To Appear or Not To Appear, That Is the Question: Trial Courts Cannot Grant Excessive Relief
When someone goes to court asking for something, due process considerations are in place to help one decide whether he/she should even object. If you’re okay with it, why waste time fighting it? Courts should not penalize “defaulting” unless it actually results in damage to the requesting party. In In re Marriage of Siegel, A140559 (August […]
Domestic Violence Prevention Laws Trump the Right of Free Speech
Most will not be surprised to learn that the right of free speech is not absolute. After all, libel is not freely allowed and we all know that you cannot shout, “Fire!” in a crowded theater, at least not without paying the price. But those remedies normally come after the speech has been uttered. “Prior […]
When Someone’s on a Mission, How do you Survive?
I have several cases now, and tons historically, where one of the parties is “on a mission”. The missions vary, sometimes these missions are worthy, such as when there is a history of breaches of fiduciary duty, but just as often they are incredible wastes of time, money and energy. Generally, at least one side […]
