In one of my recent blog posts “Become a Discovery Ninja” I set out my workflow for responding to discovery requests. The most important rule of my workflow is to respond to the discovery requests within 48 hours of receiving them. I’ve had several attorneys ask me how I can do this so quickly in

Stewart R. Albertson
Become a Discovery Ninja: Setting up a Workflow for Responding to California Discovery
Responding to written discovery can be overwhelming. In most cases defense attorneys send the bulk of written discovery early on in a lawsuit. This discovery generally includes Form Interrogatories, Special Interrogatories, Requests for Admission, and Demands to Produce. Due to the size and expansive scope of this discovery one can become overwhelmed by it and…
A Trial Lawyer’s Journey from Fat to Fit–And My Favorite Fitness Gurus
In April 2009 I weighed 216 pounds. I’m 6’1” so I didn’t consider myself to be overweight. In fact, at this time, I was riding my road bike 60 to 90 miles per week, and even competed in the L.A./Kaiser triathlon the year before. But my diet was terrible. I ate way too much food—including…
Pelvic Mesh Ruined Her Life
I recently read Rita Rubin’s article “Risky pelvic mesh highlights worries about FDA process.” Ms. Rubin’s article brings light to an issue that has been putting women at risk throughout the United States. I represent one of these women; here’s a snapshot of her story regarding severe complications to vaginal mesh, which has ruined her…
Influencing the Court to Find for Undue Influence in California
I’ve blogged before about using the concept of undue influence to overturn a California Will or Trust. But knowing the definition of undue influence is only the first step. To make the concept of undue influence useful, you have to know how to prove the existence of undue influence in a Court of law. That…
How my iPad and iAnnotate make for Friendlier Skies
I’m a huge fan of the iPad. I keep finding new ways to use it in the practice of law. One of the best iPad apps I’ve come across is iAnnotate PDF by Aji, LLC. At $9.99 it is a bargain.
I recently finished a three week trial and ordered all 1200 plus pages…
Court Decision Causes Consternation for Arbitration Clauses in Trusts: Can a California Trust Beneficiary be Forced into Arbitration after Diaz?
An interesting case, Diaz v. Bukey, was decided on May 10, 2011 by California’s Second Appellate District pertaining to the issue of whether a mandatory arbitration clause in a trust applies to a trust beneficiary. Justice Steven Z. Perren, writing for a unanimous Court, held that the beneficiary of a trust who did…
Alleged Financial Elder Abuser Must Face the Music: Los Angeles County Superior Court Keeps Lawsuit Alive
Trust and Will lawsuits often provide different paths to the same destination. My client, a trust beneficiary, recently filed a lawsuit against a trustee of a California trust for financial elder abuse, and at the same time sued for undue influence to set aside the Trust amendment created at the hands of the Trustee/Abuser. In…
Marital Rights Without Marriage — How Nonmarital Partners May Receive a Share of a Deceased Partner’s Estate Based Upon an Oral Promise Before Death
One of my first litigation cases was against attorney Thomas W. Dominick in San Bernardino County Probate Court. Tom is one of the best estate and trust litigators in California. To say the least, I was scared. The issue in that case revolved around whether my client had a right to his girlfriend’s real property after…
Don’t Let Defense Attorneys Direct Their Clients Not to Answer Questions at Deposition–Bring a Motion to Compel
I’m still amazed when defense attorneys direct their clients not to answer my questions during a deposition where no privilege exists. In other words, the defense attorney simply assumes the role of judge and decides what questions their client will and will not answer. Of course, the defense attorney instructs their client not to answer…