Category: Memoranda of Law

Objective summaries of substantive California law.

Comparative Analysis of Attorney Ethical Rules

Introduction All attorneys owe fiduciary duties to all clients including undivided loyalty, independence of professional judgment, confidentiality, disclosure, and competency. In California, Rule 3-310...

Insurer-Policyholder Fiduciary-Like Relationship

Introduction The relationship between an insurer and its policyholder is the product of contract, but in the eyes of the law it is special....

Brandt Attorney Fees

Introduction When an insurer tortiously withholds policy benefits, attorney’s fees, reasonably incurred to compel payment of the policy benefits, are recoverable as an element...

Dependent Cousel Disqualification Test – When Does the Right to Independent Counsel Vest?

Introduction Since its publication over three decades ago, the landmark Cumis decision has been validated by the California Legislature, the Supreme Court, and a...

How Much Must An Insurer Pay Independent Counsel

Introduction Independent counsel often take great interest in exactly how much and how often a policyholder’s liability insurer must pay for independent counsel to...

Compendium of Conflicts of Interest

Introduction A liability dispute between a plaintiff and a defendant is a simple binary contest – mano a mano. When a liability insurer concedes...

Work Product Doctrine

Sorry – Under Construction This research tool is planned but not yet ready to publish. If you need this content soon, contact us to...

Waller – No Automatic Waiver Rule

Sorry – Under Construction This research tool is planned but not yet ready to publish. If you need this content soon, contact us to...

Res Judicata – Collateral Estoppel – Law of the Case

Introduction No “do-overs”. That is the gist of three closely related legal concepts rooted in principles of equity. “The doctrine of res judicata precludes...

No Set-Off

Sorry – Under Construction This research tool is planned but not yet ready to publish. If you need this content soon, contact us to...

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