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…
Archives for February 2015
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…
Chris Schmitthenner Selected To Super Lawyers’ Rising Stars List
Chris Schmitthenner, a Partner in LGC’s San Diego office, was selected by Super Lawyers Magazine to its 2015 list of Rising Stars. He was elected to the list of Rising Stars in the category of civil litigation. The annual Rising Stars list is a distinction given to the top 2.5% of lawyers under 40 years Read More…
