In law school you are taught “if you are a defendant remove the case to the Federal Court”.  University of Connecticut law professors Alexandra Lahav and Peter Siegelman studied 30 years of data from the Administrative Office of the U.S. Courts supporting that directive. According to the law profs, the winning rate for plaintiffs in

International law systems, justice, human rights and global business education concept with world map on a school globe and a gavel on a desk on blue background.

The new CCP §1297.185 essentially over rules the 1998 California Supreme Court case known as Birbower holding that lawyers from foreign nations could not

Phone company records are difficult to obtain.  I say difficult, not impossible.  Even with a validly issued civil subpoena, the phone company will not comply without a notarized written consent from the consumer who “owns” the phone number.  You need a signed and notarized form such as this: Sprint Consent to Release Information

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In an unpublished opinion, Milder v. Holley, B267974 (2/5 1/31/17) the Court of Appeal on a gateway issue, found that a judge decides if there was fraud in the inducement to enter into an arbitration agreement in California.  ( Citing Johnson v. Siegel (2000) 84 Cal.App.4th 1087, 1095.)  This is separate from fraudulent inducement to enter into the contract which happens to contain an arbitration clause.  The latter is to be decided by the arbitrator. (Citing Ericksen, Arbuthnot, McCarthy, Kearney & Walsh Inc. v. 100 Oak Street, (1983) 35 Cal.3d 312, 323.)  Read more …
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Code of Civil Procedure 1856(g) provides that parol (verbal) evidence to explain the circumstances under which the agreement, to which it relates,  explain an extrinsic ambiguity or otherwise interpret the terms of the agreement, or to establish illegality or fraud.    Further, parol evidence is admissible even if the contract itself is clear or not in