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June 26, 2017

Litigators of the Week: When Your Client is a Retired Judge, You Better Bring Your A Game

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Joseph McMonigle has been trying cases for 40 years at San Francisco’s Long & Levit. He and partner Jessica MacGregor have never had one quite like Kinsella v. JAMS. Defending JAMS Inc. and one of its neutrals over resume padding charges, the litigators soldiered through an unconventional three-week trial in San Diego Superior Court only to be faced with […]

June 26, 2017

Jury Clears JAMS in Resume-Padding Trial

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A San Diego Superior Court jury couldn’t decide if retired appellate justice Sheila Sonenshine made misrepresentations on her JAMS Inc. resume, but they were certain it didn’t cause any harm to venture capitalist Kevin Kinsella. Following a three-week trial, jurors deadlocked Friday on Kinsella’s allegation that Sonenshine and JAMS falsified her credentials to attract successful business people as clients. […]

June 26, 2017

Attorneys Trade Final Barbs as JAMS Resume Trial Heads to Jury

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A San Diego plaintiff attorney wound up his 2½ week resume padding trial against JAMS Inc. and neutral Sheila Sonenshine by comparing them to one of modern history’s most famous liars. By presenting a failed investment fund as a grand business accomplishment, JAMS and Sonenshine follow “the exact same fact pattern” as Rosie Ruiz, the […]

June 5, 2017

County of Los Angeles Board of Supervisors v. Superior Court (2017) 12 Cal.App.5th 1264 rev. den. (Oct. 11, 2017)

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Download Publication The Second District, on remand from the California Supreme Court, holds a government entity need not disclose any invoices in pending litigation under the Public Records Act.  Disclosures in closed matters required under the act are limited to fee totals, if a trial court concludes it would not reveal litigation strategy.  A trial […]

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April 19, 2017

Broadway Victoria, LLC v. Norminton, Wiita & Fuster (2017) 10 Cal.App.5th 1185

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Download Publication The Second District holds facts supporting a legal malpractice claim are insufficient to support a breach of fiduciary duty claim.  Breach of fiduciary duty requires an additional showing the attorney breached a duty of confidence or loyalty.  Broadway Victoria, LLC, was a commercial real estate company owned by Anita Lorber.  She also owned […]

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April 18, 2017

McDermott Will & Emery LLP v. Superior Court (2017) 10 Cal.App.5th 1083

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Download Publication The Fourth District holds an inadvertent disclosure of an attorney-client communication to a third party is not a knowing waiver.  An attorney who improperly uses inadvertently disclosed attorney-client communications can be disqualified. McDermott, Will & Emery LLP (McDermott) attorney Jonathan Lurie provided estate planning services for Marilyn and Dick Hausman. Dick managed Marilyn’s […]

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March 14, 2017

Behunin v. Superior Court (2017) 9 Cal.App.5th 833, rev. den.(Jun. 14, 2017)

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Download Publication The Second District holds there is no privilege when attorney-client communications are disclosed to a public relations consultant who was neither necessary for the communications between the attorney and client, nor necessary to further the interests of the client.  Nicholas Behunin, represented by Leonard Steiner and Steiner & Libo, sued Charles and Michael […]

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March 10, 2017

Yale v. Browne 2017 WL 947608 (Cal. Ct. App. February 9, 2017, as modified March 10, 2017)

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Download Publication Yale v. Browne 2017 WL 947608 (Cal. Ct. App. February 9, 2017, as modified March 10, 2017) The Second District holds under certain circumstances it may be proper to apply the concept of “comparative fault” in legal malpractice actions.    While precedent had previously recognized that the concept of “contributory” negligence may apply in […]

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March 2, 2017

Flake v. Neumiller & Beardslee 2017 WL 839822

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Download Publication The Third District holds a client’s receipt of a motion to withdraw stating the attorney is no longer providing legal services terminates the attorney-client relationship for statute of limitations analysis.       Stanley Flake and others were represented by Neumiller & Beardslee (Neumiller) in unsuccessful real estate litigation.  Neumiller moved to withdraw after trial […]

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February 17, 2017

People v. Delgado (2017) 2 Cal.5th 544

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Download Publication The Supreme Court holds the presence of correctional officers to protect an attorney representing a violent criminal defendant does not deprive the accused of the effective assistance of counsel by violating the confidentiality of attorney client communications.  Inmate Anthony Delgado was serving a life sentence under California’s Three Strikes law when he murdered […]

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