Join Anastasia Mazzella and Shant Karnikian as they discuss how attorneys can best utilize expert witnesses in their cases. They are joined by a highly respected expert witness in the field of neuropsychology, Dr. Dominique Kinney. In this episode, Dr. Kinney gives attorneys 6 tips on how to make the attorney-expert relationship more productive, in…

Brian and Shant discuss three hot topics in the law starting with the concern that the ability to appear in court virtually in many circumstances could be on the chopping block. COVID made remote appearances a normal occurrence and have made work done by lawyers and the courts much more efficient. But the statute that allows for remote appearances …

In this episode Shant and Marina Pacheco connect with Alexandra Steele Cooper about what it’s like to go out on your own and start a new firm. Alexandra spent several years at a large firm as a trial lawyer before starting her own firm, Steele Cooper Law where she focuses on personal injury and employment law. She has recovered tens of millions of …

This episode, Anastasia Mazzella, partner at Kabateck LLP, sits down with Leadership Coach (and friend) Dr. Sohee Jun to talk about imposter syndrome. Imposter Syndrome is a pervasive feeling in many professions but is noticeably acute in the law and particularly affects women and people of color. Women make up a small percentage of leadership role…

Brian and Shant discuss the crisis created by the lack certified court reporters in California. The shortage means that many cases don’t get a court reporter or that lawyers and clients are spending thousands of dollars to hire a private court reporter. Why has this happened? Two reasons: First, the passage rate for the court reporter certification…

Brian and Shant speak with attorney Gary Partamian, who focuses on cases of childhood sex abuse. They discuss the changes to CCP 340.1 and how to possibly file a case on behalf of a client who is over 40 years old and suffered sexual abuse as a child. Learn about the importance of working with prospective clients in these cases to confirm that they…

Today our intake attorney Annie Martin-McDonough brought a fascinating topic to our attention with the “tort of seduction.” In the 1700’s this was a tort that allowed for the father of a daughter to sue a man, who had seduced and impregnated the woman, for loss of services. Later in the Victorian era the tort evolved to allow a woman to sue for emo…

Join the conversation this episode with Anastasia Mazzella and Marina Pacheco, partners at Kabateck LLP, about their experiences and thoughts on gender bias in the legal field. They'll identify specific situations they've encountered and share observations on how improvements can be made to minimize the issues going forward. While 47% of lawyers at…

Brian and Shant speak with partner Stephanie Charlin on figuring out the policy limits of a party responsible for an injury. Currently, the law dictates that insurance companies are not required to release policy information until a case is filed and the information is requested during discovery. This is often a waste of time for plaintiff lawyers,…

Can you pop the lid on a UM/UIM policy? Join hosts Brian Kabateck and Shant Karnikian as they invite attorney Barrett Alexander of Kabateck LLP to talk about the difference between a third-party bad faith claim and a UM/UIM bad faith claim. What legal remedy and rights does the injured party have in each context? Hear specific case examples about h…

Brian, and Shant sit down with attorney Marina Pacheco of Kabateck LLP to discuss the complicated world of filing childhood sexual assault cases. Of particular importance is a deadline regarding the statute law CCP 340.1 (sec Q), which starting in January 2020 gave a three year window for people to file a childhood sexual assault case if they were …

Today Brian and Shant discuss why businesses and corporate America tend to support conservative Supreme Court justices... spoiler alert: they don't care about social issues. While big businesses often take more progressive stances on hot-button social issues like abortion and gay rights, businesses nevertheless fund conservative agendas so they can…

With the California Private Attorneys General Act in the news again after the Supreme Court decision on Viking River Cruises, Inc. v. Moriana, Brian and Shant dive into what the decision means for the future of PAGA and how it may be enforced now that the Federal Arbitration Act can preempt the California law in certain situations. They also discus…

Today Brian and Shant are joined by jury consultant Harry Plotkin. Harry has been a consultant for over 20 years and works with civil prosecutors in consumer cases. He has selected juries in 42 cases that resulted in eight-figure awards since 2013 and has consulted in over 1,000 cases nationwide in his career. Brian, Shant and Harry talk about what…

Brian Kabateck and Shant Karnikian discuss the current situation for law students with their guest, Michael Waterstone, Dean of Loyola Law School, Los Angeles. Graduates of Loyola Law School themselves, Brian and Shant speak with the Dean on where law school and law practice is headed, the effects of the pandemic on teaching and students, and the o…

What would happen if in the middle of a huge personal injury case, where there might be a huge recovery, the Plaintiff and their spouse decide to get divorced? What if a couple’s home burns down and in the middle of the lawsuit against the tortfeasor, they decide to call it quits as a couple? These are the fascinating intersections of family law an…

While the Court of Appeal issues opinions that continue to jeopardize PAGA, corporate lobbyists have drafted a proposed ballot initiative that would kill PAGA entirely. Brian and Shant address a recent court ruling as well as proposed legislation that may significantly weaken or even eliminate the use of the Private Attorneys General Act (PAGA) in …

Brian and Shant revisit the standards for bad faith and opening up the lid on a policy. They discuss two recent cases from the California Court of Appeal: Pinto v. Farmers Insurance Exchange (2021) 61 Cal.App.5th 676 and Hedayati v. Interinsurance Exchange of the Automobile Club (2021) 67 Cal.App.5th 833. For more information visit www.kbklawyers.c…

Brian and Shant discuss Defense Preclusion, Tolling of Legal Malpractice SOL, Cost of Proof on a Prevailing RFA, and Juror Contact. Lucky Brands v Marcel Fashion (2nd Ct. of Appeals) A Defense Not Previously Raised is Precluded from Future Assertion Nguyen v Ford (6th DCA) In a Legal Malpractice Case, Tolling Only Applies to a Specific Subject Matt…

Brian and Shant discuss Insurance Cases the Duties of the Insureds, the Genuine Dispute Doctrine, Forum Selection Clause in an Insurance Contract, and Vertical versus Horizontal Exhaustion in Insurance Policies. Mosley v. Pac Specialty Farming Operation Exclusion Precluding Recovery for Fire Destroying the Property 501 E 51st Street v Kookmin Best …

Brian and Shant discuss vandalism and civil unrest with Michael Childress, Of Counsel at Kabateck LLP. Large and small business from around the country took a hit in the wake of protests related to the death of George Floyd and the Black Lives Matter movement. Brian, Shant, and Michael discuss how these events have impacted property insurance polic…

Brian and Shant discuss Personal Injury Cases that involve the Standard on Summary Judgment and a Continuance when Discovery is Outstanding; Joint and Several Liability Principles; a Primer on 998 Offers; and the Recovery of Emotional Distress Damages in a Breach of Contract Dispute. Insalaco v Hope Lutheran Church (1st DCA) MSJ Standards and a Con…

Brian and Shant discuss Attorney Fees in Lemon Law Litigation; a Civil Rights Matter; an Elder Abuse Case; and in Class Actions. Mikhaeilpoor v BMW of North America (2nd DCA) Under Song-Beverly Attorney Fees are Mandatory for Prevailing Plaintiff Attorney Vargas v Howell (9th Circuit) A Civil Rights Matter Involving a Minor and An Unfavorable Rulin…

Brian and Shant discuss Unconscionability and the Unenforceability of Arbitration Agreements; the Inability to Arbitrate PAGA Claims; and Reviewing Arbitration Awards—Vacatur of Award Dougherty v. Roseville Heritage (5th DCA) Substantive Unconscionability and a Provision Limiting Elder Abuse Remedies in An Elder Abuse Case Dennison v. Rosland Capit…

Brian, Shant, and their colleague Michael Childress discuss how insurance companies instill fear in the public in order to suppress a collective voice. Misinformation, intimidation, and claim denials have become the fundamental recipe for the multi-billion dollar industry. The team discusses these problems and discuss how the shift from service sec…

In Re Facebook Inc Internet Tracking (9th Circuit) Facebook and Whether Their Tracking of Users Violates Various CA Privacy Statutes Reynolds v Ford Motor Co (1st DCA) Lemon Law Claims and the Proper Measure of Fees Waller v FCA US LLC (2nd DCA) Admissibility of An Expert’s Opinion Luna v. Hansen (9th Circuit) The Fair Credit Reporting Act and the …

Nationwide Biweekly v. Superior Court (CA Sup. Ct.) The UCL and False Advertising—whether parties are entitled to a jury trial in a UCL case. Calucci v. T-Mobile (4th DCA) Punitive Damages—a good primer on punitive damages. LN Management LLC v. JP Morgan (9th Circuit) Whether Dead People Can Be Sued—spoiler alert. . .they can’t.…

Walker v Life Insurance Co. of the Southwest (USDC Central) A UCL Violation—pre-application illustrations in a life insurance policy. Textron, Inc. v. Travelers Casualty and Surety Co. (6th DCA) Choice of Law Rulings in Insurance Cases—whether it applies as Collateral Estoppel in a subsequent coverage action. KLA Tencor Corp. v Travelers (2nd DCA) …

Thimon v City of Newark (1st DCA) Road Design and the Standard for Summary Judgement Alaniz v Sun Pac Shippers (2nd DCA) The Privitte and Hooker Doctrine Reeve v Meleyco (3rd DCA) Enforceability of Referral Fees Lopez v Ledesma (2nd DCA) Medical Malpractice and the Standard for Applicability to Physician Assistants…

Hance v Super Store Industries (5th DCA) Enforceability of a Fee Share Agreement Fenimore v The Regents of the University of CA (2nd DCA) Computation of the Statute of Limitations Brewer v. Remington (5th DCA) The Delayed Discovery Rule San Francisco Print Media Company v. The Hearst Corporation (5th DCA) Admissibility of Expert Testimony…

Zehia v Sup Court of San Diego County (4th DCA) Personal Jurisdiction in the Electronic Defamation Action Torres v Design Group Facility Solutions (2nd DCA) Renewed Motion for Summary Judgment Disguised as a Motion for Reconsideration Grande v Eisenhower Medical Center and Flexcare (4th DCA) Scope of Release Under the Dual Employer Theory Dumas v L…

Cases this week: Schaeffer v Califia Farms LLC (2nd DCA) What Constitutes A False Statement in a False Advertising Case Rincon EV Realty LLC v CP III Rincon Towers (1st DCA) Overlap Between Legal Claims and Equitable Claims Walker v Fred Meyer Inc. (9th Circuit) Disclosure Requirements under the Fair Credit Reporting Act Campbell v Facebook (9th Ci…

Brian and Shant have an in-depth discussion with attorney and arbitrator Lee Straus about a case reviewed on a prior Civil Action podcast. Mr. Straus breaks down the subtleties of the case and further explains the purpose and reasoning behind his ruling. They also discuss Straus’ involvement and development in the State Bar’s Mandatory Fee Arbitrat…

Brian sits down with ethics attorney Ellen Pansky, remotely, to discuss COVID-19 and its impact on virtual court and other legal proceedings and her work as an advocate for matters involving the state bar’s regulations on professional conduct.civilaction

Brian and Michael Childress sit down with Philip Camino of Camino Industries. Philip owns and operates Fellow (www.fellow.la) among other hospitality venues in Los Angeles and nationally, including The Hudson, Earthbar, and Stout. Philip shares his perspective on the hospitality industry pre and post-COVID, and looks to the future with a positive l…

Brian and guest host, Serena Vartazarian speak with Loyola law student and Kabateck LLP law clerk, Gary Partamian about COVID-19, its effect on his final semester as a law student. Gary gives his impressions on the impact the pandemic has on the California Bar Exam, and what he’s doing to prepare for either postponement or an altogether cancellatio…

Wilson v. Huuuge Inc. Brian and Shant discuss a class action based on a browsewrap arbitration agreement’s requirements. Seemingly hidden, the consumer would have had to vigorously search through the website to find the agreement’s terms. Accessibility to the terms dictate the determination of the outcome here. Philadelphia Indemnity Ins. Co. v. SM…

Becerra v. Dr. Pepper Brian and Shant discuss the use of the word “diet” and whether it misled consumers to believe that diet soda would likely promote weight loss. Multiple dictionaries were used to understand what the word “diet’ is meant to convey, but the determination is based on the reasonable consumer test. Stimpson v. Midland Credit Managem…

People v. Royal Brian and Shant discuss the past recollection recorded exception to the hearsay rule and the elements that trigger the exception. They court examined the time element and determined that too much time had expired from the event itself to the time the recollection was recorded. McDermott Ranch v. Connolly Ranch Brian and Shant discus…

Brian and Shant sit down with appellate attorney Harry Chamberlain to discuss the origins of the of the Anti-SLAPP statute, protecting the free speech of lawyers, and tips for preserving a good record for appeal. Harry is certified as an Appellate Specialist by the California State Bar Board of Legal Specialization, handling hundreds of appeals acr…

Halyard Health v. Kimberly Clark 2nd DCA Brian and Shant discuss a declaratory relief action in a matter that arises out of Michael Avenatti’s Kimberly Clark Case. The issue is whether Delaware or California law dictates which defendant is responsible for a punitive damages award granted to the plaintiffs. Safechuck v. MJJ Productions 2nd DCA Brian…

Brian and Shant speak with renowned defense attorneys Dana Fox and Eddie Ward. They discuss the defense perspective on trials, civility, and moving cases along current COVID-19 crisis. Dana Fox and Eddie Ward are partners at Lewis Brisbois. Dana Fox has a reputation as the “go-to” attorney in high profile, high exposure catastrophic accident, polic…

Brian and Shant discuss business interruption insurance with Michael Childress, Of Counsel at Kabateck LLP. With all the closures, businesses large and small are taking the inordinate hit for the rest of society to reduce the impact of the COVID-19 virus. We primarily look at property insurance policies. This is where we find coverage for damage to…

Union Pacific Railroad v. Ameron Pole Property Brian and Shant discuss an inquiry into the causation element of an accident involving a light pole. The plaintiff’s case first thrown out on summary judgment was later reversed because the remaining parties’ indemnity suit and the plaintiff’s complaint were inextricably connected. Gordon v. ARC Manufa…

Cacho v. Eurostar Defendant had facially non-compliant meal & rest break policies. The court concluded that the class cannot be certified because Plaintiff did not sufficiently illustrate a uniform policy of missed meal breaks. Individual questions predominated as to whether the plaintiff missed rest and meal breaks. In Re Williams Sonoma A Kentuck…

From his first trial representing a family in a bad faith case resulting in a successful verdict to his recent whistleblower cases returning money to the federal government, Niall is passionate about his advocacy for the under-represented. Niall has spent his entire 28-year career with his current firm where is the managing partner. He suggests you…

The son of immigrant parents and the eldest of eight children, Minh is no stranger to hardship. Minh worked three jobs through college to fund his family’s mortgage and made his way to Hastings College of Law in San Francisco. Minh’s passion for advocacy comes through in his personal injury trial practice and his pro bono work from his past preside…

From an early age, the son of an elementary school principle and school secretary, Greg understood his path to protect those who were unable to protect themselves. Greg’s practice in Newport Beach was one of the first practices to successfully take an e-cigarette matter to trial. Greg discusses one of his most memorable cases as a plaintiffs’ attor…

Brian and Shant discuss various types of litigation funding available to lawyers and law firms, and the potential pitfalls of the borrowing money to fund cases. Though not a novel practice in the legal profession, reliance on loans can become problematic for the practitioner and for the plaintiffs’ bar as a whole. Have questions for us? You can rea…

Craig discusses how he approached his first trial just short of 30 days of becoming a practicing lawyer and how it helped develop his skill despite how difficult the challenge. Craig uses his 13-year career as a Contra Costa County Public Defender as a foundation to approach his cases from a different perspective. Craig’s unique perspective allows …