An attorney’s duty of candor to the court includes an affirmative duty to apprise the court of material developments of fact or law in a case and not make misleading or false statements.
Cases of Interest
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Oct
Oct
A party who would otherwise receive additional costs and fees under Code of Civil Procedure section 998 may not recover if the section 998 offer is made conditional on acceptance by all defendants.
Even if plaintiff was able to allege that the fence that caused his injuries was a known, dangerous condition, the trail immunity provision of the Government Claims Act barred suit because the fence was a condition inherent to the trail.
Civil Procedure – Landowner owed no duty to decedent because it had no knowledge of dangerousness of product, which was stored in drums that did not disclose it was hazardous
Policy language that each party will pay expenses it incurs in arbitration and bear expenses of arbitrator equally did not preclude recovery under Code of Civil Procedure Section 998