Matthew Bender® California Practice Guides

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  • Matthew Bender Practice Guide: California Pretrial Civil Procedure

    Author : Paul R. Kiesel, The Honorable Peter D. Lichtman, Edith R. Matthai, Richard L. Seabolt

    Publisher : Matthew Bender

    Available Formats :
    • Format: 3 volumes, looseleaf, updated twice per year, Print
      Book
      ISBN: 9780820556840

      $605 {"prodid": "46811", "pubstatus" : "132", "sku" : "SKU46811"}
    • Format: Electronic book: epub
      ISBN: 9781422484579

      $550 {"prodid": "46811", "pubstatus" : "132", "sku" : "sku-us-ebook-01291-epub"}
    • Format: Electronic book: mobi
      ISBN: 9781422484579

      $550 {"prodid": "46811", "pubstatus" : "132", "sku" : "sku-us-ebook-01291-mobi"}
    • Full Description
    • Table of Contents
    • Author/Contributor

    Matthew Bender Practice Guide: California Pretrial Civil Procedure
    View a sample of this title using the ReadNow feature

    Expect More and Get More in California Litigation Support

    From limitation of actions and service of summons to pretrial stipulations, continuances and settlement, Matthew Bender Practice Guide: California Pretrial Civil Procedure is your "go-to" resource for instant analysis, guidance, forms and practice tips covering every aspect of California pretrial civil procedure. Its 40 expertly prepared chapters walk you step-by-step through:

    • Litigation Milestones
    • First Steps
    • Plaintiff's Pleading
    • Defendant's Response
    • Provisional Remedies
    • Pretrial Procedures
    • Ending the Case Before Trial

    Representing the new standard in practice guides, Matthew Bender Practice Guide: California Pretrial Civil Procedure has streamlined chapter organization, precise guidance on finding pertinent online information, cross-references to relevant content, icons classified by type, and an abundance of checklists and forms that you can't find elsewhere. You get more checklists, more forms, more tips, more warnings, more strategic points, more of everything that makes a practice guide valuable and easy to use.

    Matthew Bender Practice Guide: California Pretrial Civil Procedure has more of the guidance, forms, checklists and tips that make a practice guide so essential.

    Matthew Bender California Practice Guides: The Fresh New Perspective in California Research

    Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.

    With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek.

    Featuring more of what you're looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.

    Volume 1
    Chapter 1 Litigation Milestone Checklists
    Chapter 2 Client Interview
    Chapter 3 Beginning and Terminating the Attorney-Client Relationship
    Chapter 4 Limitation of Actions
    Chapter 5 Parties
    Chapter 6 Determining Forum
    Chapter 7 Complaints
    Chapter 8 Service of Summons
    Chapter 9 Motions to Quash and Other Objections to Personal Jurisdiction
    Chapter 10 Dismissal for Lack of Subject Matter Jurisdiction
    Chapter 11 Demurrers and Motions for Judgment on the Pleadings
    Chapter 12 Motions to Strike
    Chapter 13 SLAPP Motions
    Chapter 14 Answers
    Chapter 15 Reclassification of Cases
    Chapter 16 Cross Complaints
    Chapter 17 Removal to Federal Court

    Volume 2
    Chapter 18 TROs and Preliminary Injunctions
    Chapter 19 Attachment
    Chapter 20 Claim & Delivery
    Chapter 21 Lis Pendens
    Chapter 22 Disqualification of Judge
    Chapter 23 Case Management
    Chapter 24 Pretrial ADR
    Chapter 25 Reference
    Chapter 26 Law and Motion Procedure
    Chapter 27 Service of Papers
    Chapter 28 Stipulations
    Chapter 31 Intervention
    Chapter 32 Notice or Related Cases, Consolidation, Coordination, and Severance of Actions

    Volume 3
    Chapter 33 Class Actions
    Chapter 34 Amended and Supplemental Pleadings
    Chapter 35 Sanctions
    Chapter 36 Defaults and Motions for Relief
    Chapter 37 Settlement and Release
    Chapter 38 Summary and Judgment
    Chapter 39 Voluntary Dismissal
    Chapter 40 Dismissal for Delay in Bringing to Trial
    Table of Cases
    Table of Statutes
    Index

    Paul R. Kiesel is a partner with Kiesel, Boucher & Larson, LLP, Beverly Hills, California. His practice is devoted to the representation of consumers in personal injury, products liability, class action, construction defect and toxic tort litigation. After serving on the Board of Governors for the California and Los Angeles Trial Lawyers Association (now the Consumer Attorneys Association of California and Los Angeles), he has been elected an Emeritus Board Member of both organizations. Mr. Kiesel is also serving a two-year term on the Board of Governors for the Association of Business Trial Lawyers. Mr. Kiesel has been recognized as one of the top 50 trial lawyers by the Los Angeles Business Journal and by California Law Business as one of the 100 most influential attorneys in the State of California. He writes a monthly technology column for the Los Angeles Daily Journal and is a frequent presenter at continuing legal education programs.


    The Honorable Peter D. Lichtman is a Judge of the Los Angeles Superior Court and former Supervising Judge of the Complex Litigation Program. Prior to that, Judge Lichtman served as a civil fast track judge. He was previously an attorney in private practice for 17 years, with concentration in the area of complex civil litigation. He has authored numerous articles and contributed to legal publications, as well as lecturing widely in the area of civil litigation.


    Edith R. Matthai is a partner with Robie & Matthai, a Professional Corporation, in Los Angeles, California, where her practice centers on professional malpractice defense, insurance related litigation and business litigation. Ms, Matthai is also serving a term on the Board of Governors for the Association of Business Trial Lawyers. Ms. Matthai served as a Trustee of the Los Angeles County Bar Association. She has also served as President and Senior Vice President of the Los Angeles County Bar Association. Ms. Matthai has served for six years on the Judicial Council Task Force that has prepared the new Judicial Council Civil Jury Instructions for California. Ms. Matthai was named by California Lawyer as one of the prominent California attorneys in the defense of legal malpractice actions, and by the Los Angeles Daily Journal/San Francisco Recorder as one of the top 30 women litigators in California.


    Richard L. Seabolt is a partner in the San Francisco office of Duane Morris LLP. Mr. Seabolt has extensive experience in complex trials and appeals arising from commercial disputes in the technology, entertainment, construction, and insurance industries. Mr. Seabolt frequently speaks and writes on civil litigation topics and topics involving his particular practice areas. He is currently an Advisor to the Litigation Section Executive Committee for the California State Bar. He previously served as Chair and Vice-Chair of the Litigation Section of the State Bar of California. He also is a member of the Judicial Council's Civil Jury Instructions (''CACI'') Advisory Committee, the Board of Governors of the Association of Business Trial Lawyers (ABTL), Northern California Chapter and the American Arbitration Association's Large Complex Case Panel.


  • Matthew Bender Practice Guide: California Civil Discovery

    Author : Paul R. Kiesel, The Honorable Peter D. Lichtman, Edith R. Matthai, Richard L. Seabolt, Evelio M. Grillo

    Publisher : Matthew Bender

    Available Formats :
    • Format: 1 volume, looseleaf, updated twice per year, Print
      Book
      ISBN: 9780820556833

      $376 {"prodid": "46812", "pubstatus" : "132", "sku" : "SKU46812"}
    • Format: Electronic book: epub
      ISBN: 9781422484562

      $343 {"prodid": "46812", "pubstatus" : "132", "sku" : "sku-us-ebook-01290-epub"}
    • Format: Electronic book: mobi
      ISBN: 9781422484562

      $343 {"prodid": "46812", "pubstatus" : "132", "sku" : "sku-us-ebook-01290-mobi"}
    • Full Description
    • Table of Contents
    • Author/Contributor

    Matthew Bender Practice Guide: California Civil Discovery
    View a sample of this title using the ReadNow feature

    Make the Most of California Civil Discovery Procedure and Strategy

    Work with total confidence that you have the right information, right at your fingertips, to handle any discovery issue or task that comes up in California civil litigation. Matthew Bender Practice Guide: California Civil Discovery contains all the information you need to handle discovery requests and responses including:
    • Interrogatories
    • Requests for Admissions
    • Requests for Inspection of Documents or Things
    • Depositions
    • Physical and Mental Examinations
    • Exchange of Expert Information

    In addition, this invaluable single-volume source contains detailed guidance regarding:
    • Discovery Strategy and Planning
    • Law and Motion Procedure
    • Discovery of Electronic Information
    • Preservation of Evidence/Avoiding Spoliation of Evidence Claims
    • Sanctions
    • Review of Discovery Orders

    Matthew Bender Practice Guide: California Civil Discovery represents the new standard in practice guides. You'll find streamlined chapter organization, precise guidance on finding pertinent online information, cross references to additional relevant content, and Strategic Points, Warnings, and other types of practical tips highlighted by icons and headings that classify the tips by type so you can tell at a glance what type of information you will find in the tip.

    You can be sure you are fully prepared with the step-by-step guidance of checklists and the ready availability of time-saving forms. Cross references give you instant access to relevant cases, statutes, rules, public records and secondary sources that include Matthew Bender's indispensable online publications. And with updates twice a year, you'll always have fast, accurate and up-to-date answers to procedural questions.

    Matthew Bender Practice Guide: California Civil Discovery offers expert analyses, procedures, forms, and references for total research and guidance support.

    Matthew Bender California Practice Guides: The Fresh New Perspective in California Research

    Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.

    With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek.

    Featuring more of what you're looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.

    Chapter 1 Strategy and Planning

    Chapter 2 Scope of Discovery

    Chapter 3 Sanctions

    Chapter 4 Law and Motion Procedure

    Chapter 5 Discovery of Computer Records

    Chapter 6 Oral Depositions in California

    Chapter 7 Oral Depositions Outside California

    Chapter 8 Depositions on Written Questions

    Chapter 9 Interrogatories

    Chapter 10 Inspection of Documents, Tangible Evidence and Land

    Chapter 11 Physical and Mental Examinations

    Chapter 12 Requests for Admissions

    Chapter 13 Exchange of Expert Witness Information

    Chapter 14 Preservation of Evidence

    Chapter 15 Review of Discovery Orders

    The Honorable Peter D. Lichtman is a Judge of the Los Angeles Superior Court and former Supervising Judge of the Complex Litigation Program. Prior to that, Judge Lichtman served as a civil fast track judge. He was previously an attorney in private practice for 17 years, with concentration in the area of complex civil litigation. He has authored numerous articles and contributed to legal publications, as well as lecturing widely in the area of civil litigation.


    Edith R. Matthai is a partner with Robie & Matthai, a Professional Corporation, in Los Angeles, California, where her practice centers on professional malpractice defense, insurance related litigation and business litigation. Ms, Matthai is also serving a term on the Board of Governors for the Association of Business Trial Lawyers. Ms. Matthai served as a Trustee of the Los Angeles County Bar Association. She has also served as President and Senior Vice President of the Los Angeles County Bar Association. Ms. Matthai has served for six years on the Judicial Council Task Force that has prepared the new Judicial Council Civil Jury Instructions for California. Ms. Matthai was named by California Lawyer as one of the prominent California attorneys in the defense of legal malpractice actions, and by the Los Angeles Daily Journal/San Francisco Recorder as one of the top 30 women litigators in California.


    Richard L. Seabolt is a partner in the San Francisco office of Duane Morris LLP. Mr. Seabolt has extensive experience in complex trials and appeals arising from commercial disputes in the technology, entertainment, construction, and insurance industries. Mr. Seabolt frequently speaks and writes on civil litigation topics and topics involving his particular practice areas. He is currently an Advisor to the Litigation Section Executive Committee for the California State Bar. He previously served as Chair and Vice-Chair of the Litigation Section of the State Bar of California. He also is a member of the Judicial Council's Civil Jury Instructions (''CACI'') Advisory Committee, the Board of Governors of the Association of Business Trial Lawyers (ABTL), Northern California Chapter and the American Arbitration Association's Large Complex Case Panel.


    Paul R. Kiesel is a partner with Kiesel, Boucher & Larson, LLP, Beverly Hills, California. His practice is devoted to the representation of consumers in personal injury, products liability, class action, construction defect and toxic tort litigation. After serving on the Board of Governors for the California and Los Angeles Trial Lawyers Association (now the Consumer Attorneys Association of California and Los Angeles), he has been elected an Emeritus Board Member of both organizations. Mr. Kiesel is also serving a two-year term on the Board of Governors for the Association of Business Trial Lawyers. Mr. Kiesel has been recognized as one of the top 50 trial lawyers by the Los Angeles Business Journal and by California Law Business as one of the 100 most influential attorneys in the State of California. He writes a monthly technology column for the Los Angeles Daily Journal and is a frequent presenter at continuing legal education programs.


    The Honorable Evelio M. Grillo is a Judge of the Alameda County Superior Court. Prior to his appointment to the bench, Judge Grillo served as a discovery referee and special master by appointment of the Alameda County Superior Court and was a partner in Grillo & Stevens LLP, located in Oakland, California, a firm specializing in the representation of municipalities in civil rights litigation and businesses and individuals in litigation involving claims of fraud, negligence, breach of contract, wrongful termination, and breach of fiduciary duty. Judge Grillo is a contributing author to and member of the editorial board of California Forms of Pleading and Practice and has published and lectured in the areas of civil procedure and summary judgment. Judge Grillo is a 1985 graduate of Harvard Law School and holds a Masters of Public Policy degree from the University of California at Berkeley.


  • Matthew Bender Practice Guide: California E-Discovery and Evidence

    Author :

    Publisher : Matthew Bender

    Available Formats :
    • Format: 1 Volume, Loose-leaf, Updated twice annually, Print
      Book
      ISBN: 9781422471104

      $363 {"prodid": "prod12350400", "pubstatus" : "132", "sku" : "sku1300289"}
    • Format: Electronic book: epub
      ISBN: 9781422484593

      $330 {"prodid": "prod12350400", "pubstatus" : "132", "sku" : "sku-us-ebook-01550-epub"}
    • Format: Electronic book: mobi
      ISBN: 9781422484593

      $330 {"prodid": "prod12350400", "pubstatus" : "132", "sku" : "sku-us-ebook-01550-mobi"}
    • Full Description
    • Table of Contents
    • Author/Contributor

    Matthew Bender Practice Guide: California E-Discovery and Evidence
    View a sample of this title using the ReadNow feature

    Stay at the cutting edge of this rapidly developing area of California litigation with one-stop convenience. Matthew Bender Practice Guide: California E-Discovery and Evidence gives you detailed, step-by-step coverage of the use of electronically stored information (ESI) in California state court litigation, and keeps you on top of the latest analyses, procedures, strategies and more with two timely updates every year.

    This one-volume practice guide fully incorporates California's 2009 Electronic Discovery Act and implementing rules of court. It discusses the discovery of ESI ("e-discovery"), including detailed checklists, discussion, practice tips, and sample California-specific forms, and also includes discussion of data storage and other technical issues relevant to e-discovery, with a glossary of technical terms. Matthew Bender Practice Guide: California E-Discovery and Evidence is the only publication of its kind available for California e-discovery and is a "must" for all attorneys involved in e-discovery under the California Electronic Discovery Act.

    Matthew Bender Practice Guide: California E-Discovery and Evidence is the only one-stop California-specific guide to this increasingly critical area of California litigation.

    Matthew Bender California Practice Guides: The Fresh New Perspective in California Research

    Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.

    With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek.

    Featuring more of what you’re looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.

    Chapter 1, Understanding Electronic Evidence
    Chapter 2, Governing Law In Electronic Discovery
    Chapter 3, Ethical Issues For Attorneys In E-Discovery
    Chapter 4, Planning E-Discovery
    Chapter 5, Initial Procedures In E-Discovery: Notice, Document Preservation, Meeting and Conferring, and Case Management Conference
    Chapter 5A, E-Discovery Deposition Practice
    Chapter 6, Demanding Production of Electronically Stored Information In California Court
    Chapter 7, Obtaining Injunction to Protect Against Destruction of Electronic Evidence Pending Discovery
    Chapter 8, Responding To Electronic Discovery Demands In California Court
    Chapter 9, Gathering and Producing Electronically Stored Information
    Chapter 10, Opposing Demands for Production of Electronic Evidence In California Court
    Chapter 11, Seeking or Opposing Protective Order
    Chapter 12, Obtaining or Opposing Motion to Compel
    Chapter 13, Seeking or Opposing Sanctions For Noncompliance
    Chapter 14, Discovery of Electronically Stored Information Residing In Foreign Jurisdictions
    Chapter 15, Admissibility of Electronic Evidence at Trial
    Chapter 16, Establishing Best Practices Regarding Electronically Stored Information
    Michael F. Kelleher is a partner in the San Francisco office of Folger Levin & Kahn LLP, where he practices complex commercial litigation, specializing in the litigation of technology issues, including electronic discovery. Mr. Kelleher has a strong technical background in addition to his legal experience. In college he studied computer programming and did database work and synthesis in a graduate chemistry laboratory while earning his bachelor's degree in chemistry. Subsequently, he served as a naval officer on board a nuclear submarine, including service as Reactor Controls Officer and Communications Officer.

    As a litigator, Mr. Kelleher has frequently applied his engineering and science background to the litigation of electronic discovery issues. In 2003 and 2004, he had the opportunity to litigate electronic discovery issues extensively in the unfair competition case of PeopleSoft v. Oracle in Alameda County Superior Court. That case involved over 10 million pages of electronically stored information. In trade secret cases, he has also litigated spoliation claims and expert forensic recovery of deleted electronic data.

    Mr. Kelleher frequently writes and speaks on electronic discovery and litigation technology issues. He serves on the LexisNexis Litigation Services Client Advisory Board and on the board of the San Francisco Intellectual Property Law Association.

    Mr. Kelleher is a graduate of the University of California, Berkeley School of Law (J.D., 1992, Order of the Coif) and the University of Utah (B.A. in chemistry, 1984, magna cum laude). After law school, he served as a law clerk to Judge Harold Fong, United States District Court for the District of Hawaii. Mr. Kelleher is a member of the California Bar, and is admitted to practice before the United States Patent and Trademark Office.
  • Matthew Bender Practice Guide: California Trial and Post-Trial Civil Procedure

    Author : Patrick A. Cathcart, Daralyn J. Durie, Otis McGee, Jr., The Honorable Ronald S. Prager

    Publisher : Matthew Bender

    Available Formats :
    • Format: 2 volumes, looseleaf, updated twice a year, Print
      Book
      ISBN: 9780820564067

      $501 {"prodid": "58919", "pubstatus" : "132", "sku" : "SKU58919"}
    • Format: Electronic book: epub
      ISBN: 9781422484586

      $456 {"prodid": "58919", "pubstatus" : "132", "sku" : "sku-us-ebook-01393-epub"}
    • Format: Electronic book: mobi
      ISBN: 9781422484586

      $456 {"prodid": "58919", "pubstatus" : "132", "sku" : "sku-us-ebook-01393-mobi"}
    • Full Description
    • Table of Contents
    • Author/Contributor

    Matthew Bender Practice Guide: California Trial and Post-Trial Civil Procedure
    View a sample of this title using the ReadNow feature

    From preparing for trial and tailoring procedure to local rules to presenting the case and attacking or defending the judgment, Matthew Bender Practice Guide: California Trial and Post-Trial Civil Procedure brings you confidently up to speed on every issue, procedure, and detail you'll likely encounter in California trial and post-trial proceedings.

    Authored by experts with over 100 years of combined legal experience and updated twice a year, this guidance-packed resource helps you successfully make the most of every step involving:

    • Preparing for Trial
    • Jury Selection
    • Witness Preparation
    • Burden of Proof and Persuasion
    • Motions During Trial
    • Closing Argument
    • Jury Instructions
    • Judgments
    • Motions for Judgment, New Trial or Mistrial
    • Contempt
    • Entry of Judgment
    • Much more

    An essential addition to your litigation library, Matthew Bender Practice Guide: California Trial and Post-Trial Civil Procedure is also the perfect complement to Matthew Bender Practice Guide: California Pretrial Civil Procedure and Matthew Bender Practice Guide: California Civil Discovery.

    Matthew Bender Practice Guide: California Trial and Post-Trial Civil Procedure offers one-stop access to expert analysis and guidance that's always up to date.

    Matthew Bender California Practice Guides: The Fresh New Perspective in California Research

    Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.

    With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek.

    Featuring more of what you're looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.

    Volume 1
    Chapter 1 Preparing for Trial
    Chapter 2 Public Access to Trial and Records
    Chapter 3 Notice of Trial
    Chapter 4 Final Pretrial Conference
    Chapter 5 Non-Jury Trials
    Chapter 6 Jury Selection
    Chapter 7 Compelling Witness Attendance and Witness Preparation
    Chapter 8 Interpreters
    Chapter 9 Burden of Proof and Persuasion
    Chapter 10 Opening Statement
    Chapter 11 Questioning Witnesses and Objections
    Chapter 12 Motion for Nonsuit and Other Motions During Trial
    Chapter 13 Motion for Judgment
    Chapter 14 Motion for Directed Verdict
    Chapter 15 Closing Argument
    Chapter 16 Jury Instructions
    Chapter 17 Dealing With the Jury
    Chapter 18 Jury Verdicts

    Volume 2
    Chapter 19 Introduction to Judgments
    Chapter 20 Motions for Judgment Notwithstanding the Verdict
    Chapter 21 Motion for New Trial
    Chapter 22 Motion for Mistrial
    Chapter 23 Contempt
    Chapter 24 Costs
    Chapter 25 Collecting Attorney's Fees From Client
    Chapter 25A Recovering Attorney's Fees From the Other Party
    Chapter 26 Entry of Judgment
    Chapter 27 Motion to Vacate Judgment and Enter Different Judgment
    Chapter 28 Correcting and Modifying Judgment
    Chapter 29 Setting Aside Judgments and Orders
    Table of Cases
    Table of Statutes
    Index

    Patrick Cathcart is a founding partner in the Los Angeles law firm Cathcart Collins LLP. For over twenty-five years, his practice has emphasized complex business trials and appeals, including multi-party insurance coverage litigation and professional liability matters. Mr. Cathcart was trial counsel for London market insurers in Fuller-Austin v. Fireman¿s Fund Ins. Co., et al. (2006) 135 Cal. App. 4th 958, and lead counsel for the successful appeal in Certain Underwriters at Lloyd's, London v. Superior Court (Powerine) 24 Cal. 4th 945 (2001). Mr. Cathcart is the current President of the Association of Business Trial Lawyers (Los Angeles). Following law school, Mr. Cathcart clerked for United States District Judge Spencer Williams, in the Northern District of California. He was a Research Assistant in 1974-1975 to Hon. Arthur J. Goldberg, Associate Justice of the United States Supreme Court, retired. During law school, Mr. Cathcart was Editor-in-Chief of the Hastings Constitutional Law Quarterly.


    The Honorable Ronald S. Prager has served as a Judge of the San Diego Superior Court for over 18 years. For the past ten plus years he has been assigned as a civil independent calendar judge presiding over a broad spectrum of civil cases including complex statewide coordinated class actions involving tobacco companies and the natural gas anti-trust cases. Judge Prager is a frequent panelist on civil litigation topics before various groups including bar associations and the Association of Business Trial Lawyers. He currently serves as an advisor judge to the Executive Committee of the State Bar Litigation Section.


    Daralyn Durie is a partner at Keker and Van Nest in San Francisco+C31, California. Ms. Durie has tried cases in both the state and federal courts in a wide range of areas including patent, trade secret, and unfair competition. Her practice focuses on intellectual property, professional liability, and complex civil litigation. Ms. Durie has been selected by the Daily Journal as one of the top 75 women litigators in California, identified by Chambers & Partners as one of the top intellectual property lawyers on the West Coast, and recognized by Law & Politics as one of the top 50 women lawyers in Northern California. She has served as a Lawyer Representative to the Ninth Circuit Judicial Conference, a member of the Board of Governors of the Northern California Association of Business Trial Lawyers (ABTL), and a member of the faculty of the National Institute for Trial Advocacy.


    Otis McGee, Jr. is a partner in the San Francisco office of Sheppard, Mullin, Richter & Hampton, LLP. Mr. McGee's areas of expertise include the handling of labor and employment matters on behalf of management, and the defense of products liability and toxics matters, and general commercial litigation, including class actions. In 2001, as a result of his substantial jury trial experience, Mr. McGee was inducted into the American Board of Trial Advocates (ABOTA). He presently serves as a member of the National Board of ABOTA. He is formerly member of the Board of Directors, Northern California Association of Defense Counsel, Lawyers' Representative to the Ninth Circuit Judicial Conference, Commissioner of the State Bar of California, Judicial Nominees' Evaluation Commission and Director of the Bar Association of San Francisco. He has lectured frequently on such topics as "Civil Litigation Before Trial," "Effective Jury Voir Dire," "Effective Use of Video In Trial," and served as a faculty member of the American Bar Association Showcase Program, "Litigating the Titanic, The Original and Greatest Disaster of This Century", ABA Annual Convention, Toronto, Canada, August, 1998 and the State Bar of California Litigation Section, "Champions of the Courtroom, The Masters in Action", April 2001.


  • Matthew Bender Practice Guide: California Civil Appeals and Writs

    Author : Kira L. Klatchko; Benjamin G. Shatz

    Publisher : Matthew Bender

    Available Formats :
    • Format: Two volumes, Print Book
      ISBN: 9780769858371

      $502 {"prodid": "prod20620328", "pubstatus" : "132", "sku" : "sku9610328"}
    • Format: Electronic book: epub
      ISBN: 9781630446567

      $379 {"prodid": "prod20620328", "pubstatus" : "132", "sku" : "sku-us-ebook-01758-epub"}
    • Format: Electronic book: mobi
      ISBN: 9781630446567

      $379 {"prodid": "prod20620328", "pubstatus" : "132", "sku" : "sku-us-ebook-01758-mobi"}
    • Full Description
    • Table of Contents
    • Author/Contributor

    Matthew Bender Practice Guide: California Civil Appeals and Writs
    View a sample of this title using the ReadNow feature

    Obtaining a litigation judgment is only part of the process; and more often than not the case is taken on appeal. Secure your trial court victory on appeal, or reverse the judgment due to trial court errors, with Matthew Bender Practice Guide: California Civil Appeals and Writs that analyzes appeals and writs from both points of view. This publication addresses:
    •   Composition of appellate courts.
    •   Standards of appellate review and appealable judgments and orders.
    •   Standing on appeal.
    •   Notice of appeal and stay of enforcement.
    •   Record on appeal.
    •   Motions practice.
    •   Dismissal and abandonment.
    •   Briefs.
    •   Settlement conferences and mediation.
    •   Hearing, decision, and rehearing.
    •   Supreme Court review.
    •   Remittitur to trial courts.
    •   Sanctions, costs, and fees on appeal.
    •   Limited civil case appeals.
    •   Small claims appeals.
    •   Writs of mandate and prohibition.
    •   Writs of review (certiorari).

    An essential addition to your litigation library, Matthew Bender Practice Guide: California Civil Appeals and Writs is also the perfect complement to Matthew Bender Practice Guide: California Pretrial Civil Procedure, Matthew Bender Practice Guide: California Civil Discovery, Matthew Bender Practice Guide: California E-Discovery and Evidence, Matthew Bender Practice Guide: Trial and Post-Trial Civil Procedure, and Matthew Bender Practice Guide: California Debt Collection and Enforcement of Judgments.
    Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.
    With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek.
    Featuring more of what you're looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.

    Chapter 1 Appeals Milestone Checklists
    Chapter 2 Appellate Court System and Standards of Appellate Review
    Chapter 3 Appealable Judgments and Orders
    Chapter 4 Standing on Appeal
    Chapter 5 Notice of Appeal and Cross-Appeal
    Chapter 6 Stay of Enforcement
    Chapter 7 Record on Appeal
    Chapter 8 Shortening/Extending Time, and Relief From Default
    Chapter 9 Motions Procedure
    Chapter 10 Dismissal, Abandonment, and Stipulated Reversal
    Chapter 11 Briefs
    Chapter 12 Settlement Conference and Mediation
    Chapter 13 Hearing and Decision
    Chapter 14 Rehearing
    Chapter 15 Supreme Court Review
    Chapter 16 Remittitur to Trial Court
    Chapter 17 Sanctions on Appeal
    Chapter 18 Costs and Attorney’s Fees On Appeal
    Chapter 19 Limited Civil Case Appeals
    Chapter 20 Small Claims Appeals
    Chapter 21 Writs Milestone Checklists
    Chapter 22 Writs of Mandate and Prohibition
    Chapter 23 Writ of Review (Certiorari)
    Table of Cases
    Table of Statutes
    Index
    Kira L. Klatchko is a certified Appellate Law Specialist with extensive experience handling both state and federal writs and appeals arising from all areas of civil practice for clients as varied as public entities, businesses, and families. She is a partner at the firm of Best, Best & Krieger LLP, where she chairs the firm's appellate practice. Ms. Klatchko has chaired the California State Bar Committee on Appellate Courts and the Riverside County Bar Association Appellate Section. She frequently lectures and writes on appellate issues, and is a co-author of the California chapter of the Appellate Practice Compendium (ABA 2012), an insider's guide to appellate practice. Ms. Klatchko earned a B.A. in Political Science, with distinction, from the University of California, Berkeley, and a J.D. from the University of California, Davis. She earned her M.B.A. from the Executive Management Program at the Peter F. Drucker and Masatoshi Ito School of Management at Claremont Graduate University.
    Benjamin G. Shatz, a certified Appellate Specialist, co-chairs the Appellate Practice Group at Manatt, Phelps & Phillips, LLP. He has briefed hundreds of civil appeals, writs and petitions to the U.S. Supreme Court, U.S. Courts of Appeals, California Supreme Court and California Courts of Appeal, covering areas of law including entertainment, copyright, trademark, employment, land use, banking, insurance, product liability, professional liability, wrongful death, punitive damages, class actions, anti-SLAPP and unfair competition. He has chaired the California State Bar Committee on Appellate Courts and the Los Angeles County Bar Appellate Courts Committee. He currently serves on the Executive Committee of the LA County Bar Appellate Courts Section; administers the Appellate Court Experience program; Chairs the LA County Bar's State Appellate Judicial Evaluation Committee; and is Editor-in-Chief of California Litigation, the journal of the State Bar's Litigation Section. Before private practice he was a law clerk for The Honorable Robert J. Johnston, United States Magistrate Judge for the District of Nevada, and an extern for The Honorable Dorothy W. Nelson, United States Court of Appeals for the Ninth Circuit. He is a frequent lecturer and author, having been published in California Litigation, California Lawyer, Los Angeles Lawyer, Inside Counsel, The Daily Journal, The Recorder, For the Defense, California Defender, CEB Civil Litigator Reporter, and many other legal publications. He blogs at Southern California Appellate News.
  • Matthew Bender Practice Guide: California Debt Collection and Enforcement of Judgments

    Author : William I. Goldsmith, Daniel J. McCarthy, Breck E. Milde, Susan L. Vaage

    Publisher : Matthew Bender

    Available Formats :
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      ISBN: 9780327168997

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      ISBN: 9780327168997

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      Book
      ISBN: 9780820564050

      $501 {"prodid": "60140", "pubstatus" : "132", "sku" : "SKU60140"}
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    Matthew Bender Practice Guide: California Debt Collection and Enforcement of Judgments
    View a sample of this title using the ReadNow feature

    From prelitigation collection procedures through post-judgment enforcement, Matthew Bender Practice Guide: California Debt Collection and Enforcement of Judgments lets you confidently handle all aspects of debt collection procedure and litigation in California from start to finish. You get hands-on expertise and guidance from top California practitioners to help you quickly and effectively:

    • Enforce a judgment
    • Find everyone who is liable
    • Locate the opposing party's assets
    • Preserve those assets pending collection
    • Conduct postjudgment discovery
    • Garnish wages
    • Enforce an out-of-state judgment in California

    You can be sure you are fully prepared for anything with the step-by-step guidance of checklists and the ready availability of key, time-saving forms. Cross references give you instant access to relevant cases, statutes, rules, public records and secondary sources including Matthew Bender's full array of online publications. And with updates twice a year, you'll always have quick, accurate and up-to-date answers to procedural questions that arise.

    If you're a California litigator, you'll find that this indispensable tool - together with Matthew Bender Practice Guide: Civil Discovery, Matthew Bender Practice Guide: Pretrial Civil Procedure, and Matthew Bender Practice Guide: Trial and Post-Trial Civil Procedure - equip you to handle all aspects of civil litigation in California from start to finish.

    Matthew Bender Practice Guide: California Debt Collection and Enforcement of Judgments provides expert coverage of California debt collection law and procedure.

    Matthew Bender California Practice Guides: The Fresh New Perspective in California Research

    Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.

    With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek.

    Featuring more of what you're looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.

    Volume 1
    Chapter 1 Planning Collection of Debt
    Chapter 2 Locating the Debtor and Identifying the Debtor’s Assets
    Chapter 3 Effect of Bankruptcy
    Chapter 4 Fraudulent Transfers
    Chapter 5 Debt Collection Prior to Litigation
    Chapter 6 Litigation to Recover Debts—Selecting Appropriate Cause of Action
    Chapter 7 Litigation to Recover Debts—Trying and Proving the Case
    Chapter 8 Preserving Assets During Litigation or Pending Enforcement of Judgment
    Chapter 9 Planning Enforcement of Judgment
    Chapter 10 Postjudgment Discovery
    Chapter 11 Obtaining and Removing Judgment Liens
    Chapter 12 Determining Priority and Sources of Liens
    Chapter 13 Expiration and Renewal of Judgments

    Volume 2
    Chapter 14 Assigning a Judgment
    Chapter 15 Staying Enforcement of Judgment
    Chapter 16 Executing and Levying Against Personal Property
    Chapter 17 Executing and Levying Against Real Property
    Chapter 18 Execution Sales
    Chapter 19 Redemptions
    Chapter 20 Miscellaneous Creditor’s Remedies
    Chapter 21 Garnishment
    Chapter 22 Enforcing Nonmoney Judgments
    Chapter 23 Third Party Claims
    Chapter 24 Discharge and Satisfaction of Judgments
    Chapter 25 Enforcing Out of State Judgments in California
    Table of Cases
    Table of Statutes
    Index

    Susan L. Vaage is a partner in the Los Angeles firm of Graham • Vaage, LLP. Since her admission to practice, Ms. Vaage has specialized in the representation of financial institutions in state, federal and bankruptcy courts. She has extensive jury trial experience, primarily defending significant lender liability claims, and has handled a variety of commercial and bankruptcy cases in areas such as enforcement of guarantees, commercial loans, secured transactions, real property, and consumer law. She has also assisted the firm's financial institution clients in connection with multi-million dollar commercial loan workouts, analyzed litigation risks in connection with problem loans, and successfully defended creditors against a wide variety of claims including fraud, breach of fiduciary duty, bad faith, unfair business practices, unconscionability, RICO violations, and wrongful termination. She has done transactional and documentation work, inter-creditor negotiations and agreements, and has assisted clients with lease and real property purchase and sale negotiations.

    Ms. Vaage has lectured to many industry and Bar groups on topics related to her areas of expertise, and frequently speaks to in-house groups for representative clients, including the California Bankers Association and the National Business Institute. She is a member of the State Bar of California (former Member, Debtor/Creditor Relations and Bankruptcy Committee of the Business Law Section), the Financial Lawyers Conference, the Los Angeles Bankruptcy Forum, the Los Angeles County Bar Association and its Commercial Law and Bankruptcy and Provisional Remedies Subsections, the Commercial Law League, the American Bankruptcy Institute, the Los Angeles Mexican American Bar Association, and the California Receivers Forum. She has served as Judge Pro Tem for the Los Angeles Superior Court for over 10 years, and has been appointed as a court receiver. She received her undergraduate degree from the University of California, Irvine in 1975, and earned her J.D. from Loyola Law School, Los Angeles, in 1978.


    Breck E. Milde is a founding partner of the San Jose firm of Terra Law, LLC. He has extensive litigation experience in the state and federal courts in the areas of commercial law, secured and unsecured transactions, creditor's rights, lender liability, real estate law (including purchase and sale transactions, landlord-tenant disputes, real estate broker liability, boundary and easement disputes and construction law), bank operations law, negotiable instruments, insurance coverage, and bad faith. He also practices bankruptcy law under Chapters 7, 11 and 13 of the Bankruptcy Code, primarily representing creditors in adversary proceedings, relief from stay motions, claims disputes, objections to plans of reorganization, motions for the conversion or dismissal of bankruptcy cases, cash collateral proceedings, enforcement of executory contracts, appointment of trustees, preference and fraudulent transfer litigation, as well as post-confirmation matters.

    Prior to joining Terra Law, Mr. Milde practiced at Jackson Tufts Cole & Black, LLP and, before that, served as legal counsel to Comerica BankCalifornia and its predecessor, Pacific Western Bank.

    He is a past chair of San Jose Bank Attorney Association and currently is a member of the Congressman Don Edwards Inn of Court, a group consisting of bankruptcy judges and attorneys who practice in the area of Chapter 11 bankruptcy. He is a former member of the executive committee of the Santa Clara County Bar Association's Business Litigation Section, and past Chair of the Bankruptcy and Commercial Law Section. He is a member of the California State Bar Association, Litigation and Business Law Sections, and the American Bar Association.

    Mr. Milde is a frequent speaker at seminars and programs in the areas of enforcement of judgments, collections, commercial law, and bankruptcy.

    He earned his JD from the Santa Clara University School of Law, in 1985, and a B.A. with honors from the University of California, Santa Cruz in 1981.


    William I. Goldsmith is a partner in the Northridge law firm of Goldsmith & Hull, specializing in civil litigation, creditors’ rights, and debt collection.

    Mr. Goldsmith has been a frequent lecturer for the National Business Institute, National Association Of Retail Collection Attorneys, Commercial Law League of America, Los Angeles County Bar Association, Small Business Administration, and various business trade groups in the areas of creditors rights, business law, debt collection, enforcement of judgments, equipment leasing, media and entertainment collection issues, and federal courts and debt collection. He has been acknowledged as an authority in the field of creditor’s rights and remedies, and has been quoted on CBS, CNN, Fox Television, the Los Angeles Times, and the Wall Street Journal.

    He is a member of the Los Angeles County and San Fernando Valley Bar Associations, Consumer Attorneys Association of California, Commercial Law League of America, and is a founding member of the National Association Of Retail Collection Attorneys, where he has served as a vice president and member of the board of directors. He is also the former president of the California Creditors Bar Association. He has worked with the California state legislature and has been appointed by the California Judicial Council to serve on committees implementing changes in the procedural requirements affecting the way collection cases are handled, implementing changes making the administration of these matters more efficient for not only the parties, but the courts and attorneys. In 1988, he was chosen by the United States Department of Justice and awarded the initial contract for the use of private law firms to collect debts of the United States of America, including those of the Department of Education, Veterans Administration, Department of Defense, Housing & Urban Development (HUD), Department of Transportation, and Small Business Administration. He has an “AV” Rating from Martindale-Hubbell.

    Mr. Goldsmith has served as a judge pro tem and arbitrator with the Los Angeles County Superior Courts and the Los Angeles County Bar Association (attorney fee disputes). He received his B.A. degree cum laude from the University of California at Los Angeles in 1975, and his J.D. degree from La Verne University in 1978.


    Daniel J. McCarthy is a partner in the Los Angeles firm of Hill, Farrer & Burrill, LLP. He specializes in general business litigation, bankruptcy, out-of-court workouts and liquidation, receiverships, attachments, and collections. His bankruptcy experience includes the representation of creditors in preference, fraudulent transfer and claims objection litigation, landlords in relief from automatic stay and lease assumption and rejection, unsecured creditor committees in Chapter 11 cases, secured creditors in relief from automatic stay, cash collateral and plan confirmation disputes, trustees in significant Chapter 7 liquidations, debtors in all aspects of reorganizing and liquidating bankruptcies, and parties to bankruptcy-related appeals.

    Mr. McCarthy has an "AV" Rating from Martindale-Hubbell and was voted a Southern California Super Lawyer (2004 and 2007) in bankruptcy and workout. He is member of the Los Angeles County Bar Association, Trial Lawyers, Commercial Law and Bankruptcy Sections, American Board of Trial Lawyers, Association of Trial Lawyers of America, the State Bar of California, and the American Bar Association Litigation Section. His published works include "Avoiding the Bankruptcy Code's Ratable Distribution Scheme," Los Angeles Lawyer, June 2004.

    He received his J.D. from The University of Michigan Law School in 1981, and his A.B. cum laude from Harvard University in 1978. He was admitted to the California Bar in 1981.


  • Matthew Bender Practice Guide: Federal Pretrial Civil Procedure in California

    Author : Richard Kendall, the Honorable Richard Seeborg, Mary Jo Shartsis, and the Honorable Fern M. Smith

    Publisher : Matthew Bender

    Available Formats :
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      ISBN: 9780820556925

      $1136 {"prodid": "49433", "pubstatus" : "132", "sku" : "SKU49433"}
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      ISBN: 9781579111519

      $1032 {"prodid": "49433", "pubstatus" : "132", "sku" : "sku-us-ebook-01293-epub"}
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    Matthew Bender Practice Guide: Federal Pretrial Civil Procedure in California
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    Matthew Bender Practice Guide: Federal Pretrial Civil Procedure in California guides you step-by-step through the pretrial process, from determining where to file a case to all the way up to trial. With extensive coverage of local rules, you'll immediately understand how they impact your approach to the case in every phase, including:

    • First Steps
    • Pleading Stage
    • Required Conferences and Case Management
    • Provisional Remedies
    • Class Actions
    • Discovery
    • Motion Practice
    • Ending the Case Before Trial
    • Sanctions

    With more checklists, more forms, more cross-references to relevant content such as Moore's Federal Practice, Matthew Bender Practice Guide: Federal Pretrial Civil Procedure in California provides total research support that saves you time and effort. It's the practice guide you need for any federal litigation in California.

    Matthew Bender Practice Guide: Federal Pretrial Civil Procedure in California offers expert analyses, guidance, checklists and forms for total research support.

    Matthew Bender California Practice Guides: The Fresh New Perspective in California Research

    Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.

    With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek.

    Featuring more of what you're looking for in a comprehensive research system – a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.

    Volume 1
    Chapter 1 Litigation Milestone Checklists
    Chapter 2 Determining Forum (Jurisdiction and Venue)
    Chapter 3 Removing a State Court Case to Federal Court
    Chapter 4 Determining Parties to the Action
    Chapter 5 Formatting, Serving, and Filing Paper
    Chapter 6 Drafting the Summons and Complaint
    Chapter 7 Service of Summons
    Chapter 8 Answers and Responsive Motions Under Rule 12

    Volume 2
    Chapter 9 Amending and Supplementing Pleadings
    Chapter 10 Adding, Dropping, and Substituting Parties
    Chapter 11 Counterclaims, Crossclaims, and Replies
    Chapter 12 Third-Party Actions
    Chapter 13 Demanding a Jury Trial
    Chapter 14 Intervention
    Chapter 15 Rule 26(f) Conference and Initial Disclosures
    Chapter 16 Case Management Conferences
    Chapter 17 Final Pretrial Conference
    Chapter 18 Consolidation and Separate Trials
    Chapter 19 Preliminary Injunctions, TROs, and Other Provisional Remedies
    Chapter 20 Class Actions

    Volume 3
    Chapter 21 Discovery Strategy and Planning
    Chapter 22 Regulation of Discovery by Stipulation or Motion
    Chapter 23 Methods of Discovery
    Chapter 24 Restrictions on Scope and Extent of Discovery: Privileges and Work Product
    Chapter 25 Motions to Compel and Discovery Sanctions

    Volume 4
    Chapter 26 Pretrial Motion Practice
    Chapter 27 Defaults and Motions for Relief From Default
    Chapter 28 Dismissal for Delay in Bringing to Trial
    Chapter 29 Summary Judgment
    Chapter 30 Voluntary Dismissal
    Chapter 31 Settlement Agreements and Offers of Judgment
    Chapter 32 Court Annexed ADR
    Chapter 33 Rule 11 Sanctions
    Chapter 34 Other Sanction Provisions
    Chapter 35 Contempt
    Table of Cases
    Table of Statutes
    Index
    United States District Judge (Ret.), Northern District of California. Judge Smith was appointed District Judge for the Northern District of California in 1988. She practiced with Bronson, Bronson, & McKinnon, San Francisco, from 1976-1986, and served as a Judge of the Superior Court of California from 1986-1988. Judge Smith served as director of the Federal Judicial Center in Washington D.C. from 1999-2003. At the completion of her 4-year assignment at the FJC, she returned to the U.S. District Court in San Francisco where she retired from office as of June 30, 2005. Judge Smith actively participates in international judicial delegations involved in the modernization of legal processes in countries throughout the world. She received her J.D. from Stanford Law School in 1975.
    United States Magistrate Judge, Northern District of California Richard Seeborg was appointed Magistrate Judge for the United States District Court in 2001. Judge Seeborg served as a law clerk (1981) to United States District Judge John H. Pratt in Washington D.C. In 1982, he joined Morrison & Foerster's San Francisco office in the litigation department, becoming a partner with the firm in 1987. From 1991 to 1998, Judge Seeborg served as an assistant U.S. attorney for the Northern District of California in San Jose. He rejoined Morrison & Foerster in 1998, where he resumed a litigation practice in the areas of securities, intellectual property, and general commercial matters. He presently serves part-time as an adjunct law professor at the University of Santa Clara. He received his J.D. from Columbia Law School in 1981.
    Irell & Manella LLP, Los Angeles Richard B. Kendall is a partner in Irell & Manella's Litigation workgroup. His practice focuses on such areas as intellectual property, banking, entertainment, and international matters. From 1980 through 1985, Mr. Kendall served as a U.S. Attorney in Los Angeles, including two years as Assistant Chief of the Criminal Division. From 1986 through 1988, Mr. Kendall was a partner with Munger, Tolles & Olson. From 1988 through 1997, Mr. Kendall was a partner at Shearman & Stirling, where he headed the Litigation Group. Mr. Kendall has served as lead trial counsel in over 30 trials and has argued major cases before the United States Supreme Court, the United States Court of Appeals, and the California Supreme Court. He received his J.D. from the University of Southern California in 1979.
    Mary Jo Shartsis is one of the founding partners of the firm Shartsis Friese LLP, San Francisco. She specializes in general business litigation. In June 2003, Ms. Shartsis was chosen as one of the top 50 women litigators in California by the Los Angeles and San Francisco Daily Journal. A substantial portion of her experience is in federal court, and she served as lawyer representative to the Ninth Circuit Judicial Conference from 1994 to 1997. Ms. Shartsis is past chair of the Litigation Section of the Bar Association of San Francisco. She received her J.D. from Boalt Hall (University of California) in 1972.
  • Matthew Bender Practice Guide: California Contract Litigation

    Author : Charles Crompton, Dana Dunwoody, Hon. Jon S. Tigar

    Publisher : Matthew Bender

    Available Formats :
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      ISBN: 9780820558714

      $520 {"prodid": "57019", "pubstatus" : "132", "sku" : "SKU57019"}
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      ISBN: 9781579118891

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    Matthew Bender Practice Guide: California Contract Litigation
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    Now you can more quickly and confidently navigate the ins-and-outs of California contract law and contract litigation with Matthew Bender Practice Guide: California Contract Litigation, a powerful dual media research solution that offers expert guidance on the full range of legal and practice issues that are likely to arise in California cases arising out of contracts.

    The task-based format guides you through all potential claims, defenses, and other issues that might arise in an action arising out of a contract. Insights from California experts are reflected throughout, with strategic points, warnings, traps, and other types of practice tips targeting issues of particular interest. Other features include checklists, elements of causes of action, examples of recent cases applying the principles being discussed, extensive cross-references to relevant CACI and Matthew Bender jury instructions and forms for complaints, answers, and points and authorities illustrating these causes of action.

    You'll find concise, up-to-date coverage of:
    • Jurisdiction and choice of law issues
    • Arbitration and mediation
    • Damages
    • Equitable remedies
    • Various grounds for attacking the validity of a contract, including basic contract elements, fraud, unconscionability, public policy, mistake and many more
    • Rules for construction and interpretation of contracts
    • Breach of contract claims, as well as special rules applicable to contracts for sale of goods under the Uniform Commercial Code
    • Recovery of costs and attorney's fees
    • Pleading requirements for specific causes of action and affirmative defenses

    What's more, this Practice Guide is fully integrated with the LexisNexis Total Research System to provide easy access to relevant online resources, including public records, Matthew Bender Practice Guide series for California, Matthew Bender analytical materials, California and national news sources, and more.

    Matthew Bender Practice Guide: California Contract Litigation is a peerless one-stop source of expert guidance and support covering California contract actions.

    Matthew Bender California Practice Guides: The Fresh New Perspective in California Research

    Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.

    With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek.

    Featuring more of what you’re looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.

    Volume 1
    Chapter 1 Determining the Applicable Law
    Chapter 2 Determining What Causes of Action Exist
    Chapter 3 Determining Jurisdiction and Venue in Contract Actions
    Chapter 4 Determining Applicable Statute of Limitations and Effect on Potential Action
    Chapter 5 Determining Whether to Arbitrate or Litigate
    Chapter 6 Using or Opposing Provisional Remedies in Contract Actions
    Chapter 7 Seeking or Opposing Damages in Contract Actions
    Chapter 8 Seeking or Opposing Equitable Remedies in Contract Actions
    Chapter 9 Seeking or Opposing Quantum Meruit or Quantum Valebant Recovery in Contract Actions
    Chapter 10 Seeking or Opposing Statutory Remedies in Contract Actions
    Chapter 11 Seeking or Opposing Declaratory Relief in Contract Matters
    Chapter 12 Recovering Attorney's Fees and Costs in Contract Litigation
    Chapter 13 Attacking or Defending Existence of Contract - Absence of Essential Element
    Chapter 14 Attacking or Defending Existence of Contract - Lack of Capacity
    Chapter 15 Attacking or Defending Existence of Contract - Failure to Comply With Applicable Formalities
    Chapter 16 Attacking or Defending Existence of Contract - Mistake
    Chapter 17 Attacking or Defending Existence of Contract - Fraud, Duress, Menace, and Undue Influence

    Volume 2
    Chapter 18 Asserting or Defending Claim That Contract Is Illegal, Contrary to Public Policy, or Unconscionable
    Chapter 19 Seeking or Opposing Recovery As Third Party Beneficiary of Contract
    Chapter 20 Asserting Agency Issues in Contract Actions
    Chapter 21 Asserting a Particular Construction of Contract
    Chapter 22 Suing or Defending Action for Breach of Contract
    Chapter 23 Suing or Defending Action for Breach of Duty of Good Faith and Fair Dealing
    Chapter 24 Suing or Defending Action for Breach of Warranty
    Chapter 25 Seeking Recovery for Unauthorized Disclosure of Confidential or Proprietary Information
    Chapter 26 Contract for Sale of Goods - Seeking Remedies Under California Commercial Code
    Chapter 27 Contract for Sale of Goods - Attacking or Defending Existence of Contract Under California Commercial Code
    Chapter 28 Contract for Sale of Goods - Suing or Defending Action for Breach of Contract Under California Commercial Code
    Table of Cases
    Table of Statutes
    Index

    The Hon. Jon S. Tigar was appointed to the Alameda County Superior Court by Governor Davis in December 2001. Prior to assuming the bench, Judge Tigar was a partner in the law firm of Keker & Van Nest, where he specialized in complex commercial litigation. He was also Co-Chair of that firm's Pro Bono Committee, and in 2001 he received the Wiley M. Manuel Award for Pro Bono Legal Services from the State Bar of California. He has also served as a trial lawyer in the San Francisco Public Defender's Office, and as a litigator in the San Francisco office of Morrison & Foerster. He clerked for the late Honorable Robert S. Vance of the Eleventh Circuit Court of Appeals in Birmingham, Alabama.

    Judge Tigar graduated from the Boalt Hall School of Law, where he was a member of Order of the Coif and an Articles Editor of the California Law Review. He also has a Bachelor's Degree in English and Economics from Williams College.

    Judge Tigar is active in several community and professional organizations, including the American Bar Association and the Center for Judicial Education and Research. In 2003, he was elected to the American Law Institute. He has lectured frequently both as a lawyer and as a judge, on topics including the basics of trial practice, pre-trial discovery, evidence, ethics, internal investigations, family law, and the California False Claims Act.

    Judge Tigar currently sits as a Civil Trial Judge.


    From 1998 to 1999 Mr. Dunwoody was Chair of the Executive Committee of the then 11,000 member Litigation Section of the California State Bar, and continues to serve as an Advisor to the Litigation Section. From 1990 to 1994 he served as the Editor?In?Chief of the Litigation Section's newsletter.

    Mr. Dunwoody also served three years on the Board of Directors of the Association of Business Trial Lawyers of San Diego (ABTL) and is a Trial Master of the Welsh Inn of Court. Mr. Dunwoody is a frequent lecturer and panelist on trial and litigation for National Institute of Trial Advocacy (NITA), ABTL, California Continuing Education of the Bar (CEB), and other organizations. He has also served as a Consulting Editor for CEB's ¿Action Guide¿ series.

    Mr. Dunwoody is a partner in the San Diego office of Shepard Mullin Richter and Hampton's Business Trial Practice Group. He was co-founder in 1991 of the law firm of Mazzarella & Dunwoody, & Caldarelli LLP. Mr. Dunwoody has also practiced with the San Diego office of Allen, Matkins, Leck, Gamble & Mallory, San Diego's Luce, Forward, Hamilton & Scripps, and Los Angeles' Cox, Castle & Nicholson. Mr. Dunwoody is a former Judicial Extern for the Honorable Laughlin E. Waters of the United States District Court for the Central District of California. He received his Juris Doctor degree in 1985 from Boalt Hall School of Law at the University of California, Berkeley, where he served as an Associate Editor for the Industrial Relations Law Journal. Mr. Dunwoody received his Bachelor of Arts degree at the University of California, San Diego with High Honors in Economics.

    Since 1985 Mr. Dunwoody has specialized in the trial, arbitration and litigation of complex business and real property matters.


    Charles Crompton is a Litigation Partner in Latham & Watkins' San Francisco Office and a member of the firm's Intellectual Property and Technology Practice Group, as well as the firm's Antitrust and Competition Group.

    Mr. Crompton has handled intellectual property cases involving patent, trademark, copyright claims. He has also handled a number of antitrust cases. In fact, many of Mr. Crompton's most challenging and noteworthy cases involve the balance¿or the conflict, some would say¿between intellectual property rights on the one hand and the limits that the antitrust laws place on the assertion of those rights on the other. In 2004, Mr. Crompton was on the trial team that represented Oracle Corporation in its victory over the U.S. Department of Justice's antitrust challenge to Oracle's acquisition of PeopleSoft.

    Outside the courtroom, Mr. Crompton speaks and writes about his areas of experience. From 1999¿2000, he was the Chair of the Antitrust and Unfair Competition Law Section of the California State Bar. He has lectured on trademark law for the Practicing Law Institute, computer law for Law Seminars International, antitrust law for the State Bar of California, and patent law for the University of California at Berkeley's Boalt Hall. In addition, Mr. Crompton has received state and local awards for his pro bono work on behalf of indigent individuals and non?profit institutions.

    Mr. Crompton received his B.A. from Columbia College in 1985 and his J.D. from Columbia Law School in 1988. From 1988¿1989, he served as Judicial Clerk to the Honorable Jane R. Roth, United States District Court for the District of Delaware. (Judge Roth now sits on the United States Court of Appeals for the Third Circuit.)


  • Matthew Bender Practice Guide: California Unfair Competition and Business Torts

    Author : The Honorable Conrad Rushing, Bruce Simon, and Elia Weinbach

    Publisher : Matthew Bender

    Available Formats :
    • Format: 1 volume, looseleaf, Print Book
      ISBN: 9780820558707

      $413 {"prodid": "49852", "pubstatus" : "132", "sku" : "SKU49852"}
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      ISBN: 9781579118662

      $376 {"prodid": "49852", "pubstatus" : "132", "sku" : "sku-us-ebook-01347-epub"}
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    Matthew Bender Practice Guide: California Unfair Competition and Business Torts
    View a sample of this title using the ReadNow feature

    From identifying actionable unfair competition and selecting remedies for fraud claims to defending against cyber squatting and trademark infringement, Matthew Bender Practice Guide: California Unfair Competition and Business Torts provides comprehensive and practical coverage of the Unfair Competition Law (B&P § 17200) and frequently litigated business torts. The task-based format provides clear guidance and practice tips from expert California practitioners, including strategic points, warnings, and traps on all relevant topics involving:

    • Unfair Competition
    • False/Misleading Advertising
    • Fraud
    • Antitrust
    • Interference With Economic Relationships
    • Misappropriation/Conversion
    • Trade Secrets
    • Commercial Defamation
    • Trademark/Cybersquatting

    Other features include checklists, highlighted elements for each cause of action, and extensive forms, including sample complaints.

    This indispensable Practice Guide is integrated with the LexisNexis Total Research System to provide easy access to relevant online resources, including public records, Matthew Bender Practice Guide series for California, Matthew Bender analytical materials, California and national news sources, and more.

    Matthew Bender Practice Guide: California Unfair Competition and Business Torts provides expert analysis and guidance for total research support on the topic.

    Matthew Bender California Practice Guides: The Fresh New Perspective in California Research

    Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.

    With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek.

    Featuring more of what you're looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.

    Chapter 1 Strategy Overview
    Chapter 2 Unfair Competition
    Chapter 3 False/Misleading Advertising
    Chapter 4 Fraud
    Chapter 5 Antitrust
    Chapter 6 Interference w/Economic Relationships
    Chapter 7 Misappropriation/Conversion
    Chapter 8 Trade Secrets
    Chapter 9 Commercial Defamation
    Chapter 10 Trademark/Cybersquatting
    Chapter 11 Civil RICO in California
    Chapter 12 Breach of Fiduciary Duty
    Bruce L. Simon is a San Francisco-based partner at Pearson Simon Soter Warshaw Penny, LLP. Prior to joining this firm, Mr. Simon was a partner at Cotchett Pitre Simon & McCarthy. He received his law degree from Hastings College of Law in 1980, and A.B. in political science from the University of California at Berkeley in 1977. He specializes in complex business litigation, including antitrust, unfair competition, securities and investment fraud, intellectual property and professional negligence. Mr. Simon is Chair of the Business Torts Section for the Association of Trial Lawyers of America, and is Chair-Elect of the California State Bar Antitrust and Unfair Competition Section. He is on the Board of Governors of the Association of Business Trial Lawyers, is a long standing member of the Consumer Attorneys of California, and he was recently appointed to the Board of Directors of the Hastings College of the Law. Simon has been lead counsel in a number of nationwide class actions in both state and federal courts including price fixing, monopolization, group boycott and unfair competition. He has also prosecuted and tried Business & Professions Code ¿17200 cases as well as having written extensively on the subject.
    Justice Conrad L. Rushing is currently the Presiding Justice for California¿s Sixth District Court of Appeal. He received his law degree in 1963 from the University of California at Berkeley (Boalt Hall) and spent several years in private practice before being appointed to the Santa Clara County Superior Court. Justice Rushing spent 24 years on the trial bench, serving in the capacities of Presiding Judge, Supervising Judge, and designated Complex Civil Litigation Judge for the Judicial Council Pilot Complex Litigation Project. During his tenure, Justice Rushing presided over more than 500 jury trials. Many were noted complex litigation cases involving B&P Code ¿ 17200, trade secrets, and antitrust matters. He was twice selected as Trial Judge of the Year by the Santa Clara County Trial Lawyers Association and was named one of the five best judges in the Bay Area by The Recorder. Justice Rushing has lectured widely on the subjects of B&P Code ¿ 17200, trade secrets and antitrust at the University of Santa Clara School of Law, Stanford Law School, and the University of California at Berkeley.
    Judge Elia Weinbach has been a Los Angeles County Superior Court Judge since November 30, 2007. He is currently assigned to the Stanley Mosk Courthouse in Los Angeles. Prior to his appointment to the bench, Judge Weinbach was a partner in Mitchell Silberberg & Knupp, LLP in Los Angeles. He has substantial trial and appellate experience in state and federal courts involving securities, intellectual property,employment, insurance, antitrust, and business contract and tort claims. Judge Weinbach obtained his law degree in 1972 from Harvard University. A former Assistant United States Attorney, Judge Weinbach was a member of Mitchell Silberberg's Governing Board and served as the firm's general counsel as well as chair of its ethics committee. He has written on the subjects of trade secrets and business torts and was formerly Co-Chair of the ABA's Section of Litigation Committee on Corporate Counsel.
  • Matthew Bender Practice Guide: California Landlord-Tenant Litigation

    Author : Andrew Westley, sole practitioner, San Francisco; Michael J. Saltz, Jacobson, Russell, Saltz & Fingerman, LLP, Los Angeles

    Publisher : Matthew Bender

    Available Formats :
    • Format: 1 volume, looseleaf, Print Book
      ISBN: 9780820556949

      $418 {"prodid": "47131", "pubstatus" : "132", "sku" : "SKU47131"}
    • Format: Electronic book: epub
      ISBN: 9781579111106

      $379 {"prodid": "47131", "pubstatus" : "132", "sku" : "sku-us-ebook-01295-epub"}
    • Format: Electronic book: mobi
      ISBN: 9781579111106

      $379 {"prodid": "47131", "pubstatus" : "132", "sku" : "sku-us-ebook-01295-mobi"}
    • Full Description
    • Table of Contents

    Matthew Bender Practice Guide: California Landlord-Tenant Litigation
    View a sample of this title using the ReadNow feature

    Get fast, expert help unraveling all the complexities in California landlord-tenant litigation with this superior single-volume research tool. Matthew Bender Practice Guide: California Landlord-Tenant Litigation covers all the must-have areas of law when dealing in landlord-tenant litigation, including:
    • Unlawful detainer
    • Suits for damages (particularly wrongful eviction and unpaid rent)
    • Service of eviction and termination notices
    • Grounds for termination
    • Subleasing and assignments
    • Local rent controls

    With two releases per year, Matthew Bender Practice Guide: California Landlord-Tenant Litigation provides the most current updates on litigating landlord-tenant cases, including new and revised legislation and new California Court of Appeal and Supreme Court decisions.

    Featuring streamlined chapter organization, an abundance of checklists and forms, and text-highlighting symbols classified by timing, traps, warnings, and more, Matthew Bender Practice Guide: California Landlord-Tenant Litigation is the portable, authoritative publication you should have at your fingertips.

    Matthew Bender Practice Guide: California Landlord-Tenant Litigation combines analysis, guidance, checklists, and more for superior research-speeding support.

    Matthew Bender California Practice Guides: The Fresh New Perspective in California Research

    Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.

    With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides, and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full, and confident understanding you seek.

    Featuring more of what you're looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.

    Chapter 1 Representing Landlords and Tenants: Preliminary Considerations

    Chapter 2 Creation of Tenancy

    Chapter 3 Rights and Duties of Landlord and Tenant During Tenancy

    Chapter 4 Termination of Tenancy

    Chapter 5 Unlawful Detainer

    Chapter 6 Suing a Landlord for Damages

    Chapter 7 Suing a Tenant for Unpaid Rent and Damages

    Chapter 8 Local Rent and Eviction Controls

  • Matthew Bender Practice Guide: California Trust Litigation

    Author : John A. Hartog, Shirley L. Kovar

    Publisher : Matthew Bender

    Available Formats :
    • Format: 1 volume, looseleaf, Print Book
      ISBN: 9781422478455

      $363 {"prodid": "prod14214621", "pubstatus" : "132", "sku" : "sku3154534"}
    • Format: Electronic book: epub
      ISBN: 9781579114855

      $330 {"prodid": "prod14214621", "pubstatus" : "132", "sku" : "sku-us-ebook-01612-epub"}
    • Format: Electronic book: mobi
      ISBN: 9781579114855

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    • Full Description
    • Table of Contents
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    Matthew Bender Practice Guide: California Trust Litigation
    View a sample of this title using the ReadNow feature

    Matthew Bender Practice Guide: California Trust Litigation, a one-volume looseleaf practice guide, provides detailed, practical, up-to-date, and authoritative information on litigating disputes arising out of the creation and operation of trusts in California. Key topics include:

    •   Proceedings attacking the validity and/or existence of a trust (trust contests).
    •   Disputes involving the ownership of trust property.
    •   Petitions for instructions relating to the operation of a trust.
    •   Compelling a trust accounting.
    •   Suits involving claims of breach of duty or malfeasance by the trustee.
    •   Removal of a trustee.
    •   Related matters such as financial abuse of an elder or dependent adult by a trustee, case evaluation, ethical issues, the recovery of trustee and attorney's fees in litigation, and the mediation and settlement of trust disputes.

    Trust litigation can be a highly lucrative field for California attorneys. However, it presents unique issues and procedures that set it apart from other types of general civil litigation, and presents many pitfalls for the unwary and inexperienced. This publication gives estate planners and general civil litigators the basic guidance that they will need to expand their practice into trust litigation, as well as serving as a handy reference source of up-to-date practice information for experienced estate litigators.

    Matthew Bender Practice Guide: California Trust Litigation establishes a new standard in practice guides. You'll find streamlined chapter organization, precise guidance on finding pertinent online information, cross references to additional relevant content, and Strategic Points, Warnings, and other types of practical tips highlighted by icons and headings that classify the tips by type so you can tell at a glance what type of information you will find in the tip. You can be sure you are fully prepared with the step-by-step guidance of checklists and the ready availability of time-saving forms.

    Cross references give you instant access to relevant cases, statutes, rules, public records and secondary sources that include Matthew Bender's indispensable online publications. And with updates twice a year, you'll always have fast, accurate and up-to-date answers to procedural questions.

    Matthew Bender Practice Guide: California Trust Litigation offers expert analyses, procedures, forms, and references for total research and guidance support.

    Contributing Authors
    •   David W. Baer, J.D. (Ch. 5)
    •   Dawn Hall Cauthen, J.D.(Ch. 9)
    •   Kristen E. Caverly, J.D. (Ch. 1)
    •   James P. Cilley (Ch. 7)
    •   Susanne B. Cohen, J.D. (Ch. 11)
    •   Linda S. Durston, PhD, J.D. (Ch. 12)
    •   Michelle C. Glasser, J.D., LLM (Ch. 9)
    •   Margaret M. Hand, J.D. (Ch. 15)
    •   Jerry R. Hauser, J.D. (Ch. 10)
    •   Kay E. Henden, J.D. (Ch.16)
    •   J. Lee Johnson, J.D., LLM (Ch. 6)
    •   Fiona Newell Kaufman, J.D. (Ch. 11)
    •   Jayne Chong-Soon Lee, J.D., LLM (Ch. 4)
    •   David D. Little, J.D. (Ch. 14)
    •   Michael B. McNaughton, J.D. (Chs. 3, 5)
    •   S. Andrew Pharies, J.D. (Ch. 9)
    •   Zachary R. Rayo, J.D., LLM (Chs. 8, 13)
    •   Michele K. Trausch, J.D. (Ch. 3)
    •   Timothy F. Winchester, J.D. (Ch. 2)

    Matthew Bender California Practice Guides: The Fresh New Perspective in California Research

    Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster, and get more of what you're searching for easier. With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek. Featuring more of what you're looking for in a comprehensive research system--a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more. Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.


    Ch. 1. Representing the Beneficiary -- Defining Client's Goals and Managing Expectations
    Ch. 2. Representing the Trustee -- Defining Client's Goals and Managing Expectations
    Ch. 3. Evaluating Ethical Issues
    Ch. 4. Handling Jurisdiction, Venue, Standing, Statute of Limitations, Notice, and Law and Motion Issues
    Ch. 5. Contesting or Defending Validity of Trust or Trust Amendment under Prob. Code § 17200
    Ch. 6. Challenging or Defending Action by Settlor’s Agent Under Power of Attorney
    Ch. 7. Asserting or Defending Claim Regarding Ownership of Trust Property
    Ch. 8. Filing or Opposing Petition Regarding Internal Affairs of Trust Under Prob Code § 17200
    Ch. 9. Seeking or Opposing an Account
    Ch. 10. Asserting or Defending Claim Against Trustee for Breach of Trust or Breach of Fiduciary Duty
    Ch. 11. Asserting or Defending a Claim of Financial Abuse of an Elder or Dependent Adult Against Trustee
    Ch. 12. Seeking or Opposing Removal of Trustee
    Ch. 13. Filing or Opposing Petition for Modification or Termination of Trust Under Prob Code § 15403, 15404, 15408, or 15409
    Ch. 14. Asserting or Opposing Trustee Compensation Claims
    Ch. 15. Paying, Defending, and Objecting to Trustee's Attorney’s Fees and Fee Shifting in Trust Litigation
    Ch. 16. Mediation and Enforcing Settlements
    John A. Hartog possesses particular expertise in counseling trustees administering living trusts and in resolving disputes among beneficiaries and fiduciaries. Mr. Hartog also serves as a mediator in trusts and estates disputes. He is a fellow of the American College of Trust and Estate Counsel and certified by the California Board of Legal Specialization as a Specialist in Taxation Law and in Estate Planning, Trust and Probate Law. He is a former chair of the Executive Committee of the State Bar of California’s Trust and Estates Section and a past Chair of the Estate Planning, Trust and Probate Law Advisory Commission to the California Board of Legal Specialization. Mr. Hartog has been selected to the Super Lawyers® Top 100 list by his peers for six consecutive years. He is co-author of the LexisNexis Matthew Bender publications California Trust Practice and California Wills & Trusts, and the author of numerous published articles. He is also a legal consultant to the California Wills and Trusts document assembly program. He has served as a lecturer at the University of California, Berkeley Law School where he taught “Wills and Trusts.” Mr. Hartog has lectured at the ALI-ABA Advanced Estate Planning Institutes, the California CPA Education Foundation, the UCLA-CEB Estate Planning Institute, the USC Probate and Trust Conference, the Chaminade University Hawaii Tax Institute, and other sponsored programs from Boston to Honolulu. He holds an LL.M. (Taxation) from Golden Gate University of Law, his J.D. degree from Hastings College of the Law, and his B.A. degree from Pomona College.
    Shirley L. Kovar’s practice focuses on complex trust and estate disputes, including international trusts and estates litigation. Ms. Kovar is a Certified Specialist in Trusts and Estates, by the State Bar of California Board of Legal Specialization. She is a Fellow of the American College of Trust and Estate Counsel (ACTEC), where she has chaired the Transfer Tax Study Committee. In this capacity she gave oral and written testimony before the U.S. Senate Finance Committee on federal estate tax reform in April 2008. She is presently a member of ACTEC’s Litigation Committee. She has served as Chair of the Litigation Committee for the Executive Committee of the State Bar Trusts and Estates Section (TEXCOM), where she also served as the Liaison between TEXCOM and the California Law Revision Commission on no contest clause reform. Ms. Kovar is also an Academician in the International Academy of Estate and Trust Law. Her international activities have included a presentation on settlement agreements to international attorneys in Salzburg, Austria. She has been selected as a SuperLawyer (top 5 percent of lawyers in Southern California) from 2007 (when the award was first given) through 2010. Other honors include election to the Board of Governors of the University of Kansas Law School (two terms). Ms. Kovar has twice given presentations at the Annual Meeting of ACTEC Fellows, as well as other numerous CLE presentations, including the University of Southern California Annual Conference. She has written extensively in the areas of trusts and estates disputes and federal estate tax reform. Ms. Kovar graduated in 1974 from the University of Kansas Law School, where she was elected to the Order of the Coif, as Editor-in-Chief of the Kansas Law Review, and was co-recipient of the Samuel Mellinger Award, awarded by the law faculty for Leadership, Scholarship and Service, and by the University of Kansas as Outstanding Woman Graduate in Academics for all graduate schools at the University of Kansas.
  • Cotchett, California Courtroom Evidence

    Author : Joseph W. Cotchett

    Publisher : Matthew Bender

    Available Formats :
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      ISBN: 0006803502604

      $114 {"prodid": "13067", "pubstatus" : "127", "sku" : "sku12320662"}
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      ISBN: 9781522109914

      $426 {"prodid": "13067", "pubstatus" : "132", "sku" : "SKU-US-BS-9781422472309"}
    • Format: 1 volume, softbound, Print Book
      ISBN: 9781522109921

      $312 {"prodid": "13067", "pubstatus" : "132", "sku" : "SKU13067"}
    • Format: Electronic book: epub
      ISBN: 9781522109938

      $312 {"prodid": "13067", "pubstatus" : "127", "sku" : "sku-us-ebook-80225-epub"}
    • Format: Electronic book: mobi
      ISBN: 9781522109938

      $312 {"prodid": "13067", "pubstatus" : "127", "sku" : "sku-us-ebook-80225-mobi"}
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    Cotchett, California Courtroom Evidence
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    Cotchett, California Courtroom Evidence is updated in an easy-to-use, portable softbound format. It includes the complete California Evidence Code, legislative history on each code section, Law Revision Commission comments on most sections, relevant, insightful case annotations, and practical pointers from Joseph W. Cotchett, highly regarded California trial lawyer and expert on evidentiary matters.

    Invaluable in civil and criminal evidentiary matters, this edition is organized for easy use. The publication uses a "Speed Index" for quick reference, a topical index to quickly find Evidence Code sections, and a quick-reference list of common courtroom objections to make your evidence research more efficient. In addition, this edition contains useful finding tools like a complete detailed index, table of cases, central index and tab features, and a handy rear cover margin index to find topical code groups quickly.

    The eBook versions of this title feature links to Lexis Advance for further legal research options.

    Chapter 1 Provisions and Construction
    Chapter 2 Words and Phrases Defined
    Chapter 3 Applicability of Code
    Chapter 4 Province of the Court and Jury
    Chapter 5 Order of Proof
    Chapter 6 Relevancy
    Chapter 7 Discretion of Court to Exclude
    Chapter 8 Preserving Objections and Reversible Error
    Chapter 9 Limited Admissibility and Clarification of Evidence
    Chapter 10 Preliminary Determination on Admissibility
    Chapter 11 Weight of Evidence
    Chapter 12 Judicial Notice
    Chapter 13 Burden of Proof
    Chapter 14 Burden of Producing Evidence
    Chapter 15 Presumptions and Inferences
    Chapter 16 Competency, Oath, Confrontation, Experts, Interpreters, Examination, Credibility, and Hypnosis
    Chapter 17 Nonexpert and Expert Opinion
    Chapter 18 Privileges
    Chapter 19 Character, Habit, and Custom
    Chapter 20 Mediation and Additional Extrinsic Policies
    Chapter 21 Hearsay Rule and Exceptions
    Chapter 22 Authentication
    Chapter 23 Secondary Evidence
    Chapter 24 Record of Document
    Chapter 25 Depositions and Interrogatories
    Chapter 26 Documentary Evidence
    Chapter 27 Demonstrative and Experimental Evidence
    Chapter 28 Expert Testimony
    Chapter 29 Motions in Limine
    Table of Cases
    Index
    Managing partner at Cotchett, Pitre & McCarthy in Burlingame, CA; Well known and highly respected trial attorney across the US; keynote public speaker and lecturer on contemporary subjects of law; author of numerous articles, books, and contributing author to numerous magazines; Active member of national, state and local bar associations; Fellow of the prestigious American College of Trial Lawyers and The International Society of Barristers; Advocate in the American Board of Trial Advocates; Fellow and former board member of The International Academy of Trial Lawyers; Former Master of American Inns of Court, serves on various advisory boards for professional organizations; Served on Advisory Board of Witkin Legal Institute; 1972 to 1975 State Bar of California Board of Governors; 1976 to 1980 California Judicial Council; Board of Directors, Hastings College of Law, University of California for twelve years; California Commission on the Future of the Courts; California Select Committee on Judicial Retirement; California Blue Ribbon Commission on Children in Foster. Serves on Federal Judicial Advisory Committee that submits and reviews federal judicial nominations in California to President Obama; Chair, Boxer Committee for Central District of California, Los Angeles and advises statewide; serves on a Judicial Advisory Committee to Governor Jerry Brown on state judicial appointments. 1999, was inducted by the State Bar of California to the Litigation Trial Lawyers Hall of Fame. 2000, University of California Hastings College of Law opened the Cotchett Center for Advocacy recognizing him as one of its outstanding graduates, honored by Chief Justice Ronald M. George, California Supreme Court, and Associate Justice Anthony Kennedy, U.S. Supreme Court, at the Founder's Day dedication of the center. 2006, Notre Dame de Namur University in Belmont, California dedicated the Joseph W. Cotchett Business Lab for students. 2000, named to the California State Parks Commission by Governor Gray Davis and served as Chairperson 2002-2003. 2003, honored by Disability Rights Advocates for nearly 40 years of civil rights work. 2004, continuing a distinguished history of community and civic involvement, endowed $7 million fund to support science and math teacher education at Cal State Polytech to serve inner city and rural minority children. Honored by university renaming its landmark Clock Tower building the "Cotchett Education Building." 2011, inducted into the prestigious American Trial Lawyer Hall of Fame for work nationwide in civil rights and litigation on behalf of the under-privileged in our society; received Distinguished Service Award from the Judicial Council of California and named Antitrust Lawyer of the Year by the State Bar; honored by the California League of Conservation Voters with the Environmental Leadership Award and honored by Consumer Watchdog with the Lifetime Achievement Award.
  • Matthew Bender Practice Guide: California Family Law

    Author : Kathryn Kirkland

    Publisher : LexisNexis

    Available Formats :
    • Format: Loose-leaf; 2 releases annually, except for 2016 where
      there is just one release. Future releases will be
      in March and September., Print Book
      ISBN: 9781632836625

      $360 {"prodid": "prod23300322", "pubstatus" : "132", "sku" : "sku12290235"}
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    Matthew Bender Practice Guide: California Family Law
    View a sample of this title using the ReadNow feature

    Matthew Bender Practice Guide: California Family Law covers a wide range of topics related including:

    •  divorce,
    •  spousal support,
    •  child custody,
    •  pre-marital and post-marital agreements,
    •  alternative dispute resolution

    The Guide offers concise explanations of each step in a family law case, transitioning smoothly from legal analysis to practical application of a point of law. Practice strategies and checklists are included in each chapter to help practitioners identify and address legal and procedural issues.

    Representing the new standard in practice guides, Matthew Bender Practice Guide: California Family Law has streamlined chapter organization, precise guidance on finding pertinent online information, cross-references to relevant content, icons classified by type, and an abundance of checklists that you can't find elsewhere. You get more checklists, more forms, more tips, more warnings, more strategic points, more of everything that makes a practice guide valuable and easy to use.

    Matthew Bender Practice Guide: California Family Law has more of the guidance, checklists, and tips that make a practice guide so essential.

    Matthew Bender California Practice Guides: The Fresh New Perspective in California Research Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster - and get more of what you're searching for easier.

    With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek.

    Featuring more of what you're looking for in a comprehensive research system - a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more - Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.

    Chapter 1 Marriage
    Chapter 2 Jurisdiction for Dissolution of Marriage, Legal Separation or Nullity
    Chapter 3 Grounds for Dissolution of Marriage, Legal Separation or Nullity
    Chapter 4 Pretrial Requests for Order and Discovery
    Chapter 5 Division of Property
    Chapter 6 Spousal Support
    Chapter 7 Child Support
    Chapter 8 Child Custody and Visitation
    Chapter 9 Parentage
    Chapter 10 Pre-Marital and Post-Marital Agreements
    Chapter 11 Alternative Dispute Resolution
    Chapter 12 Attorney Fees and Costs
    Kathryn Kirkland is a Certified Family Law Specialist with a solo practice in San Diego, California, engaged in consulting with and for other attorneys and writing on family law subjects.

    She previously practiced in San Francisco, handling a full range of family law cases. She also served as a Judge Pro Tem and Settlement Judge in the San Francisco County Superior Court. Ms. Kirkland earned the "James P. Preovolos Award for Outstanding Pro Bono Service in Family Law," from the Bar Association of San Francisco in 1995, as well as the "President’s Pro Bono Service Award for District 4, State Bar of California," in 1996. She served as a Member of the Executive Board of the State Bar's Family Law Section from 2000-2003, and as the Editor of the Section's Family Law News, for 2001-2002 and served on the State Bar Family Law Advisory Commission, which has responsibility for creating the Certified Specialist examination and verifying the qualifications for attorneys seeking certification as specialists in family law. She served from 2010-13. She also has been a continuing education presenter for the State Bar's Section Education Institutes (1997-2003). In addition to her editorial contributions to California Family Law Practice and Procedure, Second Edition, Ms. Kirkland is an Editorial Consultant to Matthew Bender's California Family Law Monthly and California Family Law Trial Guide. She received her J.D. from the University of San Diego School of Law.

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