Civil Action Podcast

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Civil Action is where law meets power. Join attorneys Brian Kabateck and Shant Karnikian as they dive into the legal and political forces shaping our world right now. With decades of experience in the courtroom and cases across the country, they unpack the real stories behind the headlines — exposing how the legal system shapes, and is shaped by, the world around us. It’s not just analysis. It’s a front-row seat to the battles defining justice in America.

47. Civil Procedure Cases Part 2

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

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46. Civil Procedure Cases Part 1

Zehia v Sup Court of San Diego County (4th DCA) Personal Jurisdiction in an 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

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45. Consumer Protection Cases

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

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BONUS CONTENT: Guest Interview with Attorney & Arbitrator Lee Straus

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

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BONUS CONTENT: Guest Interview with Restaurateur Philip Camino

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

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COVID – 19 and Its Impact on the July 2020 CA Bar Exam

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

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40. Browsewrap Arbitration Agreements; Finding a 3rd Party Beneficiary; the Inability to Use an Arbitration Award in a Previous Matter; Condo Associations, Arbitration Provisions & Unconscionability

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.

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38. Past Recollection Recorded; a Unique Exception to the Hearsay Rule; Sister State Money Judgment Act & Res Judicata; Attorney Fees & When an Allocation is Appealable

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

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