Category: Motions

The Attorney’s Sworn Oath Taking the attorney’s oath is not just a ritual. It is required for admission to practice law in California. You may take the oath at an…

California Civil Code § 3294 Punitive Damages – California Civil Code 3294 When someone else causes you harm, you may want to do everything possible to hold them accountable for…

What is a Fiduciary Duty – Breach of Fiduciary Duty Breach of Fiduciary Duty California Protecting The Interests Of Legal Malpractice Victims “In your best interest” is a crucial term to…

Dwayne Furlow v. Jon Belmar, No. 21-2640 (8th Cir. 2022) Dwayne Furlow v. Jon Belmar – Police Warrant – Immunity Fail – 4th, 5th, & 14th Amendment Officer NOTentitled to…

Major Exceptions To The Hearsay Rule   REVIEW OF THE CALIFORNIA HEARSAY RULE – EVIDENCE CODE 1200 California’s “hearsay rule,” defined under Evidence Code 1200, is a law that states…

American Bar Association – Functions and Duties of the Prosecutor – Prosecution Conduct CRIMINAL JUSTICE STANDARDS   Prosecution Function Fourth Edition (2017) of the CRIMINAL JUSTICE STANDARDS for the PROSECUTION FUNCTION Copyright by…

Family Law Appeal In family law appeals, it is important that your appellate attorney knows more than appellate law: they must also know family law.  Attorney Andrew J. Botros of Bickford Blado…

RULES OF ADMISSIBILITY Evidence Admissibility   WHAT ARE THE RULES OF ADMISSIBILITY IN CALIFORNIA CRIMINAL CASES? In any criminal trial, the prosecution bears the burden of proving the defendant’s guilt…

How to Vacate a Criminal Conviction in California – Penal Code 1473.7 PC Motion to Vacate a Criminal Conviction HOW TO VACATE A CONVICTION – CALIFORNIA PENAL CODE 1473.7 PC…

City of San Jose v. Superior Court (Ted Smith) Releasing Private Text/Phone Records of Government  Employees City of San Jose v. Superior Court (Ted Smith) Opinion Summary Petitioner requested disclosure…