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Derivative Suits

Posted on February 23, 2013

An action is derivative if “the gravamen of the complaint is injury to the corporation, or to the whole body of its stock or property without any severance of distribution among individual holders, or if it seeks to recover assets for the corporation or to prevent the dissipation of its ... READ MORE

California, Fraud, Statute Of Limitations, And Delayed Discovery

Posted on February 23, 2013

Under Code of Civil Procedure § 338, a defrauded person has 3 years–after the occurrence of the fraud–to file a civil action against the defrauding party; otherwise, the defrauded person will be barred from any recovery under California’s statute of limitations. Nonetheless, California law has an exception to the 3-year ... READ MORE

Sua Sponte Instruction On Self Defense

Posted on February 23, 2013

A trial court has a sua sponte duty to give certain jury instructions “regardless of the parties’ requests or objections.” (People v. Breverman, 19 Cal.4th 142, 155 (1998).) This requirement arises from a defendant’s Constitution right “to have the jury determine every material issue presented by the evidence” and prevents ... READ MORE

Compelling An Incident Report

Posted on February 29, 2012

After an accident, most companies have their employees produce an incident report detailing the accident. The incident report includes very important information that could make your case easier to prove. Sometimes, the company has their employees not only detail the facts of the accident but also whether the accident was ... READ MORE