Effective as of September 2020 the California Legislature amended Section 6320 of the California Family Code, to include “coercive control” in the definition of abuse, for purposes of DVPA restraining orders. (See SB 1141, Rubio.) The amended DVPA defines “coercive…
Remembrance of Things Past: Can a Newly Enacted Statute Provide for a Retroactive Award of Attorney Fees?
When a bill becomes law in California, it generally operates prospectively, unless the Legislature specifically provides otherwise. A generally—but not universally—recognized exception exists, however, for new statutes authorizing an award of attorney fees. Some California appellate courts have approved the…
Are evidentiary rulings on summary judgment reviewed de novo or for abuse of discretion? More than a decade after Reid v. Google, it still depends whom you ask.
The first and most important issue in any appeal is the standard of review. For the last decade, however, California appellate courts have been split on how to review evidentiary rulings made in connection with a summary judgment motion. As…
What Can Oral Argument Preparation Teach Us About Effective Briefing?
Tips for adapting your case to the judges’ and justices’ perspective While attorneys advocate, judges search for the right result. Here are three techniques for persuading judges by aiding them in their truth-seeking mission. First, channel your audience’s inner ‘scientist.’ Organizational…