In California civil litigation, a breach of fiduciary duty occurs when a party in a position of trust or responsibility fails to act in the best interests of the person or entity they owe that duty to. A fiduciary duty…
In California civil litigation, false imprisonment occurs when one person intentionally restrains or confines another person without their consent and without legal justification. To prove a claim for false imprisonment, the plaintiff must show that they were intentionally confined to…
In California civil litigation, defamation occurs when one party makes a false statement about another that harms their reputation. Defamation can be in the form of libel (written or published defamation) or slander (spoken defamation). To prove a defamation claim,…
In California civil litigation, intentional infliction of emotional distress (IIED) occurs when one party’s extreme or outrageous conduct intentionally or recklessly causes another party to experience severe emotional distress. To succeed in an IIED claim, the plaintiff must prove that…
In California civil litigation, a breach of contract occurs when one party fails to fulfill their obligations under the terms of a legally binding agreement. To establish a breach of contract claim, the plaintiff must demonstrate the existence of a…
Negligent misrepresentation in California civil cases occurs when one party makes a false statement or provides inaccurate information, but without the intent to deceive, while failing to exercise reasonable care or competence in obtaining or communicating that information. Unlike fraud,…
Fraud or intentional misrepresentation in California civil cases occurs when one party deliberately deceives another to secure a benefit, typically by making false statements or omitting critical information with the intent to mislead. To prove fraud, the plaintiff must show…
In California civil litigation, a tort is a civil wrong that results in harm or injury to another person or their property, for which the injured party can seek compensation through a lawsuit. Torts can arise from intentional acts, such…
In California civil cases, jury instructions are essential guidelines provided by the judge to help jurors understand the law and how to apply it to the facts of the case. These instructions cover a wide range of topics, such as…
In California civil cases, cross-examination is a critical stage of the trial where one party questions the opposing party’s witness to challenge their credibility, accuracy, or reliability. During cross-examination, the attorney is typically restricted to asking leading questions, meaning questions…