Appellate Decision Restricts Use Of MSJs For Standing Issues In Construction Defect Cases

In Stofer v. Shapell Industries, Inc., the California First District Court of Appeal recently held that when the determination of standing in the construction defect context turns on disputed facts or requires credibility determinations, the jury must make factual findings as to whom the cause of action accrued before the court can decide whether the Read More…

The Duty to Preserve Evidence – A Refresher

Most businesses and their employees are either unaware or ill-equipped to deal with the pre-litigation duty to prevent  intentional or negligent loss, alteration or destruction of relevant evidence, otherwise know as spoliation.  Depending on the jurisdiction and whether the evidence was intentionally or negligently lost, spoliation may result in drastic sanctions, most commonly an adverse Read More…

Has Modern Technology Trumped The Presumption Under The “Mailbox Rule”?

As law students we learned early on about the “presumption of receipt” associated with the “mailbox rule.” The presumption of receipt derives from the long-standing common law “mailbox rule” that if a letter or document is properly addressed and delivered to the post office or postman via a mailbox, it is presumed to have been Read More…