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Posts on Jan 1970

The Life Cycle of a Civil Lawsuit Before Trial – Part One

The lucky reader has never been involved in a civil lawsuit.  However, a suit, whether as plaintiff or defendant, is certainly a possibility for every reader.  Suddenly an automobile accident happens and you end up the plaintiff or defendant in a personal injury lawsuit. 

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When Upselling Becomes Unlawful Under the Automotive Repair Act

The California Automotive Repair Act (the “Act”), codified as California Business and Professions Code section 9800 et seq., was enacted by the California Legislature in 1971 in an attempt to regulate automotive repair dealers, namely those who engage in the business of repairing or diagnosing malfunctions of motor vehicles. 

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The Importance of Early Investigation Regarding Witnesses and Evidence

WHO IS THE WITNESS?  WHO IS HE NOT?

Find out what the witness knows but also what he doesn’t know.  Qualifications of a witness are important but equally important are lack or limitation of qualifications. 

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Anti-Deficiency Rules and Senate Bill 1178

People often cite to California’s anti-deficiency rules as a consumer’s best friend. See California Code of Civil Procedure 580b. While it is true that precluding a deficiency judgment on any purchase money mortgage pursuant to a foreclosure is a great benefit to California home buyers, the reality of home ownership tends to negate the benefits associated with the anti-deficiency rules.

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Wanton or wontons. What is moral turpitude?

Wanton wontons.  Would you trust an attorney who deliberately skipped out without paying for her soup at the local Peking Dragon restaurant?  What is moral turpitude?  Is it like pornography?  Would you know it when you see it?

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