In California, You Can’t Amend Your Way Out of a Defective Debt Collection Lawsuit

Horst Legal CounselBusiness Litigation

If your business buys, sells, or collects charged-off consumer debt in California, there’s a habit worth breaking. When a collection complaint goes out with the wrong paperwork attached, the instinct is to amend it, swap in the right documents, and move on. But a new decision from the Court of Appeal says that instinct won’t protect you. The defect is …

San Francisco Litigated a Water Rate Class Action for a Year, Then Won by Showing It Was Filed the Wrong Way

Horst Legal CounselAppellate Law, Real Estate Law

If your company is thinking about challenging a rate or fee that a city or public agency just imposed, you’re probably focused on the merits. Is the charge too high? Does it fold in costs it shouldn’t? Those are the questions that eventually win a case. But in California there’s a threshold question that can end the fight before a …

Cities Can No Longer Bury Your Local Tax Refund in Red Tape

Horst Legal CounselAppellate Law, Business Litigation

If your business pays a tax to a California city and believes the city got the number wrong, you’d expect a straight path to challenge it. For years, some cities made that path anything but straight. They stacked their own refund procedures on top of the state’s claim rules, so a company seeking a local tax refund had to move …

You Don’t Owe Your Customers a Safer Product You Haven’t Finished Building

Horst Legal CounselAppellate Law, Business Litigation

Every company that makes a product makes bets: what to build next, how fast to develop it, when to launch. Plaintiffs’ lawyers found a way to turn those bets into a lawsuit. The theory was simple. Don’t argue the product you sold was defective. Argue that you should have released a safer alternative sooner, and that the delay is what …

You Won the Lawsuit. That Doesn’t Mean You’ve Collected a Dime.

Horst Legal CounselAppellate Law, Business Litigation

Summary Winning a lawsuit is only half the job. If the company or person that owes you money has no assets, the judgment can be close to worthless on its own. A recent California Court of Appeal decision, 8451 Melrose Property, LLC v. Akhtarzad, gives businesses another way to collect, letting a court add new parties to a judgment after …

This Litigation Shortcut Could Cost You Your Right to Appeal

Horst Legal CounselAppellate Law, Business Litigation

Summary When your business files a lawsuit, an early ruling from the judge can change the entire course of the case. If that ruling goes against you, it may be tempting to look for the fastest way to get in front of the Court of Appeal. A recent California Supreme Court decision shows why one shortcut, voluntarily dismissing your case …