March 2023 Newsletter

Hey friends,

I hope your year is off to a great start. Mine has been very busy, but I managed to fulfill a life-long dream to go on a Safari in Tanzania for my 60th Birthday. I’ve always had a fascination with nature. As a child, I had several pets and aquariums, caught and released many animals, collected butterflies, studied birds, and watched countless nature shows. I had a wonderful time and was fortunate to see so much. And yes, I was lucky enough to see the Big Five. Being that close to such magnificent animals in their natural habitat made me so happy. One day, I ate lunch surrounded by a herd of elephants. What an incredible experience. I’m especially grateful.

I hope this year you’re able to do more of what makes you happy.

With gratitude,

#LEGAL UPDATE

Waiver Evermore

Can an antiwaiver provision itself be waived? In Gould v. Corinthian Colls., Inc. (2011) 192 Cal.App. 4th 1176, the court answered yes (“we conclude the lessor waived certain rights under the lease, even if the antiwaiver provision applies'').

Waiver is an intentional relinquishment of a known right, which may be implied through conduct manifesting an intention to waive. Acceptance of benefits is conduct that supports finding a waiver. The court decides whether a waiver occurred-not the jury.

Impeachment Evidence – Use or Lose It?

What should you do with smoking gun impeachment evidence: use it during deposition or save it for trial?

In his courtroom, Los Angeles Superior Court Judge Byrdsong has a sign that says: “Litigation is not poker.” Judge Byrdsong urges counsel to show your cards, right away, face up. In his words, “[t]he litigation process functions well when there is a transparent and ongoing dialogue about the facts of the case, and the law applied to those facts. When the parties really understand what the case is about by understanding the other side’s case, the case is more likely, and more rapidly going to resolve.”

Apple Notes

Have you ever been in court scrambling to find trial and other important court dates while the judge is waiting for you? This usually occurs when a judge is setting or continuing trial dates. I now keep all of my trial and important court dates in Apple Notes in a note titled, “Trial Dates.” So, whenever I need to know all my important dates for court, I just open Apple Notes and voilà. You can also easily share the note with others when needed.

#WORTH YOUR TIME

Anything You Want by David Sivers

David Sivers, a musician, started CD Baby to sell his own CDs online. His friends and other musicians asked him to help them sell their CDs online too. Within 10 years, Sivers sold CD Baby for $22 million. In his book, Anything You Want, Sivers shares 48 lessons he learned from being an accidental entrepreneur.