Litigation
Cal. Litig. 2021, Volume 34, Number 2
Content
- EDITOR'S FOREWORD PPP = POST-Pandemic Planning
- FROM THE SECTION CHAIR The Best Is Yet to Come
- Jury Trials in the COVID-19 Era: The Importance of a Predetermined Trial Plan
- Masthead
- Navigating the Adversary Proceeding in Bankruptcy for General Litigators
- Recovering Attorney Fees in Arbitration
- Remedies for the Courthouse Flu: How to Get Your Civil Case Tried During the COVID-19 Crisis
- Revisiting California's No-Citation Rule
- Sheppard Mullin and Beyond: Advance Waivers, Disclosures, and Arbitration Agreements
- Table of Contents
- The CAA v. The FAA: The Dangerous Differences
- The Future of the Virtual Courthouse
- The Once and Future Office Market: A Tale of Complexity and Change for Lawyers
- Two #MeToos — A Pair of Book Reviews: "She Said" & "Catch and Kill"
- How to Strike the Answer of a Non-Participating Defendant
How to Strike the Answer of a Non-Participating Defendant
By Alex J. Behar and Paul A. Traina
Alex J. Behar is a trial lawyer at Panish Shea & Boyle, focusing on litigating catastrophic personal injury, products liability, and wrongful death cases.
Paul A. Traina is a trial lawyer at Panish Shea & Boyle, focusing on complex personal injury, wrongful death, and product defect cases.
A "non-participating defendant" is a person who appears in an action by filing an answer, and is represented by counsel, but does not otherwise engage in the litigation. Non-participating defendant situations often occur in motor vehicle collision cases, but may also arise in breach of contract, family or estate litigation, or premises liability actions in which a defendant, for whatever reason, has little or no incentive to participate. This could be, for example, someone who borrows or rents a car and is then in an accident, a former employee whose conduct causes injury, or a former manager of a property where someone was injured due to a dangerous condition.