Congratulations to Lanak & Hanna veteran trial attorney, Mac W. Cabal, for conducting the firm’s first-ever “virtual” trial, obtaining a complete victory for the client. Lanak & Hanna represented the Plaintiff and Cross-Defendant, a security and fire alarm company. The Defendant and Cross-Complainant adverse party is an investment holding company that owns and operates a daycare center. The dispute centered around the services provided and the amounts due under a term contract. Following a trial featuring nine witnesses, more than half of whom were out-of-state, the court issued a decisive decision in favor of Lanak & Hanna’s client. The court ruled for the client, awarding virtually all of the damages sought, and dismissed all of the adverse parties’ cross-claims in their entirety. Mr. Cabal will next be filing a post-judgment motion seeking reimbursement for all attorney’s fees, costs, and prejudgment interest incurred by the client.
The trial was unique in the manner upon which it was conducted. Due to the COVID-19 pandemic, the Judicial Council adopted Emergency Rule 3 of 23 the California Rules of Court, which expressly permits courts to “require that judicial proceedings and court operations be conducted remotely.” [(Emergency Rule 3(a)(1 ).] Thus, the court elected to conduct trial virtually through the use of WebEx. The trial was live-streamed for all to see through the court’s web portal. Although all of the witnesses appeared remotely, they testified under oath and were shown exhibits through the WebEx platform with the judge issuing rulings throughout the virtual proceeding. In addition, counsel made opening statements and closing arguments from their respective laptop computers. In sum, the entire trial proceeding was conducted virtually due to the COVID-19 pandemic. Although the proceeding was remote, the results were real.
Lanak & Hanna remains committed to zealous advocacy, experienced trial practice, and advancing its clients’ interests no matter the obstacles presented, even in the midst of a pandemic. This case was no different with Attorney Cabal deftly navigating the digital domain and ultimately obtaining a complete victory on behalf of the client.
For more information on this please contact Senior Counsel Mac Cabal, [email protected].
The information contained in this post has been prepared by Lanak & Hanna, P.C. for educational and informational purposes only. It does not constitute legal advice, nor does it substitute for legal advice.
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