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Civil Pretrial Practice

Civil Pretrial Practice. Case Evaluation and Client Retention. CACI - Series 3900 Damages Two Categories: (1) Compensatory & (2) Punitive. Introduction to Damages Compensatory Damages - Economic and Noneconomic.

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Civil Pretrial Practice

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  1. Civil Pretrial Practice Case Evaluation and Client Retention

  2. CACI - Series 3900 DamagesTwo Categories: (1) Compensatory & (2) Punitive

  3. Introduction to DamagesCompensatory Damages - Economic and Noneconomic “Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.” CCP § 3281.

  4. Compensatory DamagesItems of Economic (Special) Damages

  5. Compensatory DamagesCalculating Future Economic Damages

  6. Compensatory DamagesItems of Noneconomic (General) Damages

  7. Compensatory DamagesGeneral Rules/Guidelines

  8. Compensatory DamagesGeneral Rules/Guidelines (Cont.)

  9. Punitive Damages “In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” CCP § 3294(a).

  10. Lukas Reiter vs. Richard McKyton This lawsuit arises from allegations by Lukas Reiter that Richard McKyton sent a memorandum to members of a law firm alleging that Reiter was committing adultery and further alleging that McKyton orally made the same allegation at a firm meeting. The lawsuit contains two causes of action: (1) Libel; and (2) Slander. McKyton has admitted to writing the memo and making the statements and has asserted two affirmative defenses, both of which he alleges are complete defenses: (1) The memorandum and oral statements are true; and (2) as a partner in the law firm, McKyton had a qualified privilege to inform law firm partners of Reiter’s activities.

  11. Lukas Reiter vs. Richard McKyton CACI - 1704 Defamation per se—Essential Factual Elements (Private Figure—Matter of Private Concern)

  12. Lukas Reiter vs. Richard McKytonClient Intake Interviews Plaintiff/Client: Lukas Reiter Defendant/Client: Richard McKyton

  13. Lukas Reiter vs. Richard McKyton Memorandum to Supervisor re: Case Evaluation

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