Civil Action with Brian & Shant

Join Anastasia Mazzella and Shant Karnikian as they discuss how attorneys can best utilize expert witnesses in their cases. They are joined by a highly respected expert witness in the field of neuropsychology, Dr. Dominique Kinney. In this episode, Dr. Kinney gives attorneys 6 tips on how to make the attorney-expert relationship more productive, including the importance of choosing the right exper...

Brian and Shant discuss three hot topics in the law starting with the concern that the ability to appear in court virtually in many circumstances could be on the chopping block. COVID made remote appearances a normal occurrence and have made work done by lawyers and the courts much more efficient. But the statute that allows for remote appearances was set to end July 1 and that would be disastrous...

In this episode Shant and Marina Pacheco connect with Alexandra Steele Cooper about what it’s like to go out on your own and start a new firm. Alexandra spent several years at a large firm as a trial lawyer before starting her own firm, Steele Cooper Law where she focuses on personal injury and employment law. She has recovered tens of millions of dollars for her clients.  Hear how she prepared to...

This episode, Anastasia Mazzella, partner at Kabateck LLP, sits down with Leadership Coach (and friend) Dr. Sohee Jun to talk about imposter syndrome. Imposter Syndrome is a pervasive feeling in many professions but is noticeably acute in the law and particularly affects women and people of color.  Women make up a small percentage of leadership roles in law firms and are paid less than men and aga...

Brian and Shant discuss the crisis created by the lack certified court reporters in California. The shortage means that many cases don’t get a court reporter or that lawyers and clients are spending thousands of dollars to hire a private court reporter.    Why has this happened? Two reasons: First, the passage rate for the court reporter certification exam is painfully low, around 20%. Second, the...

Brian and Shant speak with attorney Gary Partamian, who focuses on cases of childhood sex abuse. They discuss the changes to CCP 340.1 and how to possibly file a case on behalf of a client who is over 40 years old and suffered sexual abuse as a child. Learn about the importance of working with prospective clients in these cases to confirm that they qualify under the strict requirements of CCP 340....

Today our intake attorney Annie Martin-McDonough brought a fascinating topic to our attention with the “tort of seduction.” In the 1700’s this was a tort that allowed for the father of a daughter to sue a man, who had seduced and impregnated the woman, for loss of services.   Later in the Victorian era the tort evolved to allow a woman to sue for emotional damages due to a loss of virtue if a man...

Join the conversation this episode with Anastasia Mazzella and Marina Pacheco, partners at Kabateck LLP, about their experiences and thoughts on gender bias in the legal field. They'll identify specific situations they've encountered and share observations on how improvements can be made to minimize the issues going forward. While 47% of lawyers at the associate level were women, that number drops...

Brian and Shant speak with partner Stephanie Charlin on figuring out the policy limits of a party responsible for an injury.  Currently, the law dictates that insurance companies are not required to release policy information until a case is filed and the information is requested during discovery. This is often a waste of time for plaintiff lawyers, the courts, and the victims, particularly if the...

Can you pop the lid on a UM/UIM policy? Join hosts Brian Kabateck and Shant Karnikian as they invite attorney Barrett Alexander of Kabateck LLP to talk about the difference between a third-party bad faith claim and a UM/UIM bad faith claim.  What legal remedy and rights does the injured party have in each context?  Hear specific case examples about how this is done and what the future may hold whe...

Brian, and Shant sit down with attorney Marina Pacheco of Kabateck LLP to discuss the complicated world of filing childhood sexual assault cases. Of particular importance is a deadline regarding the statute law CCP 340.1 (sec Q) , which starting in January 2020 gave a three year window for people to file a childhood sexual assault case if they were ineligible to do so under previous laws and statu...

Today Brian and Shant discuss why businesses and corporate America tend to support conservative Supreme Court justices... spoiler alert: they don't care about social issues. While big businesses often take more progressive stances on hot-button social issues like abortion and gay rights, businesses nevertheless fund conservative agendas so they can ensure a legislature and judiciary who are going...

With the California Private Attorneys General Act in the news again after the Supreme Court decision on Viking River Cruises, Inc. v. Moriana , Brian and Shant dive into what the decision means for the future of PAGA and how it may be enforced now that the Federal Arbitration Act can preempt the California law in certain situations.  They also discuss what might happen if enough signatures are col...

Today Brian and Shant are joined by jury consultant Harry Plotkin. Harry has been a consultant for over 20 years and works with civil prosecutors in consumer cases. He has selected juries in 42 cases that resulted in eight-figure awards since 2013 and has consulted in over 1,000 cases nationwide in his career. Brian, Shant and Harry talk about what to look for in prospective jurors, whether conser...

Brian Kabateck and Shant Karnikian discuss the current situation for law students with their guest, Michael Waterstone, Dean of Loyola Law School, Los Angeles.  Graduates of Loyola Law School themselves, Brian and Shant speak with the Dean on where law school and law practice is headed, the effects of the pandemic on teaching and students, and the outlook for jobs in the legal field for Loyola Law...

What would happen if in the middle of a huge personal injury case, where there might be a huge recovery, the Plaintiff and their spouse decide to get divorced? What if a couple’s home burns down and in the middle of the lawsuit against the tortfeasor, they decide to call it quits as a couple?  These are the fascinating intersections of family law and personal injury cases that we sometimes encount...

While the Court of Appeal issues opinions that continue to jeopardize PAGA, corporate lobbyists have drafted a proposed ballot initiative that would kill PAGA entirely. Brian and Shant address a recent court ruling as well as proposed legislation that may significantly weaken or even eliminate the use of the  Private Attorneys General Act  (PAGA) in California. In September, the Second District Co...

Brian and Shant revisit the standards for bad faith and opening up the lid on a policy. They discuss two recent cases from the California Court of Appeal:  Pinto v. Farmers Insurance Exchange (2021) 61 Cal. App.5th 676 and  Hedayati v. Interinsurance Exchange of the Automobile Club (2021) 67 Cal. App.5th 833. For more information visit www.kbklawyers.com

Brian and Shant discuss Defense Preclusion, Tolling of Legal Malpractice SOL, Cost of Proof on a Prevailing RFA, and Juror Contact.   Lucky Brands v Marcel Fashion (2nd Ct. of Appeals) A Defense Not Previously Raised is Precluded from Future Assertion   Nguyen v Ford (6th DCA) In a Legal Malpractice Case, Tolling Only Applies to a Specific Subject Matter in the Particular Matter at Issue   Univers...

Brian and Shant discuss Insurance Cases the Duties of the Insureds, the Genuine Dispute Doctrine, Forum Selection Clause in an Insurance Contract, and Vertical versus Horizontal Exhaustion in Insurance Policies.   Mosley v. Pac Specialty Farming Operation Exclusion Precluding Recovery for Fire Destroying the Property   501 E 51st Street v Kookmin Best Ins. Captive Experts and the Genuine Dispute D...

Brian and Shant discuss vandalism and civil unrest with Michael Childress, Of Counsel at Kabateck LLP.    Large and small business from around the country took a hit in the wake of protests related to the death of George Floyd and the Black Lives Matter movement. Brian, Shant, and Michael discuss how these events have impacted property insurance policyholders, the damage that ensued, and how to be...

Brian and Shant discuss Personal Injury Cases that involve the Standard on Summary Judgment and a Continuance when Discovery is Outstanding; Joint and Several Liability Principles; a Primer on 998 Offers; and the Recovery of Emotional Distress Damages in a Breach of Contract Dispute.   Insalaco v Hope Lutheran Church (1st DCA) MSJ Standards and a Continuance when Discovery is Outstanding   Shuler...

Brian and Shant discuss Attorney Fees in Lemon Law Litigation; a Civil Rights Matter; an Elder Abuse Case; and in Class Actions.   Mikhaeilpoor v BMW of North America (2nd DCA) Under Song-Beverly Attorney Fees are Mandatory for Prevailing Plaintiff Attorney   Vargas v Howell (9th Circuit) A Civil Rights Matter Involving a Minor and An Unfavorable Ruling for Attorney Fees   Arace v Medico Investmen...

Brian and Shant discuss Unconscionability and the Unenforceability of Arbitration Agreements; the Inability to Arbitrate PAGA Claims; and Reviewing Arbitration Awards—Vacatur of Award   Dougherty v. Roseville Heritage (5th DCA) Substantive Unconscionability and a Provision Limiting Elder Abuse Remedies in An Elder Abuse Case   Dennison v. Rosland Capital (2nd DCA) How Lack of Mutuality is Unconsci...

Brian, Shant, and their colleague Michael Childress discuss how insurance companies instill fear in the public in order to suppress a collective voice.  Misinformation, intimidation, and claim denials have become the fundamental recipe for the multi-billion dollar industry.  The team discusses these problems and discuss how the shift from service sector to profit center occurred.