Indemnification
24 Damage and Destruction
25 Condemnation
26 Assignment and Subletting
27 Default and Remedies
28 Bankruptcy Issues
29 Title and Quiet Enjoyment
30 Hazardous Materials
31 Promotional Charges and Advertising
32 Security Deposits and Letters of Credit
33 Holding Over and Surrender of Premises
34 Mechanics Liens
35 Nonwaiver
36 Alternative Dispute Resolution
37 Attorney Fees
38 Miscellaneous Clauses and Execution of Lease
39 Construction Issues
40 Rules and Regulations
41 Estoppel Certificates
42 Guaranty of Lease
43 Memorandum of Lease
44 Subordination, Nondisturbance, and Attornment
APPENDIX A Sample Letter of Intent (Negotiated Form)
APPENDIX B Form of Retail Lease (Landlord’s Form)
APPENDIX C Form of Retail Lease (Tenant’s Form)
APPENDIX D Sample Work Letter (Construction Exhibit) (Negotiated Form)
APPENDIX E Sample Rules and Regulations
APPENDIX F [Deleted]

Common Interest Developments

Advising California Common Interest Communities

1 Statutory and Regulatory Framework
2 Community Association Governance (Directors and Members)
3 Taxation of Community Associations
4 Liability of Association and Directors
5 Assessment Obligations and Association Finances
6 Commonly Encountered Restrictions
7 Internal Enforcement of Governing Documents; Dispute Resolution
8 Unlawful Discrimination
9 Amending the Governing Documents
10 Issues Associated With Developer Transition
11 Construction Defects
12 Litigation Involving the Association
APPENDIX A Restated Articles of Incorporation
APPENDIX B Restated Bylaws
APPENDIX C First Restated Declaration of Covenants, Conditions, and Restrictions
APPENDIX D Code of Ethics and Conflict-of-Interest Policy
APPENDIX E Sample Procedure for Responding to Requests for Reasonable Accommodation
APPENDIX F Sample Resolution Adopting Code of Conduct and Ethics for Association Directors[Name of Association] Board of Directors Code of Conduct and Ethics

Common Interest Developments

Forming California Common Interest Developments

1 Nature and Characteristics of Common Interest Developments
2 Subdivision Map Act and Condominium Plans
3 State Regulation of Common Interest Subdivision Sales
4 Condominium Conversions
5 Time-Share Plans
6 Financing Sales of Units in Common Interest Developments
7 Declaration of Covenants, Conditions, and Restrictions
8 The Transition Period: Forming the Association, Transferring Control to Homeowners, and Addressing Construction Defects (SB 800)
9 Commercial, Industrial, and Mixed-Use Common Interest Developments
10 Master Planned Communities
APPENDIX A Articles of Incorporation of Owners Association
APPENDIX B Bylaws of Owners Association
APPENDIX C Declaration of Covenants, Conditions, and Restrictions
APPENDIX D Declaration of Covenants, Conditions, and Restrictions and Reservation of Easements for a Commercial Condominium
APPENDIX E Mutual Benefit Agreement Between Owners of Mixed-Use Project

Construction Contracts and Disputes

California Construction Contracts, Defects, and Litigation

1 Contractor Licensing; Remedies for Unlicensed Work
2 Drafting Construction Contracts
3 Design-Build
4 Green Building
5 Private Works Contracts: Disputes; Remedies for Breach of Contract
6 Public Works Contracts: Disputes and Remedies
7 Arbitration
8 Architects and Engineers
9 Handling Disputes During Construction
10 Construction Tort Liability
11 Construction Defects: Theories of Liability and Statutes of Repose
12 Construction Defects: Insurance and Express Indemnity
13 Construction Defects: Contribution, Equitable Indemnity, and Good Faith Settlement
14 Construction Defects: Case Management and Mediation
15 Prelitigation and Litigation Requirements Unique to New Residential Construction
APPENDIX A Prime Contract Between Owner and Contractor: Cost Plus Percentage With Guaranteed Maximum
APPENDIX B Case Management Order

Construction Contracts and Disputes

California Mechanics Liens and Related Construction Remedies

1 The Civil Code and Beyond: A User’s Guide to Remedies for Nonpayment During Construction
2 Private Works Remedies: Theories and Applicability
3 Private Works: Enforcing Mechanics Liens, Stop Payment Notices, and Bonds
4 State and Local Public Works: Enforcing Stop Payment Notices, Bonds, and Prompt Payment Statutes
5 Federal Projects: Bond Claims Under the Miller Act
6 Enforcing Lien Rights Against a Debtor in Bankruptcy
7 Representing the Prime Contractor
8 Representing the Owner
9 Representing the Public Entity
10 Bond Claim Procedures and Surety Defenses
11 Representing the Construction Lender

Construction Contracts and Disputes

Handling Mechanics Liens and Related Remedies (Private Works)

I. Before Contract for Work of Improvement Is Signed
II. When Claimant Begins Furnishing Services or Material
III. While Claimant Is Furnishing Services or Material
IV. When Claimant Completes Furnishing Services or Material
V. When Entire Work of Improvement Is Completed
VI. After Recordation of Mechanics Lien and Service of Stop Payment Notice
VII. After Filing and Service of Complaint for Enforcement of Mechanics Lien and Stop Payment Notice
APPENDIX A California Preliminary Notice
APPENDIX B Stop Payment Notice
APPENDIX C Mechanics Lien and Statutory Notice
APPENDIX D Attorney Letter Demanding Release of Mechanics Lien
APPENDIX E Agreement for Extension of Time to Enforce Mechanics Lien
APPENDIX F Design Professional Lien
APPENDIX G Monitoring System for Subcontractor, Supplier, or Equipment Renter (Private Works)
APPENDIX H Notice to Principal and Bonding Company on Payment Bond on Private Work
APPENDIX I Complaint (Private Works)
APPENDIX J Time Sequence Chart for Private Works Remedies

Easements, Boundaries, Access and Neighboring Property Issues

California Easements and Boundaries: Law and Litigation

1 Basic Easement Law: California and the Restatement (Third) of Property: Servitudes
2 Development Easements
3 Miscellaneous Easements
4 Construction-Related Agreements
5 Utility Easements and Access Rights
6 Conservation Easements
7 Road and Railroad Easements
8 Boundary Easements and Neighboring Property Rights
9 Title, Survey, and Title Insurance Issues
10 Litigating Easement and Boundary Disputes

Easements, Boundaries, Access and Neighboring Property Issues

Neighbor Disputes: Law and Litigation

1 Easements
2 Encroachments and Boundaries
3 Earth Movement: Landslide, Subsidence, and Drainage
4 Tree-Related Disputes
5 Non-Boundary Fences
6 Domestic Animals
7 Noise, Odor, and Light
8 Solar and Wind Energy Development and Use
9 Vacancy, Dangerous Conditions, and Blight
10 Criminal Activities
11 Toxic Torts
12 Neighborhood and Home Businesses
13 Light, Air, Views, and Open Space
14 Water Rights Disputes
15 Client Interview
16 Common Causes of Action
17 Remedies Commonly Available
18 Defenses and Cross-Complaints

Environmental, Land Use and Natural Resources

California Land Use Practice

1 Overview of Land Use Regulation
2 General and Specific Plans
3 Growth Management
4 Zoning
5 Sustainability and Climate Change Regulations
6 Housing
7 Conditions of Land Use and Development Approval; Variances; Conditional Use Permits; and Planned Unit Developments
8 Nonconforming Uses
9 Subdivision Map Act
10 Aesthetic Regulation and Design Review
11 Building Regulations
12 Specially Regulated Land Uses
13 Environmental Review and Mitigation
14 Compliance With Federal, State, and Regional Agency Requirements
15 Laws Related to Land Use Regulation
16 Vested Rights
17 Regulatory Takings
18 Exactions: Dedications and Development Impact Fees
19 Substantive and Procedural Due Process and Equal Protection Claims
20 Code Enforcement
21 Land Use Litigation
APPENDIX A Sample Inspection Warrant
APPENDIX B Sample Petition for Writ of Mandate and Complaint for Injunctive Relief

Environmental, Land Use and Natural Resources

California Subdivision Map Act and the Development Process

1 History, Purpose, and Preemption
2 Subdivisions Covered by Subdivision Map Act
3 Determining Which Map Is Required
4 Coordinating Map Act Approvals With Other Land Use Authorizations
5 Processing Subdivision Maps: Attorney’s Role
6 Regulation of Subdivisions: The Police Power, Dedication, and Impact Fees
6A Use of Local Government Districts to Provide Services and Facilities
7 Acquiring Vested Rights
8 Map Conditions
9 Map Approvals and Denials
10 Map Standards and Requirements
11 Enforcement
12 Reversions and Exclusions
13 Judicial Review

Environmental, Land Use and Natural Resources

Practice Under the California Environmental Quality Act

1 Overview of CEQA Process
2 Attorney’s Role in CEQA Process
3 Role of Public Agencies in CEQA Process
4 Is the Activity a Project?
5 Is the Project Exempt?
6 Initial Study: Will Project Have Significant Effect on Environment?
7 Procedural and Substantive Requirements for Negative Declarations
8 Determining Scope and Contents of EIR
9 Requirements for Preparation and Review of Draft EIRs
10 CEQA Streamlining and Special EIR Processes
11 Substantive Requirements for EIRs
12 Project Description, Setting, and Baseline
13 Significant Environmental Effects
14 Mitigation Measures
15 Project Alternatives
16 Final EIRs
17 Project Approval and Findings
18 Mitigation Monitoring and Reporting
19 Subsequent CEQA Review
20 Relationship Between CEQA and Other Statutes and Programs
21 Certified Regulatory Programs
22 Joint Federal-State Environmental Documents
23 CEQA Litigation

Financing and Foreclosures

California Mortgages, Deeds of Trust, and Foreclosure Litigation

1 Basics of Real Property Secured Transactions
2 Trustee Sales
3 Judicial Foreclosure
4 Code of Civil Procedure §726(a): The One-Action Rule
5 The Antideficiency Rules
6 Receiverships, Rents, and Leases
7 Debtor Strategies
8 Payment and Related Disputes
9 Multiple Security, Obligations, and Parties
10 Workouts of Problem Loans
11 Enforcing Secured Loans Against Debtors in Bankruptcy
12 Lender and Broker Liability
13 Special Issues in Consumer Residential Mortgage Loans

Financing and Foreclosures

California Real Estate Finance Practice: Strategies and Forms

1 Introduction to Real Property Financing and Negotiating Techniques
2 The Loan Commitment
3 The Promissory Note
4 The Deed of Trust
5 The Assignment of Rents
5A The Environmental Indemnity
6 The Guaranty
7 Taking and Perfecting a Security Interest in Personal Property Collateral Under Commercial Code Division 9
8 The Legal Opinion
9 Construction Loans
10 Securitized Commercial Mortgage Loans

Financing and Foreclosures

Handling a Real Property Foreclosure

I. Determine Whether Borrower Has Defaulted
II. Select Appropriate Remedy
III. Consider Use of Provisional Remedies
IV. If Proceeding by Trustee Sale (Nonjudicial Foreclosure)
V. If Using Judicial Foreclosure and Other Judicial Remedies
VI. After Judicial Foreclosure Judgment
VII. Consider Taking Possession of Foreclosed Property

Landlord-Tenant and Unlawful Detainer

California Eviction Defense Manual

1 Overview of Unlawful Detainer Law
2 Relationship of Unlawful Detainer to Other Actions
3 Self-Help by Landlord
4 Representing the Tenant; Office Procedures
5 Grounds for Eviction
6 Three-Day Notice
7 Thirty-Day/Sixty-Day Notices and Termination Without Notice
8 Service of Notices on Tenant
9 Negotiating Strategies
10 Proceeding in Forma Pauperis
11 Service of Summons and Complaint; Motion to Quash Service of Summons
12 Default Judgments
13 Demurring and Moving to Strike
14 Answering and Alleging Affirmative Defenses
15 Affirmative Defenses—Implied Warranty of Habitability
16 Affirmative Defenses—Retaliatory Evictions
17 Special Considerations Governing Evictions in Rent-Controlled Cities
18 Special Considerations Governing Evictions From Federally Assisted Housing
19 Special Considerations Governing Evictions in Commercial Tenancies
20 Effect of Sale of Property on Unlawful Detainer Proceedings
21 Effect of Filing Bankruptcy on Proceedings in Unlawful Detainer
22 Summary Judgment
23 Discovery
24 Rights of Occupants Not Named in Lease
25 Trial
26 Judgment
27 Posttrial Motions
28 Enforcement of Judgment—Removing Tenant and Tenant’s Belongings
29 Appeals
30 Civil Writs
31 Return of Security Deposit and Disposition of Last Month’s Rent

Landlord-Tenant and Unlawful Detainer

California Landlord-Tenant Practice

1 Creating the Tenancy
2 Fair Housing Considerations
3 Rights and Duties During Tenancy
4 Counseling the Landlord
5 Counseling the Tenant
6 Mobilehome Park Tenancies
7 Practicing Under Rent and Eviction Control Laws
8 Terminating the Tenancy
9 Unlawful Detainer: Preparing and Filing the Action
10 Unlawful Detainer: Responsive Pleadings
11 Unlawful Detainer: Pretrial Proceedings
12 Unlawful Detainer: Trial
13 Unlawful Detainer: Judgment and Posttrial Proceedings
14 Tenant Bankruptcies: Relief From Stay, Rent Claims, and Lease Issues

Landlord-Tenant and Unlawful Detainer

Handling Unlawful Detainers

I. Before Taking Action
II. Satisfy Termination Notice Requirements
III. Before Filing Complaint
IV. When Filing Complaint
V. Anticipate Tenant Responses to Complaint
VI. After Tenant Responds
VII. When Preparing for and Conducting Trial
VIII. After Court Enters Judgment

Law Practice Management

California Basic Practice Handbook

1 Opening a Law Practice and Ethically Representing Clients
2 Alternative Dispute Resolution
3 Preparing, Filing, and Serving Complaints and Answers
4 Pretrial Discovery: A Step-by-Step Approach
5 Law and Motion Practice
6 Basic Criminal Practice
7 Personal Injury
8 Uncontested Marital Dissolutions
9 Employment Cases
10 Workers’ Compensation Cases
11 Residential Landlord-Tenant Issues
12 Sale of Residence
13 Basic Personal Bankruptcy Law
14 Administering Decedents’ Small Estates
15 Basic Estate Planning and Drafting
16 Debt Collection

Law Practice Management

California Client Communications Manual: Sample Letters and Forms

1 Initial Contact With Prospective Client
2 Nonengagement: Letters Declining Representation
3 General Attorney-Client Fee Agreements
4 Consent to Representation After Disclosing Conflict of Interest
5 Status Reports and Notices About Case to Client
6 Requests for Documents From Client
7 Termination Notices to Client
8 Retention and Disposition of Client Files
9 Fee Collection Letters and Related Lien Matters
10 Fee Arbitration Notices

Law Practice Management

Fee Agreement Forms Manual

1 Fee Agreement—Sample Provisions and Commentary
2 Business Law—Sample Fee Agreements and Conflicts Letter
3 Civil Litigation—Sample Fee Agreement and Consent to Fee-Splitting
4 Consumer Chapter 7 Bankruptcy—Sample Fee Agreement with Exhibits
5 Criminal Defense—Sample Fee Agreement and Substitution of Counsel Letter
6 Debt Collection—Sample Fee Agreements
7 Elder Law Litigation—Sample Fee Agreement
8 Estate Planning—Sample Fee Agreement
9 Limited Scope Representation—Sample Fee Agreements and Checklists
10 Marital Dissolution—Sample Fee Agreements
11 Medical Malpractice—Sample Fee Agreement
12 Personal Injury—Sample Fee Agreement and Health Care Provider Lien Agreement
13 Probate—Sample Fee Agreements
14 Unlawful Detainer—Sample Fee Agreement
15 Wrongful Termination—Sample Fee Agreement
16 Completion of Representation Letter and Nonengagement Letter
17 Statutes and Rules

Purchases, Sales, Title Transactions and Disputes

California Real Estate Brokers: Law and Litigation

1 Overview of Real Estate Brokerage
2 Broker Contracts
3 Agency: Broker Fiduciary and Statutory Duties
4 Broker Liabilities to Principals and Third Parties
5 Principal’s Duties, Liabilities, and Defenses
6 Alternative Dispute Resolution
7 Broker Compensation and Claims
8 Regulation of Brokers
9 Disciplinary Procedures
10 Broker Errors and Omissions Liability Insurance
11 Litigation: Suing and Defending Brokers
12 Trial Tactics and Strategies
13 Standard of Care Experts

Purchases, Sales, Title Transactions and Disputes

California Real Property Sales Transactions

1 Lawyer’s Role in Real Property Sales
2 Real Estate Brokers
3 Letters of Intent
4 The Purchase and Sale Agreement
5 Specialty Commercial Purchase and Sale Agreement Provisions: Hotels
6 Residential Purchase and Sale Transactions
7 Hazardous Waste Considerations
8 Options, Rights of First Refusal, Puts, and Similar Rights
9 Seller Financing
10 Deeds
11 Descriptions of Property
12 Covenants of Title
13 Property Insurance
14 Liability Insurance: Selected Issues Pertinent to Sales
15 Escrow and Closing the Sale
APPENDIX A Transfers Triggering Reappraisal
APPENDIX B Buyer’s Comprehensive Commercial Property Acquisition and Due Diligence Checklist
APPENDIX C Checklist of Due Diligence Materials to Be Delivered by Seller to Buyer in Sale Involving Commercial Leases
APPENDIX D Board Resolution (Authorizing Purchase)
APPENDIX E Limited Liability Company Certificate (Authorizing Purchase)
APPENDIX F Statement of Partnership Authority (Secretary of State Form GP-1)
APPENDIX G Grant Deed
APPENDIX H Bill of Sale
APPENDIX I Assignment of Leases
APPENDIX J Assignment of Intangibles
APPENDIX K Estoppel Certificate From Tenants
APPENDIX L Tenant Letter
APPENDIX M Spousal Waiver
APPENDIX N Alternate Natural Hazard Conditions Disclosure
APPENDIX O Access License and Indemnity Agreement
APPENDIX P Hotel Purchase and Sale Agreement
APPENDIX Q Escrow Instructions—General Provisions
APPENDIX R FIRPTA Certification
APPENDIX S Preliminary Change of Ownership Report

Purchases, Sales, Title Transactions and Disputes

California Title Insurance Practice

1 Organization and Regulation of Title Industry
2 Advising Clients About Title Insurance
3 Selecting Title Insurer and Initiating Title Process
4 Title Search and Surveys
5 Preliminary Reports and Commitments
6 Structure and Coverage of Title Insurance Policy Forms
7 Owner’s Policies
8 Loan Policies
8A Endorsements
9 Guaranties and Limited Coverage Policies
10 Title Instructions and Issuance of Title Insurance Policy
11 Theories and Defenses in Title Company Actions
12 Claims Procedures Under Title Insurance Policies
13 Litigation Strategies and Procedures
14 Arbitration Procedures
15 Additional Title Company Services
APPENDIX A ALTA Closing Protection Letter(s) [Deleted]
APPENDIX B CLTA Interim Binder (Last Rev. 2016)
APPENDIX C CLTA Preliminary Report Form (2006; Exhibit A (Rev. 2018))
APPENDIX D ALTA Commitment Form [Deleted]
APPENDIX E ALTA Loan Policy (2006)
APPENDIX F ALTA Owner’s Policy (2006)
APPENDIX G CLTA/ALTA Homeowner’s Policy of Title Insurance

Purchases, Sales, Title Transactions and Disputes

Real Property Exchanges

1 Introduction to Exchanges
2 Requirement for Like-Kind Exchanges
3 Tax Consequences of Like-Kind Exchanges
4 Deferred Exchanges
5 ‘Reverse’ and Construction Exchanges
6 Planning and Implementing the Real Estate Exchange
7 Special Issues in Exchanges Involving Partnerships and Corporations

Purchases, Sales, Title Transactions and Disputes

Real Property Ownership and Taxation

1 Forms of Ownership
2 Estate Planning Considerations of Real Property Ownership, Including Estate and Gift Tax Issues
3 Real Property Taxes and Assessments
4 Escrow and Recordation
5 Title Insurance
6 Property Insurance Basics
7 Income Taxation of Real Property Transactions
8 Lis Pendens
9 Homesteads
10 Bankruptcy Impact on Title and Sales
11 Impact of Death on Ownership and Transfer of Real Property

Environmental, Land Use and Natural Resources

California Land Use Practice

1 Overview of Land Use Regulation
2 General and Specific Plans
3 Growth Management
4 Zoning
5 Sustainability and Climate Change Regulations
6 Housing
7 Conditions of Land Use and Development Approval; Variances; Conditional Use Permits; and Planned Unit Developments
8 Nonconforming Uses
9 Subdivision Map Act
10 Aesthetic Regulation and Design Review
11 Building Regulations
12 Specially Regulated Land Uses
13 Environmental Review and Mitigation
14 Compliance With Federal, State, and Regional Agency Requirements
15 Laws Related to Land Use Regulation
16 Vested Rights
17 Regulatory Takings
18 Exactions: Dedications and Development Impact Fees
19 Substantive and Procedural Due Process and Equal Protection Claims
20 Code Enforcement
21 Land Use Litigation
APPENDIX A Sample Inspection Warrant
APPENDIX B Sample Petition for Writ of Mandate and Complaint for Injunctive Relief

Environmental, Land Use and Natural Resources

California Subdivision Map Act and the Development Process

1 History, Purpose, and Preemption
2 Subdivisions Covered by Subdivision Map Act
3 Determining Which Map Is Required
4 Coordinating Map Act Approvals With Other Land Use Authorizations
5 Processing Subdivision Maps: Attorney’s Role
6 Regulation of Subdivisions: The Police Power, Dedication, and Impact Fees
6A Use of Local Government Districts to Provide Services and Facilities
7 Acquiring Vested Rights
8 Map Conditions
9 Map Approvals and Denials
10 Map Standards and Requirements
11 Enforcement
12 Reversions and Exclusions
13 Judicial Review

Environmental, Land Use and Natural Resources

Practice Under the California Environmental Quality Act

1 Overview of CEQA Process
2 Attorney’s Role in CEQA Process
3 Role of Public Agencies in CEQA Process
4 Is the Activity a Project?
5 Is the Project Exempt?
6 Initial Study: Will Project Have Significant Effect on Environment?
7 Procedural and Substantive Requirements for Negative Declarations
8 Determining Scope and Contents of EIR
9 Requirements for Preparation and Review of Draft EIRs
10 CEQA Streamlining and Special EIR Processes
11 Substantive Requirements for EIRs
12 Project Description, Setting, and Baseline
13 Significant Environmental Effects
14 Mitigation Measures
15 Project Alternatives
16 Final EIRs
17 Project Approval and Findings
18 Mitigation Monitoring and Reporting
19 Subsequent CEQA Review
20 Relationship Between CEQA and Other Statutes and Programs
21 Certified Regulatory Programs
22 Joint Federal-State Environmental Documents
23 CEQA Litigation

Real Property Litigation

California Civil Discovery Practice

1 The Right to Discovery and Its Scope
2 Creating a Discovery Plan
3 Evaluating Privileges, Work Product, and Other Protections
4 Conducting Discovery in a Digital World: Managing Electronically Stored Information
5 Deposition Procedures
6 Taking and Defending Oral Depositions
7 Interrogatories
8 Demands for Inspection or Production
9 Requests for Admission
10 Physical and Mental Examinations
11 Exchange of Expert Information
12 Depositions in Other States
13 Discovery in Other Nations
14 Discovery in Limited Civil Cases
15 Discovery Motion Practice and Sanctions
16 Writs and Appeals

Real Property Litigation

California Civil Procedure Before Trial

1 Accepting Cases and Implementing Office Procedures
2 Avoiding Conflicts of Interest
3 Representation Agreements
4 Changing Representation During Suit
5 Client Fee Dispute Arbitrations
6 California Jurisdiction
7 Federal Jurisdiction
8 Venue
9 Prelitigation Claims, Notices, and Petitions for Guardians Ad Litem
10 Fee Waiver
11 Pleadings and Court Papers
12 Noticed Motions
13 Ex Parte Motions and Orders to Show Cause
14 Ascertaining, Joining, and Naming Parties
15 Complaints
16 Amending Complaints
17 Service of Summons
18 Service of Papers
19 Motions to Quash
20 Motions to Change Venue
21 Motions to Stay or Dismiss for Inconvenient Forum
22 Removal to Federal Court
23 Demurrers
24 Motions to Strike
24A Anti-SLAPP Motions
25 Answers
26 Cross-Complaints
27 Motions for Judgment on the Pleadings
28 Interpleader
29 Security for Costs
30 Bill of Particulars
31 Intervention
32 Injunctions and Other Provisional Remedies
33 Receivership
34 Deposit in Court
35 Declaratory Relief
36 Summary Judgment
37 Judicial Arbitration
38 Default
39 Dismissal
40 Case Management Conferences
41 Jury Trial Demands
42 Trial Preference and Continuance Motions
43 Consolidation and Severance
44 Coordination
45 Alternative Dispute Resolution
46 Negotiation and Case Settlement
47 Offers to Allow Judgment (CCP §998)
48 Submitted Case and Consent Judgment
49 Sliding Scale and Structured Settlements
50 Good Faith Settlement

Real Property Litigation

California Real Property Remedies and Damages

1 Rescission
2 Reformation
3 Damages for Fraud and Nondisclosure
4 Damages for Breach of Seller-Buyer Contracts
5 Specific Performance
6 Cancellation of Instruments
7 Quieting Title
8 Partition
9 Slander of Title
10 Ejectment
11 Remedies for Nuisance and Trespass
12 Landslide and Subsidence Liability
13 Lis Pendens
14 Alternative Dispute Resolution for Real Property Actions
15 Constructive Trusts, Resulting Trusts, and Equitable Liens

Real Property, Misc.

Condemnation Practice in California

1 Attorney’s Initial Contact With Condemnation Action
2 Attorney’s Role in Determining Facts
3 Selection of Valuation Experts
4 Just Compensation
5 Severance Damages
6 Public Use and Necessity Defenses
7 Negotiation and Relocation Assistance
8 Pleadings
9 Trial Preparation and Trial
10 Apportionment, Judgment, and Posttrial
11 Federal Condemnation Practice
12 Income Tax Consequences of Condemnation Awards
13 General Background on Inverse Condemnation
14 Causes of Action for Physical Taking or Damage
15 Causes of Action for Regulatory Taking
16 Defenses to Inverse Condemnation Actions
17 Trial and Posttrial Considerations

Real Property, Misc.

The California Municipal Law Handbook

1 Nature of Municipal Corporations
2 Open Government and Ethics
3 Elections
4 Personnel
5 Finance and Economic Development
6 Municipal Services and Utilities
7 Public Contracting
8 Public Property
9 Regulating Businesses and Personal Conduct
10 Land Use
11 Protecting the Environment
12 Code Enforcement
13 Liability and Litigation

Trusts and Estates

Transferring Property Without Probate

I. When Considering Alternatives to Formal Probate
II. When Deciding How to Proceed
III. When Protecting Surviving Spouse or Domestic Partner
IV. When Handling Transfers of Small Estate Personal Property (Type 3 Property)
V. When Transferring Multiple Party Assets (Type 1 Property)
VI. When Transferring Motor Vehicles, Mobilehomes, and Other State-Registered Property
VII. When Transferring Other Personal Property
VIII. When Transferring Real Property

Elder Law

California Elder Law Litigation: An Advocate’s Guide

1 Introduction to Elder Law Litigation
2 Understanding Skilled Nursing Facilities
3 Actions Against Skilled Nursing Facilities
4 Understanding Residential Care Facilities
5 Actions Against Residential Care Facilities
6 Understanding and Litigating Financial Elder Abuse Actions Under the Elder and Dependent Adult Civil Protection Act
6A Litigating Financial Elder Abuse Actions
7 Actions for Abuse of Elders by Fiduciaries
8 Actions for Protective Orders in Elder Abuse Cases

Elder Law

California Elder Law Resources, Benefits, and Planning: An Advocate’s Guide

1 Elder Law Practice
1A Introduction to LGBT Elder Law
2 Ethical Considerations in Elder Law Practice
3 Surrogate Financial Management
4 Health Care and Personal Decision Making
5 Public Benefits and Resources for the Elderly
6 Planning to Stay at Home
7 Introduction to Medicare
8 Medicare Appeals
9 Introduction to Medi-Cal
10 Medi-Cal Eligibility for Nursing Home Care Benefits
11 Medi-Cal Planning Strategies for Nursing Home Care Benefits
12 Medi-Cal Estate Recovery
13 Long-Term Care Insurance
14 Reverse Mortgages

Estate Planning

California Estate Planning

1 Overview of Estate Planning Practice
2 Ethical Considerations
3 Property Transfer Obstacles
4 Additional Property Transfer Obstacles for Married Persons and Registered Domestic Partners
5 Wills
6 Revocable Trusts
6A Irrevocable Trusts
7 Nonprobate and Nontrust Transfers at Death
8 Noncharitable Inter Vivos (Lifetime) Gifts
9 Powers of Appointment
10 Estate and Gift Taxes
11 Generation-Skipping Transfer Tax
12 Income Tax Basis
13 Taxing Income of Estates and Trusts
14 State Death Taxes
15 California Real Property Tax
16 Basic International and Noncitizen Transactions
17 Marital Deduction Planning
17A Family Investment Companies
18 Business Entity Valuation Planning Strategies
19 Use of Life Insurance in Estate Planning
20 Annuities
21 Employee Benefits and IRAs
21A IRC §529 Accounts and Coverdell Education Savings Accounts
22 Executive Compensation and Stock Options
23 Charitable Giving
23A Charitable Lead Trusts
24 Charitable Remainder Trusts
24A Noncharitable Unitrusts
25 Valuation Freeze Techniques
25A Intrafamily Loans and Sales
25B Self-Canceling Installment Notes (SCINs)
26 Asset Protection Considerations
26A Special Needs Trusts
27 Disclaimers: Predeath Planning
28 Power of Attorney for Financial Matters
29 Health Care Decision Planning
30 Transfers in Medi-Cal Planning
31 Disposition of Human Remains

Estate Planning

California Powers of Attorney and Health Care Directives

1 Powers of Attorney and Health Care Directives: Overview and International Considerations
2 Alternatives to Powers of Attorney and Advance Health Care Directives
3 Ethical Considerations When Drafting Powers of Attorney and Advance Health Care Directives
4 Durable Powers of Attorney for Financial Management: The Fundamentals
5 Durable Powers of Attorney for Financial Management: Specific Clauses and Complete Forms
6 Estate and Tax Planning Using Powers of Attorney
7 Advance Health Care Directives: The Fundamentals
8 Advance Health Care Directives: Complete Forms and Related Documents
9 Health Care Decisions: The Legal and Medical Environments
10 Third Party Acceptance of Powers of Attorney and Health Care Directives
11 Judicial Proceedings

Estate Planning

California Will Drafting

1 Professional Responsibility
2 Initial Client Conference
3 Planning for Incapacity
4 Review of Existing Wills and Estate Plans
5 Reference to Matters Outside Will
6 Codicils
7 Overview of Testamentary Trusts
8 Pourover Wills
9 Revocation
10 Getting Started: Introductory Clauses
11 Exercising Powers of Appointment
12 Outright Noncharitable Gifts
13 Outright Gifts to Charity
14 Charitable Split-Interest Trusts
15 Generation-Skipping Transfer Tax: Law, Regulations, and Planning
16 Creating Powers of Appointment
17 Marital Deduction: Overview and Formula Clauses
18 Marital Deduction Power of Appointment Trusts
19 Qualified Terminable Interest Property Trusts and Qualified Domestic Trusts
20 Bypass Trusts and Disclaimer Trusts
21 Overview of Trust Distributions
22 Trusts for Children
23 Special Needs Trusts
23A Taxation of Trust Distributions
24 Guardianships of the Person
25 Guardianships of the Estate
26 Transfer Tax Payment Clauses
27 Spendthrift Clauses
28 Office of Trustee
29 Trustee Management Powers
30 Trustee Accounting Powers
31 Trustee Administrative Powers
32 Selection of Executor
33 Powers and Duties of Executor
34 Rule Against Perpetuities
35 Concluding Clauses
36 Execution of Wills
37 Multijurisdictional Issues in Will Drafting
38 Complete Will Forms

Estate Planning

Complete Plans for Small and Mid-Sized Estates

1 Introduction
2 Ethical Considerations
3 Tax Considerations in Estate Planning
4 Difficult Family Situations
5 Problem Assets
6 Problematic Situations
6A Estate Planning for Companion Animals and Pets
7 Planning Devices and Issues: An Overview
8 Gathering Client Information
9 Plan for Unmarried Person Without Children
10 Plan for Unmarried Person With Minor Children
11 Plan for Young Married Couple With Minor Children
11A Plan for Married Couple With Adult Children
11B Estate Planning for Clients Facing Future Long-Term Care Costs
12 Completing and Implementing the Estate Plan

Estate Planning

Drafting California Irrevocable Trusts

1 Overview of Irrevocable Trusts
2 Estate and Gift Tax: A Drafter’s Guide
3 Income Tax: A Drafter’s Guide
4 Generation-Skipping Tax Problems of Irrevocable Trusts
5 Trust Planning: Permanent Trusts
6 Valuing Interests in Property
7 Structuring the Trust Instrument
8 Introductory and Basic Clauses
9 Dispositive Clauses
10 Trust Administration and Trustee’s Powers
11 Life Insurance Trusts
12 Trusts for Minors
13 Special Needs Trusts
13A Dynasty Trusts
14 Grantor Retained Income Trusts (GRITs)
15 Grantor Retained Annuity Trusts (GRATs)
16 Grantor Retained Unitrusts (GRUTs)
17 Qualified Personal Residence Trusts (QPRTs)
18 Charitable Remainder Trusts
18A Nongrantor Charitable Lead Annuity Trusts
19 Issues Related to Nature of Trust Assets
20 Complete Irrevocable Trust Forms

Estate Planning

Drafting California Revocable Trusts

1 Role of Revocable Trusts in California Estate Planning
2 Professional Responsibility
3 Drafting Considerations
4 Tax Considerations
5 Creation of Trust
6 Distributions While Trust Is Revocable
7 Distributions From Continuing Trusts
8 Distributions on Terminating Event
9 The Marital Deduction
10 Distributions on First Spouse’s Death
11 Marital Deduction Formulas and Funding
12 Survivor’s Trust
13 QTIPs and QDOTs
14 Bypass and Disclaimer Trusts
15 Payment of Taxes, Debts, and Administration Expenses
16 Office of Trustee
17 Trustee Powers and Duties
18 Construction of Trusts
19 No-Contest Clause and Miscellaneous Trust Provisions
20 Revocation and Amendment
21 Funding the Trust
22 Related Documents
23 Multistate Trusts

Estate Planning

Estate Planning and California Probate Reporter

Probate Reporter
Volume 43 / Number 4 / February 2022
Volume 43 / Number 3 / December 2021
Volume 43 / Number 2 / October 2021
Volume 43 / Number 1 / August 2021
Volume 42 / Number 6 / June 2021
Volume 42 / Number 5 / April 2021
Volume 42 / Number 4 / February 2021
Volume 42 / Number 3 / December 2020
Volume 42 / Number 2 / October 2020
Volume 42 / Number 1 / August 2020
Volume 41 / Number 6 / June 2020
Volume 41 / Number 5 / April 2020
Volume 41 / Number 4 / February 2020
Volume 41 / Number 3 / December 2019
Volume 41 / Number 2 / October 2019
Volume 41 / Number 1 / August 2019
Volume 40 / Number 6 / June 2019
Volume 40 / Number 5 / April 2019
Volume 40 / Number 4 / February 2019
Volume 40 / Number 3 / December 2018
Volume 40 / Number 2 / October 2018
Volume 40 / Number 1 / August 2018
Volume 39 / Number 6 / June 2018
Volume 39 / Number 5 / April 2018
Volume 39 / Number 4 / February 2018
Volume 39 / Number 3 / December 2017
Volume 39 / Number 2 / October 2017
Volume 39 / Number 1 / August 2017
Volume 38 / Number 6 / June 2017
Volume 38 / Number 5 / April 2017
Volume 38 / Number 4 / February 2017
Volume 38 / Number 3 / December 2016
Volume 38 / Number 2 / October 2016
Volume 38 / Number 1 / August 2016
Volume 37 / Number 6 / June 2016
Volume 37 / Number 5 / April 2016
Volume 37 / Number 4 / February 2016
Volume 37 / Number 3 / December 2015
Volume 37 / Number 2 / October 2015
Volume 37 / Number 1 / August 2015
Volume 36 / Number 6 / June 2015
Volume 36 / Number 5 / April 2015
Volume 36 / Number 4 / February 2015
Volume 36 / Number 3 / December 2014
Volume 36 / Number 2 / October 2014
Volume 36 / Number 1 / August 2014
Volume 35 / Number 6 / June 2014
Volume 35 / Number 5 / April 2014
Volume 35 / Number 4 / February 2014
Volume 35 / Number 3 / December 2013
Volume 35 / Number 2 / October 2013
Volume 35 / Number 1 / August 2013
Volume 34 / Number 6 / June 2013
Volume 34 / Number 5 / April 2013
Volume 34 / Number 4 / February 2013
Volume 34 / Number 3 / December 2012
Volume 34 / Number 2 / October 2012
Volume 34 / Number 1 / August 2012
Volume 34 / CUMULATIVE TABLE
Volume 33 / Number 6 / June 2012
Volume 33 / Number 5 / April 2012
Volume 33 / Number 4 / February 2012
Volume 33 / Number 3 / December 2011
Volume 33 / Number 2 / October 2011
Volume 33 / Number 1 / August 2011
Volume 33 / INDEX
Volume 32 / Number 6 / June 2011
Volume 32 / Number 5 / April 2011
Volume 32 / Number 4 / February 2011
Volume 32 / Number 3 / December 2010
Volume 32 / Number 2 / October 2010
Volume 32 / Number 1 / August 2010
Volume 32 / INDEX
Volume 31 / Number 6 / June 2010
Volume 31 / Number 5 / April 2010
Volume 31 / Number 4 / February 2010
Volume 31 / Number 3 / December 2009
Volume 31 / Number 2 / October 2009
Volume 31 / Number 1 / August 2009
Volume 31 / INDEX
Volume 30 / Number 6 / June 2009
Volume 30 / Number 5 / April 2009
Volume 30 / Number 4 / February 2009
Volume 30 / Number 3 / December 2008
Volume 30 / Number 2 / October 2008
Volume 30 / Number 1 / August 2008
Volume 30 / INDEX
Volume 29 / Number 6 / June 2008
Volume 29 / Number 5 / April 2008
Volume 29 / Number 4 / February 2008
Volume 29 / Number 3 / December 2007
Volume 29 / Number 2 / October 2007
Volume 29 / Number 1 / August 2007
Volume 29 / INDEX
Volume 28 / Number 6 / June 2007
Volume 28 / Number 5 / April 2007
Volume 28 / Number 4 / February 2007
Volume 28 / Number 3 / December 2006
Volume 28 / Number 2 / October 2006
Volume 28 / Number 1 / August 2006
Volume 28 / INDEX
Volume 27 / Number 6 / June 2006
Volume 27 / Number 5 / April 2006
Volume 27 / Number 4 / February 2006
Volume 27 / Number 3 / December 2005
Volume 27 / Number 2 / October 2005
Volume 27 / Number 1 / August 2005
Volume 27 / INDEX
Volume 26 / Number 6 / June 2005
Volume 26 / Number 5 / April 2005
Volume 26 / Number 4 / February 2005
Volume 26 / Number 3 / December 2004
Volume 26 / Number 2 / October 2004
Volume 26 / Number 1 / August 2004
Volume 26 / INDEX
Volume 25 / Number 6 / June 2004
Volume 25 / Number 5 / April 2004
Volume 25 / Number 4 / February 2004
Volume 25 / Number 3 / December 2003
Volume 25 / Number 2 / October 2003
Volume 25 / Number 1 / August 2003
Volume 25 / INDEX
Volume 24 / Number 6 / June 2003
Volume 24 / Number 5 / April 2003
Volume 24 / Number 4 / February 2003
Volume 24 / Number 3 / December 2002
Volume 24 / Number 2 / October 2002
Volume 24 / Number 1 / August 2002
Volume 24 / INDEX
Volume 23 / Number 6 / June 2002
Volume 23 / Number 5 / April 2002
Volume 23 / Number 4 / February 2002
Volume 23 / Number 3 / December 2001
Volume 23 / Number 2 / October 2001
Volume 23 / Number 1 / August 2001
Volume 22 / Number 6 / June 2001
Volume 22 / Number 5 / April 2001
Volume 22 / Number 4 / February 2001
Volume 22 / Number 3 / December 2000
Volume 22 / Number 2 / October 2000
Volume 22 / Number 1 / August 2000
Volume 21 / Number 6 / June 2000
Volume 21 / Number 5 / April 2000
Volume 21 / Number 4 / February 2000
Volume 21 / Number 3 / December 1999
Volume 21 / Number 2 / October 1999
Volume 21 / Number 1 / August 1999

Estate Planning

Funding a Revocable Trust

I. Planning to Fund the Trust
II. Obtaining Information and Documents About Assets
III. Determining Which Assets to Transfer to the Trust
IV. Before Funding the Trust
V. Funding the Trust
VI. Transferring Real Property Interest to the Trust
VII. If Omitted Asset Is Discovered After Initial Funding of the Trust

Estate Planning

Marital Deduction Subtrust Funding

I. Preliminary Analysis
II. Initial Steps in Funding
III. Determining Allocation Targets and Making Adjustments
IV. Allocating Assets
V. Asset Allocation Agreement

Family Law

Crossover Issues in Estate Planning and Family Law

1 Introduction: Issues in Estate Planning and Family Law
2 Premarital and Preregistration Agreements
3 Issues During Marriage, Registered Domestic Partnership, and Cohabitation
4 Issues at Dissolution or Legal Separation
5 Issues on Death of Spouse or Registered Domestic Partner
6 Retirement Benefits and Other Deferred Compensation
7 Incapacity Issues in Family Law and Probate Proceedings
8 Frequently Used Estate Planning Terms and Abbreviations

Family Law

California Marital Settlement and Other Family Law Agreements

1 Developing the Case and Negotiating the Agreement

2 Mediation

3 The Agreement in its Legal Context

4 Drafting and Implementing the Agreement

5 Introductory Provisions

6 Child Custody and Visitation

7 Child Support

8 Spousal Support

9 Property: Identification, Warranties, and Division

10 Property: The Family Residence

11 Property: Retirement Benefits

12 Property: The Closely Held Business

13 Property: Miscellaneous Assets

14 Attorney Fees and Costs

15 Income Tax

16 General Provisions

17 Premarital Agreements

18 Marital Agreements

19 Nonmarital Cohabitation Agreements

20 QDROs and Other Retirement Benefits Orders

21 Complete Marital Settlement Agreements

Guardianships and Conservatorships

California Guardianship Practice

1 Introduction to Probate Guardianships
2 Alternatives to Probate Guardianship
3 Jurisdiction; Venue; Transfer of Personal Property to Foreign Jurisdiction
4 Notice
5 Starting Guardianship Proceedings
5A Guardianships UnderIndian Child Welfare Act
5B Special Immigrant Juvenile Status
6 Temporary Guardianships
7 Court Investigations and Reports
8 Bonds
9 First Steps of Administration; Inventory and Appraisal
10 Duties and Powers of Guardians: An Overview
11 Duties and Powers of Guardians of the Person
12 Introduction to Duties and Powers of Guardians of the Estate
13 Specific Issues in Estate Management
14 Accounting
15 Compensation
16 Guardianship Termination
17 Appeals; Finality of Orders
APPENDIX Chart of Relationships and Table of Consanguinity

Guardianships and Conservatorships

California Conservatorship Practice

1 Is a Conservatorship Needed?
2 Court-Approved Substitutes for Probate Conservatorship
3 Jurisdiction, Venue, Transfer of Personal Property to Foreign Jurisdiction
4 Notice
5 Starting Conservatorship Proceedings
6 Temporary Conservatorships
7 Court-Appointed Counsel: An Overview
8 Court Investigations and Reports
9 Bonds
10 First Steps of Administration, Marshaling Assets, and Inventory and Appraisal
11 Issues of Legal Capacity of Conservatee
12 General Responsibilities of Conservators
13 Duties and Powers of Conservators of the Person
14 Duties and Powers of Conservators of the Estate
15 Debts, Borrowing, Compromises, and Modifications of Obligations
16 Investments, Deposits, and Insurance
17 Sales and Real Property Transactions
18 Substituted Judgment
19 Accounting
20 Compensation
21 Conservatorship Termination
22 Limited Conservatorships
23 Conservatorships for the Gravely Disabled Under the Lanterman-Petris-Short (LPS) Act
24 Appeals; Finality of Orders
APPENDIX Chart of Relationships and Table of Consanguinity

Probate Administration

California Local Probate Rules

Alameda County Probate Rules
Alpine County Probate Rules
Amador County Probate Rules
Butte County Probate Rules
Calaveras County Probate Rules
Colusa County Probate Rules
Contra Costa County Probate Rules
Del Norte County Probate Rules
El Dorado County Probate Rules
Fresno County Probate Rules
Glenn County Probate Rules
Humboldt County Probate Rules
Imperial County Probate Rules
Inyo County Probate Rules
Kern County Probate Rules
Kings County Probate Rules
Lake County Probate Rules
Lassen County Probate Rules
Los Angeles County Probate Rules
Madera County Probate Rules
Marin County Probate Rules
Mariposa County Probate Rules
Mendocino County Probate Rules
Merced County Probate Rules
Modoc County Probate Rules
Mono County Probate Rules
Monterey County Probate Rules
Napa County Probate Rules
Nevada County Probate Rules
Orange County Probate Rules
Placer County Probate Rules
Plumas County Probate Rules
Riverside County Probate Rules
Sacramento County Probate Rules
San Benito County Probate Rules
San Bernardino County Probate Rules
San Diego County Probate Rules
San Francisco County Probate Rules
San Joaquin County Probate Rules
San Luis Obispo County Probate Rules
San Mateo County Probate Rules
Santa Barbara County Probate Rules
Santa Clara County Probate Rules
Santa Cruz County Probate Rules
Shasta County Probate Rules
Sierra County Rules of Court
Siskiyou County Probate Rules
Solano County Probate Rules
Sonoma County Probate Rules
Stanislaus County Probate Rules
Sutter County Probate Rules
Tehama County Probate Rules
Trinity County Probate Rules
Tulare County Probate Rules
Tuolumne County Probate Rules
Ventura County Probate Rules
Yolo County Probate Rules
Yuba County Probate Rules
Appendix California Rules of Court Title 7

Probate Administration

California Probate Workflow Manual Revised

1 Managing and Processing Probate Workflow
2 Immediate Arrangements
3 Gathering and Maintaining Information
4 Property Not Subject to Probate Administration
5 Notices and Hearings
6 Summary Administration
7 Petition for Probate, Letters, and Qualification of Representative
8 Probate Bonds
9 Independent Administration of Estates
10 Initial Duties of Representative
11 Inventory and Appraisal
12 Creditors’ Claims
13 Sales of Estate Property
14 Income and Estate Taxation
15 Statutory Protections for Family Members: Family Allowance and Exempt and Homestead Property
16 Estate Management Issues: Borrowing Money, Title Disputes, Executory Contracts, Testamentary Options, Petitions for Instructions
17 Preliminary Distribution
18 Account, Report, and Final Distribution
19 Compensation
20 Transfer of Assets and Discharge of Representative
21 Ancillary Administration
Appendix A Tables of Consanguinity
Appendix B Valuation of Assets for Federal Estate Tax

Probate Administration

Handling a Probate

I. Beginning Probate Proceedings
II. Petitioning for Probate
III. Handling the Estate After Appointment
IV. Closing the Estate

Real Property

Transferring Property Without Probate

I. When Considering Alternatives to Formal Probate
II. When Deciding How to Proceed
III. When Protecting Surviving Spouse or Domestic Partner
IV. When Handling Transfers of Small Estate Personal Property (Type 3 Property)
V. When Transferring Multiple Party Assets (Type 1 Property)
VI. When Transferring Motor Vehicles, Mobilehomes, and Other State-Registered Property
VII. When Transferring Other Personal Property
VIII. When Transferring Real Property

Special Needs Trusts

Special Needs Trusts: Planning, Drafting, and Administration

1 Introduction to Planning for Persons With Disabilities
2 Ethical Considerations When Planning for Persons With Disabilities
3 Public Benefits for Persons With Disabilities
4 Family Law Issues in Planning for Persons With Disabilities
5 Estate Planning for Persons With Disabilities
6 Common Provisions in Third Party Special Needs Trusts
7 Funding Third Party Special Needs Trusts
8 Planning Using First Party Special Needs Trusts or Alternatives
8A Medicare Set-Aside Arrangements
8B Qualified Settlement Funds
9 Required Provisions in (d)(4)(A) Special Needs Trusts
10 Suggested Provisions in (d)(4)(A) Special Needs Trusts
11 Establishing (d)(4)(A) Special Needs Trusts
12 Pooled Special Needs Trusts
13 Special Needs Trust Taxation
14 Special Needs Trust Administration and Appropriate Distributions
15 Specific Special Needs Trust Administration Issues
16 Special Needs Trust Accounting
17 Special Needs Trust Termination
18 Complete Special Needs Trust Forms

Trust Administration

Administering a Single Person Trust After Settlor’s Death

I. Initial Steps
II. Preparing for First Meeting With Client
III. Conducting First Meeting With Client
IV. Immediate Actions Following First Meeting (Stage 1)
V. Further Actions Following First Meeting (Stage 2)
VI. Subsequent Meetings With Client and CPA
VII. Preparing for Final Distribution

Trust Administration

California Decedent Estate Practice

1 Initial Considerations
2 Nonprobate Transfers
3 Transfer of Personal and Real Property in Small Estates
4 Spouses and Registered Domestic Partners: Rights, Liabilities, and Special Transfer Procedures
5 Jurisdiction and Venue
6 Notice
7 Petition for Probate, Letters, and Qualification
8 Determination of Order of Death and Proceeding to Determine Survival
9 Bonds
10 Initial Duties of Personal Representative
11 Ancillary Administration
12 Nonresident Heirs and Beneficiaries
13 Inventory and Appraisal
14 Creditors’ Claims
15 Independent Administration of Estates
16 Petition for Instructions or Confirmation
17 Statutory Protections for Family Members
18 Sales of Estate Property
19 Investments and Purchases of Property
20 Compromise and Settlement of Claims
21 Borrowing Money
22 Options and Leases
23 Handling a Decedent’s Business Interests
24 Accounts
25 Preliminary Distributions
26 Will Contests and the Role of the Estate Planner
27 Probate Code §850 Petitions: Title Disputes and Executory Contracts
28 Proceedings to Determine Entitlement to Estate Distribution
29 Actions By and Against Personal Representative
30 Compensation and Fees
31 Account, Report, and Petition for Final Distribution
32 Transfer of Assets and Discharge of Representative
33 Income Tax Concepts and Procedures
34 Estate Tax Concepts and Procedures

Trust Administration

California Trust Administration

1 The Role of the Attorney
2 Overview of Trustee’s Duties, Standards, and Powers
3 Cotrustees and Shared Fiduciary Powers
4 Rejection of Trust; Resignation and Removal of Trustee
5 Investments and Management of Assets
6 Managing Specific Trust Assets
7 Recordkeeping and Accounting
8 Principal and Income
9 Trustee Compensation, Attorney Fees, and Other Administrative Costs
10 Creditors’ Rights Against the Trust
10A Beneficiary’s Creditor’s Rights Against the Trust
11 Income Taxation of Trusts
12 Estate Tax Returns
13 Administering Single-Person Trust After Settlor’s Death
13A Administering Moderate Married Settlor Trust on the Death of the First Spouse
14 Subtrust Allocation and Funding on the Death of the First Spouse
14A Further Steps After the Death of the First Spouse
15 Court Proceedings
16 Modification, Revocation, and Termination of Trust
17 Long-Term Trust Administration