About Brad Nakase

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Entries by Brad Nakase

Right to Discovery in California: No Leave of Court

In California legal proceedings, most discovery procedures are available as a matter of right without requiring leave of court, except for certain sensitive matters such as physical and mental examinations, a defendant’s financial condition in punitive damage cases, and a plaintiff’s sexual history in sexual harassment cases, which require a court order.

The Truth About Uninsured Motorist Coverage

The truth about uninsured motorist coverage has been unfolded, revealing its vital role in protecting drivers financially in a variety of scenarios. We’ve explored how this coverage, while varying by state and policy, offers indispensable security against the uncertainties of accidents with uninsured drivers.

Special Damages vs. General Damages: What’s the Difference?

General damages, including pain and suffering, loss of consortium, and emotional trauma, arise naturally from a wrongdoing and aren’t quantified monetarily. In contrast, tort law’s special damages, like car repairs or medical bills, are calculable and differ from general damages that lack a fixed cost.

Motion To Compel Arbitration

This article discusses the legal intricacies and procedures related to filing a motion to compel arbitration, covering topics such as tolling provisions, consolidation of arbitration proceedings, and appeals. The conversation provided a detailed overview of strategies for both enforcing and avoiding a motion to compel arbitration in various legal contexts.

Second Assumption of Risk Defense

Secondary assumption of risk is when one willingly and voluntarily puts oneself in a dangerous situation due to someone else’s negligence.

Pleading the Fifth In A Civil Case

A defendant or witnesses in a civil case may plead the Fifth Amendment right against self-incrimination. The person pleading the fifth must show that there is a real possibility that the information sought can be use against them in a pending or future criminal case.

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