Law Offices of Jeffrey N Sardell, Inc.

Code of Civil Procedure Section 340.16 (new) The statute of limitations for a civil action for damages resulting from sexual assault is now ten years or three years from the date of discovery.... Code of Civil Procedure Section 1001 (new) A settlement agreement in a civil action cannot prevent disclosure of sexual assault, sexual harassment, workplace sexual harassment or discrimination, or retaliation; but the claimant may prevent such disclosure. Code of Civil Procedure Section 1011 Personal service upon an attorney's office must be made between 9 a.m and 5 p.m. Personal service upon a party at a party's residence must be made between 8 a.m. and 8 p.m. Code of Civil Procedure Sections 2030.300, 2031.310, 2033.290 In lieu of a Separate Statement regarding a motion to compel further responses, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute. Evidence Code Sections 351.2, 351.3, 351.4 Section 351.2 currently provides an individual's immigration status is inadmissible in a civil action for personal injury or wrongful death. Effective May 17, 2018, a similar law applies to all civil and criminal cases. See: Evidence Code Sections 351.3 and 351.4.

Legal Interest Rate California Constitution, Article 15, Section 1: provides the rate of interest of 7% upon the loan or forbearance of any money, goods, or things in action, or on accounts... after demand. See California Constitution, Article 15, Section 1, for the exact and complete language. Interest as Damages Civil Code Section 3287: provides how a party may obtain interest on awarded damages. See Civil Code Section 3287 for the exact and complete language. Civil Code Section 3288: "In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury." Civil Code Section 3289: provides that any legal rate of interest stipulated by a contract remains chargeable after breach, and also provides if no interest rate is provided in a contract 10% interest shall be awarded after breach. See Civil Code Section 3289 for the exact and complete language. Civil Code Section 3290: "Accepting payment of the whole principal, as such, waives all claim to interest." Civil Code Section 3291: provides there is no pre-judgment interest on a personal injury cause of action, and also provides how interest is awarded based upon a Code of Civil Procedure Section 998 offer. See Civil Code Section 3291 for the exact and complete language.

Writ of Possession (Claim and Delivery) A plaintiff is entitled to a writ of possession upon a showing of the basis of the plaintiff's claim and the plaintiff is entitled to possession of the property claimed. Code of Civil Procedure Section 512.010... (b)(1). A writ of possession will be issued if the plaintiff has established the probable validity of the plaintiff's claim to possession of the property and the requirements of an undertaking are met. Code of Civil Procedure Section 512.060. See: Code of Civil Procedure Sections 512.010 et seq. Writ of Attachment A writ of attachment may be issued only in an action on a claim for money based upon a contract, express or implied, for $500 or more. Such claim against a natural person must arise out of the defendant's trade, business or profession. Code of Civil Procedure Section 483.010. The plaintiff must establish the probable validity of such claim. Code of Civil Procedure Section 484.090(a)(2). A writ of attachment may allow possession of property or the documentary evidence and creates a lien upon the property attached. Code of Civil Procedure Sections 482.080 and 488.500(a). See: Code of Civil Procedure Sections 481.010 et seq. Writ of Execution While writs of possession and attachment are pre-judgment procedures, a writ of execution is a post-judgment procedure. A writ of execution is the court document that authorizes a levying officer to collect upon a money judgment. See: Code of Civil Procedure Sections 699.010 et seq.

On March 5, 2018, the California Supreme Court issued an opinion in Hector Alvarado v. Dart Container Corporation of California (Case No. S232607) where it decided how an employee's overtime pay rate should be... calculated when the employee has earned a flat sum bonus during a single pay period. On April 30, 2018, the California Supreme Court issued a long opinion in Dynamex Operations West, Inc. v. Superior Court (Case No. S222732) regarding the legal standard for distinguishing between employees and independent contractors. On July 26, 2018, the California Supreme Court issued an opinion in Troester v. Starbuck (Case No. S234969). This case examines the need to pay for all work time and the concerns every employer should have regarding off-the-clock work.

The key function of a motion in limine is to ensure juries do not hear inadmissible evidence, and in particular inadmissible evidence which may prejudice the jury. The advantage of such motions is to avoid the obviously futile attempt to unring the... bell in the event of a motion to strike is granted in the proceedings before the jury. Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 1582, 1593. Secondly, in limine motions can help speed the trial and allow for a more considered decision on difficult evidentiary issues. They are not a good device for resolving what are in effect dispostive motions such as motions for judgment on the pleadings or for summary adjudication. Kelly v. New West Federal Savings (1996) 49 Cal.App.4th 659, 669-670.

Here are some new 2018 Code of Civil Procedure statutes: Code of Civil Procedure Section 435.5: meet and confer process prior to filing... motion to strike; amended pleading; declaration; exceptions; appeal - this statute is very similar to the law regarding the meet and confer process before filing a demurrer. Code of Civil Procedure Section 439: meet and confer process prior to filing motion for judgment on the pleadings; amended pleading; declaration; exceptions; appeal - this statute is very similar to the law regarding the meet and confer process before filing a demurrer. Code of Civil Procedure Section 1013b: proof of electronic service - sets forth the requirements for a proof of electronic service. Code of Civil Procedure Section 2016.080: informal discovery conference - a party or the court may request an informal discovery conference regarding a discovery dispute. Please see the complete text of these new statutes for all the relevant language.

In Bennett v. Suncloud (1997) 56 Cal.App.4th 91, two different trial court judges made rulings on multiple demurrers to multiple amended complaints. One trial court judge overruled a demurrer to certain causes of action in an amended complaint and the other trial court judge sustained a demurrer to a later amended complaint ... on the same causes of action. The Court of Appeal found that the trial court judge who sustained the demurrer to the latter amended complaint was foreclosed from rendering a new determination on the viability of those claims unless some new facts or circumstances were brought to his attention. The Court of Appeal indicated that Code of Civil Procedure Section 1008 forbids trial courts from reconsidering orders previously made in the action either on their own or those made by other judges unless made according to Code of Civil Procedure Section 1008. Bennett v. Suncloud, 56 Cal.App.4th 91, 96-97; see the entire case for exact and complete language. See also: In re Alberto (2002) 102 Cal.App.4th 421, 427-428. Also see and compare: Pacific States Enterprises Inc. v. City of Coachella (1993) 13 Cal.App.4th 1414, 1420, fn. 3 (if a demurrer is overruled by a different judge, the trial judge is free to re-examine the sufficiency of the pleadings); and Code of Civil Procedure Section 430.41(b) regarding successive demurrers.

California Civil Jury Instructions (CACI) and the Civil Code provide the following non- inclusive list of how to establish vicarious liability: ... (1) principal and agent - CACI 3701, Civil Code sections 2295, 2338; (2) employer and employee - CACI 3704 (May 2019 ed.); (3) peculiar risk doctrine - CACI 3708 (hirer and independent contractor); (4) ostensible agent - CACI 3709, Civil Code sections 2298, 2300; (5) ratification - CACI 3710, Civil Code sections 2307, 2310, 2311, 2339; (6) partnership - CACI 3711; (7) joint venture - CACI 3712 (May 2019 ed.); (8) nondelegable duty - CACI 3713 (hirer and independent contractor).

California Civil Jury Instructions (CACI) set forth the following basic breach of contract causes of action or claims: (1) breach of written contract (CACI 304);... (2) breach of oral contract (CACI 304); (3) implied-in-fact contract (CACI 305); (4) unformalized agreement (CACI 306); (5) substantial performance (CACI 312); (6) third-party beneficiary (CACI 301).

Rescission extinguishes a contract. Civil Code Section 1688. Grounds for rescission include, but are not limited to, mistake, duress, menace, fraud... or undue influence. Civil Code Section 1689. Notice of rescission. Civil Code Sections 1691 and 1693. An action for rescission can be brought to recover money or thing owed by the other party or for other relief; this can also be done by asserting a defense or cross- complaint. Civil Code Section 1692. If the court determines there is no rescission of a contract, it can grant any party to the action appropriate relief. Civil Code Section 1692. The aggrieved party may be awarded damages, including restitution of benefits and consequential damages. Civil Code Section 1692. The party who is awarded rescission may be required to compensate the other party which justice requires and the court may adjust the equities between the parties. Civil Code Section 1692.

California Civil Jury Instructions (CACI) and other authorities provide these basic authorities regarding the interpretation of contracts:... (1) Disputed Words - CACI 314; Civil Code Sections 1636, 1647. (2) Meaning of Ordinary Words - CACI 315, Civil Code Section 1644. (3) Meaning of Technical Words - CACI 316, Civil Code Section 1645. (4) Construction of Contract as a Whole - CACI 317, Civil Code Section 1641. (5) Construction by Conduct - CACI 318. (6) Reasonable Time - CACI 319, Civil Code Section 1657. (7) Construction Against Drafter - CACI 320, Civil Code Section 1654.

California Civil Jury Instructions (CACI) and other authorities provide these basic affirmative defenses to a breach of contract cause of action:... (1) Unilateral Mistake of Fact - CACI 330; Civil Code Sections 1567,1577. (2) Bilateral Mistake - CACI 331, Civil Code Sections 1567, 1577. (3) Duress - CACI 332, Civil Code Section 1569. (4) Economic Duress - CACI 333, Civil Code Section 1568. (5) Undue Influence - CACI 334, Civil Code Section 1575. (6) Fraud - CACI 335, Civil Code Section 1572. (7) Waiver - CACI 336. (8) Novation - CACI 337, Civil Code Sections 1530, 1531. (9) Statute of Limitations - CACI 338, Code of Civil Procedure Sections 337(1), 339(1).