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 …

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 …

Your AI Policy Won’t Save You If Nobody Reads the Output

Horst Legal CounselAI & Legal Ethics, Business Litigation

A California Court of Appeal sanctioned an attorney $1,500 and forwarded its opinion to the State Bar after his brief quoted cases that do not exist, quotations generated by AI and never verified. The lawyer had an AI policy requiring human review. The court held the policy itself was not enough, because it never put a competent person on the …