Civil Litigation Archives | Page 9 of 31

A new amendment signed by the Governor will set new mediation disclosure and acknowledgement requirements in California. Effective January 1, 2019, SB 954 requires attorneys to provide consumers with a disclosure explaining the confidentiality restrictions in mediation.

Under existing law, anything said during a mediation consultation or during the mediation is not admissible in evidence nor subject to discovery, and all communications, negotiations, and settlement discussions by and between participants or mediators are confidential, except as specified.

SB 954, signed by the Governor on September 11, 2018, amends Section 1122 of the California Evidence Code and adds Section 1129, requiring attorneys representing a person participating in a mediation or a mediation consultation to provide his or her client with a printed disclosure containing the confidentiality restrictions related to mediation, and contains specified language compliant with the form of disclose that attorneys are required to make to their clients. Attorneys are to obtain a printed acknowledgment signed by that client stating that he or she has read and understands the confidentiality restrictions.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeston, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

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Under California Code of Civil Procedure sections 405.1 et seq. a claimant with a real property claim of probably validity may file and record lis pendens in the County where the property is located. (CCP § 405.20). At any time during the pendency of the action, any person with an interest in the property may apply to the court in which the action is pending for an order expunging the lis pendens. Prevailing on the merits of the plaintiff’s claim does not automatically expunge the lis pendens.

Expungement of the lis pendens must be made by noticed motion in accordance with CCP section 405.30; Mix v. Sup. Ct. (2004) 124 Cal.App.4th 987, 996. Mix held that on motion by the defendant following a determination of the claimant’s right to title, the lis pendens shall be expunged, unless the trial court finds that its own decision is likely to be overturned on appeal. The decision to expunge the lis pendens, however, must be made by noticed motion and does not occur automatically by entry of judgment. Similarly, the expungement cannot be included as part of the final judgment, because there is no right to appeal the expungement of a lis pendens. “Decisions on motions to expunge lis pendens fall into that class of trial court orders which are expressly not appealable; intermediate appellate courts only reach them via petitions for writ of mandate. See CCP § 405.39. “No order or other action of the court under this chapter shall be appealable. Any party aggrieved by an order made on a motion under this chapter may petition the proper reviewing court to review the order by writ of mandate.”

Thus, if your client prevails on a real property claim involving a lis pendens, be prepared to file a motion for expungement to have it removed. The order expunging the lis pendens may not be recorded until the time period for filing a petition for writ of mandate under CCP § 305.39 has expired.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Banking law broadly incorporates laws that regulate how banks and other financial establishments conduct business. There is a multitude of federal, state, and local laws that a bank must comply with.

Attorneys undertake various functions pertaining to the creation, compliance, and enforcement of regulations.

Various federal bodies are in charge of monitoring banking laws. A financial institution or bank may fall under the purview of the Federal Reserve System, Federal Deposit Insurance Corporation (FDIC), or the Office of the Comptroller of the Currency (OCC).

Banks must be cognizant of the federal as well as state laws that they must comply with. Many federal banking laws are located in chapter 12 of the US Code.

SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm, led by judicious and dedicated lawyers, provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding communities and towns these parts of the nation.

The Emergence of Banking Laws

When the US economy grew in the 20th century, the influence of banks on the economy became a concern for American lawmakers. They reasoned that a struggling banking system impacts consumers and the public at large.

To make sure that banks conduct their activities in an honest and fair manner, lawmakers create banking laws. There are frequent changes in banking laws, and a bank law attorney should remain updated with the latest changes and expected legislations.

The Scope of Banking Regulations

Banking laws may help accomplish multiple objectives, including:

Offer transparency to customers
Decrease banking risk for customers
Prevent banking system misuse for money laundering purposes
Enable customers to bank in confidentiality
Prevent other financial crimes
Prioritize financial lending depending on economic and social needs
Offer fair banking as well as equal opportunities for banking
Prevent terrorism
Develop transparent debt collection policies
Make credit card agreements fair to consumers
Prevent financial institutions from forwarding unfair loans to insiders such as officers and principal shareholders
Allow customers to raise disputes in a reasonable manner
Other objectives

Major Banking Laws

Many significant regulations in the US are now in place to control banking at the federal level. State and local banking laws are often secondary to federal banking regulations.

Overall, there are thousands of banking laws that banks need to comprehend and comply with. Some of the most significant banking laws in the US are as follows:

Banking Act of 1933

The Federal Deposit Insurance Corporation was established by the Banking Act of 1933. In the event of bank failure, the FDIC system offers insurance for customers.

Right to Privacy Act

This banking law is also known as Regulation P. This law regulates how banks utilize customer information. Banks must inform customers on their privacy policies as well as offer them an opportunity to choose whether they want to share their information or not.

Dodd-Frank Act of 2010

This Act comprises 1,500 separate items. This law was signed by President Barack Obama and created new laws for Wall Street. Banks now need to comply with nearly 400 new regulations due to this Act.

SBEMP law firm, led by prudent and reliable attorneys, serves clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Civil Litigation

The application of the legal process to noncriminal matters is known as civil litigation. It refers to the filing and application of a civil lawsuit. A non-criminal case may involve civil litigation to arrive at a resolution.

Civil litigation seeks to resolve matters such as family law disputes, court custody matters, child support payment issues, altercations between a person and credit card companies, landlord and tenant disputes, and situations where there has been a breach of contract.

SBEMP (Slovak, Baron, Empey, Murphy, & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding communities across the horizon.

Civil Litigation Process

The process of civil litigation resolves a legal matter arising between two or more than two parties (business entities or individuals) who seek monetary compensation for damages sustained or the non-deliverance of specific performances.

‘Litigators’ are attorneys or legal professionals specializing in civil litigation. Legal professionals practicing civil litigation will be a party’s representation in a hearing, trial, or another resolution method such as mediations or arbitrations. These types of hearings are presided over by foreign tribunals, administrative agencies, and federal, state, or local courts.

Types of Civil Litigation

Civil litigation encompasses a wide range of disputes that directly pertain to a number of legal issues. A consequence of this widespread trait of civil litigation usually requires an attorney to specialize in a particular area of practice.

Common types of civil litigation are as follows:

disputes and laws encompassing tenants and landlords
environmental law
products liability
intellectual property disputes
construction
medical malpractice
employment and labor matters
anti-trust laws
real estate
worker’s compensation, and education law

Civil Litigation Practitioners

The main role of a civil litigation practitioner (a lawyer) is to assume the legal matter and oppositional position experienced by their hired party. Consequently, the attorney must have detailed knowledge of the legal issue at hand and must comprehend the principles and details of the underlying dispute entirely.

The civil litigator must be adept in the seven different stages of civil litigation. These stages are as follows:

The case investigation
The observation of pleadings
The discovery stage which involves accumulating evidence and witness testimonies
Pre-trial
The delivery and evaluation of the settlement
The appeal process, if required

Despite these various stages, most civil matters do not undergo each stage of the litigation process. Most lawsuits will be resolved before trial. A majority of civil lawsuits are resolved in the discovery stage of civil litigation.

A majority of civil disputes that do reach a trial verdict do not usually go to the appeal stage. A civil lawsuit may span several months to several years depending on the different stages and diverse subject matter involved in the case. Civil litigation cases that are more complex typically take years to go from the investigation stage through trial and finally, the settlement.

SBEMP law firm serves clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and other cities and towns in these areas of the nation for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Symptom Timeline of HSV

Herpes is unlike other STIs, as it can be contracted simply by skin-to-skin contact. The disease is transmitted whether the person infected is having an outbreak at the time or not. When it’s transmitted during a time the infected isn’t broken out is called asymptomatic viral shedding, which means the virus is on the skin’s surface or within the mucus membranes without any other symptoms being obvious. (more…)

HIV infection is often caused by two types of virus namely HIV-1 and HIV-2. AIDS, or sometimes the Acquired Immunodeficiency Syndrome, which is known as the most severe type of HIV. (more…)

How Is California Tort Law Special?

California’s sex tort law is unique in the following ways: the tort action can be successful if the defendant knew or should have known that they had herpes and still engaged in unprotected sex then they can be liable. It is not illegal for a person to keep their sexual activity private, regardless if it’s high-risk or not and regardless of if it’s their spouse they are hiding the information from.

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Do you have an STD? If so, are you wondering if you are legally required to disclose it to your partners? If you live in California, the answer is yes. The law according to California Health and Safety Code 120290 says that knowing you have an infectious or communicable disease means you would be found guilty of intentional transmission if specific actions apply.

These are:

1) If you already know you, or a 3rd party, have an infectious or communicable disease
2) You specifically intend to give the disease to the other person
3) You act in a way that imposes risk of transmitting the disease to the other person
4) You transmit the disease to the other person
5) You expose the disease to the other person who does not know you have the disease

What constitutes negligence?

In order to have this law applied to you, one thing that can be held against you is negligence. This could include neglecting to use a condom, refusing to be diagnosed and treated, not informing a partner, and not practicing abstinence when you know you may be infected.

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When considering taking legal action after contracting a STI, there are many things to think about. Talking to a legal professional helps to sort through your options on how to move forward. Sometimes these cases are not easy to prove, but with the help of an experienced lawyer, you can have peace of mind knowing if you have a case and how to claim for compensation.

Issues with STI Cases

Contacting one of our experienced Palm Springs sex torts lawyers helps you know if you have a case or not. STI cases are hard to prove because the defendant may not even know they have a STI. Our lawyers would also need to gather evidence to prove that they knew they had it and failed to disclose it or denied they had it to you, the plaintiff. We also must prove that this is the person who transmitted it to you.

One Way We Can Prove An Existing STI

Proving these allegations can be difficult. When HSV-1/HV-2 is involved, the infected person may not be aware that they transmitted the disease. A person may know they have a STI and have symptoms or been treated. Proving that you, the plaintiff, was disease free before the sexual relationship began can also be hard to prove. A lab test can be good evidence as well as witnesses from previous relationships. Without that, it can be one person’s word against another.

Damages in Sex Tort Cases

Damages in sex tort cases are comprised of physical and psychological damages. Our experienced Palm Springs sex torts litigation lawyers are aware that sex tort lawsuits can be very intrusive. A person’s privacy can be infringed upon. A person’s background, medical history and sexual history will be investigated. All claims must be filed in a timely manner according to the statute of limitations.

If you feel you have been infected by someone who knew they were infected, it is essential that you contact our Palm Springs sex torts litigation lawyers as quickly as possible. An attorney will meet with you and review your legal rights.

Two viruses, herpes simplex 1 (HSV-1) and herpes simplex 2 (HSV-2), can cause genital herpes infection. Although similar, they are not the same. HSV-1 is the most common cause of oral herpes otherwise known as cold sores. HSV-2 is sexually transmitted, otherwise known as genital herpes. Herpes can remain dormant for a long period of time. Even where there are no symptoms, the infected person is still contagious.

Symptoms of Herpes Simplex 1 and 2

Symptoms of both herpes 1 and 2 are similar where sores, or blisters, filled with fluid appear. Once the fluid is absorbed, the sore scabs over. The infected person is still contagious. HSV-2 results in sores on the genitals, vulva, vagina, anus. It spreads during oral, vaginal or anal sex.

Risk of Getting Genital Herpes

Risk of contracting genital herpes can be minimized by being in a long term monogamous relationship with a non-infected partner. Using a condom also helps, but it is not always 100% effective. Herpes can be given from parts of the body that the condom does not cover. There is no cure for herpes. There are medications that can prevent, or shorten, outbreaks.

Next Steps If You’ve Contracted Herpes Unknowingly From A Partner

If you contract herpes from another person, that person may or may not know they have it. 70% of HSV infections are spread unknowingly. No outbreak is visible.

You may want to contact our experienced Palm Springs sex torts attorneys to find out if you are entitled to compensation. Know your legal rights. Don’t wait since there is a statute of limitations to file a law suit. Call now for an appointment.