MORE BUDGET CUTBACKS FOR ORANGE COUNTY SUPERIOR COURT
Like all agencies across the State of CA, the State's budget woes have also affected the courts, to varying degrees per county. The most recent cutback that will be occurring in O.C. will be the cessation of hearing civil cases and small claims matters in the West Justice Center (WJC) in Westminster. For example, in the fiscal year of 2011-2012 the WJC heard approximately 9,400 civil cases and more than 3,300 small claims cases. These civil/small claims matters will now be transferred to the Central Justice Center in Santa Ana or the North Justice Center in Fullerton. No court staff is apparently going to be let go, instead 12 employees from the WJC will be transferred to the various branch courts. Obviously, given the volume of civil/small claims matters heard in WJC over the past fiscal year will mean that the transfer of such matters to the other branch courts will cause further delay in hearing those matters when the branch courts are already keeping busy with the normal flow of matters that are directly filed there. In addition, the night court sessions for small claims in the Harbor Justice Center in Newport Beach will be canceled and redirected to the Central Justice Center. The Governor has scheduled a $544 million cut to the judiciary, and the O.C. Superior Court will have to dip into its cash reserves to deal with these cutbacks. Orange County residents should still be thankful that Orange County Superior Court remains one of the most efficient and user friendly superior courts in the state in the face of such adversity, given its excellent court staff and sitting judges. Nevertheless, expect matters to get worse before they get better. It remains a shame that the justice system should be adversely affected by the incompetence of state government.
Friday, August 3, 2012
Wednesday, June 27, 2012
TOP TEN REASONS TO HIRE AN ATTORNEY
1. Is Facebook friends with all of the Supreme Court Justices.
2. Guarantees in writing a complete refund of all fees paid if your criminal defense case results in your receiving the death penalty.
3. Cancelled award ceremony at the White House to receive the Presidential Medal of Freedom in order to personally handle your small claims appeal.
4. Always receives enthusiastic applause from the judge and jury when he concludes cross-examination of a witness at trial due to his amazing technique of using a Jerry Mahoney ventriloquist dummy to interrogate the witness.
5. Gives one free accordion lesson for every new client that he is referred.
6. Only attorney in town to effectively combine a Power Point Presentation with clog dancing to bring the jury to tears in his closing argument.
7. If you retain him, at no extra charge you receive the director's cut DVD of Season One of Matlock.
8. Has offices in Antwerp, Zanzibar, and Brunei, but can still accommodate an appointment to see you in conference within one hour at his Barstow office.
9. Not only has a successful law practice, but also runs a thriving Three Card Monte booth in front of the courthouse.
10. Gave up a promising career as a rodeo clown to devote himself to the practice of law.
1. Is Facebook friends with all of the Supreme Court Justices.
2. Guarantees in writing a complete refund of all fees paid if your criminal defense case results in your receiving the death penalty.
3. Cancelled award ceremony at the White House to receive the Presidential Medal of Freedom in order to personally handle your small claims appeal.
4. Always receives enthusiastic applause from the judge and jury when he concludes cross-examination of a witness at trial due to his amazing technique of using a Jerry Mahoney ventriloquist dummy to interrogate the witness.
5. Gives one free accordion lesson for every new client that he is referred.
6. Only attorney in town to effectively combine a Power Point Presentation with clog dancing to bring the jury to tears in his closing argument.
7. If you retain him, at no extra charge you receive the director's cut DVD of Season One of Matlock.
8. Has offices in Antwerp, Zanzibar, and Brunei, but can still accommodate an appointment to see you in conference within one hour at his Barstow office.
9. Not only has a successful law practice, but also runs a thriving Three Card Monte booth in front of the courthouse.
10. Gave up a promising career as a rodeo clown to devote himself to the practice of law.
Monday, June 4, 2012
STATE'S BUDGET WOES AFFECT THE JUSTICE SYSTEM
An unfortunate aspect of the State's recent budget woes has been severe budget cuts to the court system. Depending on any county's caseload and court administration, this has affected some counties more severely than others. Los Angeles County Superior Court as the largest court system in the state has been most adversely affected, resulting in the closing of many trial departments and layoff of staff for indefinite periods of time. San Francisco has also taken similar hits.
Orange County Superior Court, and which can pride itself on being one of the best-managed courts in the State, has largely been able to avoid the same closures and layoffs that have affected Los Angeles and San Francisco.
However, and effective July 30, 2012, the regular hours of operation for the Orange County Clerk's Offices will be from 8:00 A.M. to 4:00 P.M., cutting off their usual closure time of 4:30 P.M. Obviously, it could have been worse.
When the justice system is subjected to budgetary cuts, it is usually the civil caseload that fares the worse, as Constitutional safeguards of the right to a speedy trial mean that the courts' criminal caseload will be given first priority to trial courts and process.
It is a shame that the right to a fair day in court should be delayed or denied because those elected to run this State cannot do so.
An unfortunate aspect of the State's recent budget woes has been severe budget cuts to the court system. Depending on any county's caseload and court administration, this has affected some counties more severely than others. Los Angeles County Superior Court as the largest court system in the state has been most adversely affected, resulting in the closing of many trial departments and layoff of staff for indefinite periods of time. San Francisco has also taken similar hits.
Orange County Superior Court, and which can pride itself on being one of the best-managed courts in the State, has largely been able to avoid the same closures and layoffs that have affected Los Angeles and San Francisco.
However, and effective July 30, 2012, the regular hours of operation for the Orange County Clerk's Offices will be from 8:00 A.M. to 4:00 P.M., cutting off their usual closure time of 4:30 P.M. Obviously, it could have been worse.
When the justice system is subjected to budgetary cuts, it is usually the civil caseload that fares the worse, as Constitutional safeguards of the right to a speedy trial mean that the courts' criminal caseload will be given first priority to trial courts and process.
It is a shame that the right to a fair day in court should be delayed or denied because those elected to run this State cannot do so.
Friday, May 25, 2012
NEW APPELLATE DECISION A TRAP FOR THE UNWARY LITIGANT:
Under Code of Civil Procedure section 998, also called a statutory offer of compromise, a defendant or a plaintiff can offer to allow a judgment to be entered in favor of the plaintiff or the defendant for a specified amount. The party receiving the offer then has 30 days to accept it, and if they don't accept it within that time frame then per the code section the offer is deemed to be rejected thereafter.
If the party receiving the offer then goes to trial and fails to do better than what the offer was, then they cannot claim their costs of suit and the party making the offer is awarded their costs of suit. Costs of suit are defined by statute and do not include attorney's fees, but can include costs for filing fees, service of process, jury fees, court reporter charges, costs for trial exhibits, and fees for expert witnesses. The latter can often comprise the most expensive cost items for a case that goes as far as a trial.
In a personal injury case, if the defendant rejects a plaintiff's statutory offer and doesn't do better at trial, then the judgment for the plaintiff also bears pre-judgment interest back to the time the offer was rejected, at .10% per annum.
The code section also specifies that a method of acceptance must be included within the body of the offer, such as a signature line showing acceptance for the party receiving the offer to sign their acceptance thereto.
The whole policy purpose behind C.C.P. sec. 998 is to encourage settlement, or to suffer adverse financial consequences if a litigant chooses to roll the dice at trial and then comes up short.
The failure of a plaintiff to do better at trial than what a defendant's pre-trial statutory offer was can be devastating, as the defendant's costs will be subtracted from whatever amount a plaintiff was awarded at trial. If the plaintiff received nothing at trial or less than what the defendant's costs turn out to be, then the defendant is awarded a judgment against the plaintiff. A judgment can be enforced by the prevailing party by legal execution, including wage garnishment, a levy on a bank account, or a lien upon real property.
In a recently published California appellate case of first impression, it was held that a failure by the offering party to include an acceptance provision within the body of the offer was fatal in any attempt to be awarded costs thereafter, if the party receiving the offer rejected it and didn't do better at trial.
That case is Perez v. Torres (May 24, 2012) 2012 DJDAR 6810.
What does this mean for plaintiffs? If the plaintiff is making a statutory offer, they must include an acceptance provision for the defense attorney to sign on, within the body of the offer. If the defendant makes a statutory offer to the plaintiff and omits an acceptance provision, then the plaintiff, should they not want to accept the offer, should stay silent on the subject in case things don't turn out better after a trial.
Statutory offers of compromise are nearly always made by a defendant and usually by a plaintiff prior to trial, and they require a great deal of strategy and evaluation of the strength of the plaintiff's case that should be seriously discussed between the plaintiff and their attorney if they are to reap the benefits and avoid the adverse consequences of the procedure.
Under Code of Civil Procedure section 998, also called a statutory offer of compromise, a defendant or a plaintiff can offer to allow a judgment to be entered in favor of the plaintiff or the defendant for a specified amount. The party receiving the offer then has 30 days to accept it, and if they don't accept it within that time frame then per the code section the offer is deemed to be rejected thereafter.
If the party receiving the offer then goes to trial and fails to do better than what the offer was, then they cannot claim their costs of suit and the party making the offer is awarded their costs of suit. Costs of suit are defined by statute and do not include attorney's fees, but can include costs for filing fees, service of process, jury fees, court reporter charges, costs for trial exhibits, and fees for expert witnesses. The latter can often comprise the most expensive cost items for a case that goes as far as a trial.
In a personal injury case, if the defendant rejects a plaintiff's statutory offer and doesn't do better at trial, then the judgment for the plaintiff also bears pre-judgment interest back to the time the offer was rejected, at .10% per annum.
The code section also specifies that a method of acceptance must be included within the body of the offer, such as a signature line showing acceptance for the party receiving the offer to sign their acceptance thereto.
The whole policy purpose behind C.C.P. sec. 998 is to encourage settlement, or to suffer adverse financial consequences if a litigant chooses to roll the dice at trial and then comes up short.
The failure of a plaintiff to do better at trial than what a defendant's pre-trial statutory offer was can be devastating, as the defendant's costs will be subtracted from whatever amount a plaintiff was awarded at trial. If the plaintiff received nothing at trial or less than what the defendant's costs turn out to be, then the defendant is awarded a judgment against the plaintiff. A judgment can be enforced by the prevailing party by legal execution, including wage garnishment, a levy on a bank account, or a lien upon real property.
In a recently published California appellate case of first impression, it was held that a failure by the offering party to include an acceptance provision within the body of the offer was fatal in any attempt to be awarded costs thereafter, if the party receiving the offer rejected it and didn't do better at trial.
That case is Perez v. Torres (May 24, 2012) 2012 DJDAR 6810.
What does this mean for plaintiffs? If the plaintiff is making a statutory offer, they must include an acceptance provision for the defense attorney to sign on, within the body of the offer. If the defendant makes a statutory offer to the plaintiff and omits an acceptance provision, then the plaintiff, should they not want to accept the offer, should stay silent on the subject in case things don't turn out better after a trial.
Statutory offers of compromise are nearly always made by a defendant and usually by a plaintiff prior to trial, and they require a great deal of strategy and evaluation of the strength of the plaintiff's case that should be seriously discussed between the plaintiff and their attorney if they are to reap the benefits and avoid the adverse consequences of the procedure.
Friday, May 18, 2012
TOP TEN REASONS TO FIRE YOUR ATTORNEY:
1. Can't provide you with legal advice unless he first consults with his parole officer.
2. Law school degree on wall issued by correspondence course from University of Tierra Del Fuego.
3. Advises you to cop a plea to involuntary manslaughter when you are consulting with him about a contract case.
4. On his office stationery he has a nickname of "Bud", "Chip", or "Skip" printed in quotation marks between his first and last name.
5. Drafts all legal documents with quill pen on parchment.
6. Claims to specialize in space law but will still handle your case.
7. Wears English barrister wig and black robe when at the office.
8. Ankle bracelet sets off metal detector when he goes to the courthouse.
9. Law office located in a van down by the river.
10. Furiously pounds a gavel on his desk whenever you make an inquiry about your bill.
1. Can't provide you with legal advice unless he first consults with his parole officer.
2. Law school degree on wall issued by correspondence course from University of Tierra Del Fuego.
3. Advises you to cop a plea to involuntary manslaughter when you are consulting with him about a contract case.
4. On his office stationery he has a nickname of "Bud", "Chip", or "Skip" printed in quotation marks between his first and last name.
5. Drafts all legal documents with quill pen on parchment.
6. Claims to specialize in space law but will still handle your case.
7. Wears English barrister wig and black robe when at the office.
8. Ankle bracelet sets off metal detector when he goes to the courthouse.
9. Law office located in a van down by the river.
10. Furiously pounds a gavel on his desk whenever you make an inquiry about your bill.
Thursday, May 17, 2012
TOP TEN THINGS TO ASK BEFORE YOU RETAIN A PERSONAL INJURY ATTORNEY:
1. How long have you been practicing law?
2. How many personal injury cases have you handled in your career?
3. Will you be willing to try my case if for any reason it cannot be settled?
4. How many jury trials have you conducted?
5. Is your contingency fee negotiable?
6. Will I be responsible for case costs in addition to the contingency fee, and if so, are the costs contingent like the fee?
7. How would you propose to handle a case such as mine?
8. How long will it take to resolve my case?
9. Will I be forwarded copies of letters and other important documents on my case as it progresses?
10. Will you personally handle my case and return my phone calls or e-mail inquiries?
1. How long have you been practicing law?
2. How many personal injury cases have you handled in your career?
3. Will you be willing to try my case if for any reason it cannot be settled?
4. How many jury trials have you conducted?
5. Is your contingency fee negotiable?
6. Will I be responsible for case costs in addition to the contingency fee, and if so, are the costs contingent like the fee?
7. How would you propose to handle a case such as mine?
8. How long will it take to resolve my case?
9. Will I be forwarded copies of letters and other important documents on my case as it progresses?
10. Will you personally handle my case and return my phone calls or e-mail inquiries?
Monday, July 11, 2011
Small Claims News
Governor Brown just signed a bill increasing small claims jurisdiction so it can entertain cases worth as much as $10,000.00. The jurisdictional limit was previously $7,500.00. The bill received bipartisan support and will enable people to seek relief from the courts on matters that may be cost prohibitive to retain an attorney on. Attorneys can represent litigants in court on a small claims appeal or to try and collect a small claims judgment that the defendant doesn't voluntarily pay. Of course, an attorney can certainly be consulted for initial advice on whether a small claims action would be advisable and what the procedures are.
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