JD Supra

Code of Civil Procedure Section 998 Penalties Apply to Insurer that Defends Action in Name of Insured’s Estate Under Probate Code Section 550

In Meleski v. Estate of Hotlen (No. C080023, filed 11/29/18), a California appeals court held that an insurer is subject to the penalties for failure to accept a statutory offer to compromise under ...
JD Supra

Procedural Pitfalls in Code of Civil Procedure Section 860: Validation Actions a Trap for Unwary Litigants

Code of Civil Procedure sections 860 to 870 authorize a public agency or an interested private party to bring a “validation action” in superior court to determine the validity of certain public agency ...
LiveLaw

Order 21 CPC | Principle Of Res Judicata Not Applicable To Execution Proceedings: Orissa High Court

The Orissa High Court has recently held that the principle of res judicata, as provided under Section 11 of the Code of Civil ...
Lawyersclubindia

When Application for Rejection PLAINT can be filed?

IntroductionIn civil litigation, an application for rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), serves as a crucial preliminary objection. It can be filed ...
JSTOR Daily

Due Process and Civil Procedure, or How to Do Codes with Theories

Franco Cipriani’s historical research on the great authors of “scientific proceduralism” (Giuseppe Chiovenda, Francesco Carnelutti, and Piero Calamandrei) made it possible to elaborate a theory of the ...