(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.) Plaintiffs Do Not Need to Show that Defendant Intended to Injure Sean Black In Order to Recover Punitive Damages By describing the subject…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.) LEGAL ARGUMENT A Triable Issue of Material Fact Exists as to Whether Defendant Hill Acted with Malice, Oppression, and Willful and Conscious Disregard…
The following blog entry is written to illustrate a common motion filed during the early stages of civil litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court. (Please note: the names and locations…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.) FACTUAL SUMMARY William Hill has difficulty controlling his anger. (See, Plaintiffs’ Separate Statement of Undisputed Material Facts) Many of his friends have told…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.) Plaintiffs’ Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication INTRODUCTION Sean Black is suing defendants William Hill (“Hill”) and…
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.) U.S. Supreme Court Standard Wainright v Witt, (1985) 496 US 412 held the standard for exercising a challenge for cause is whether…
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.) Scope of Requested Voir Dire The scope of questioning has to accomplish the goal of a “fair and impartial jury” in this…
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.) Plaintiff’s Trial Brief on Jury Voir Dire: Personal Injury Case California Law Provides for the Intelligent Exercise of Peremptory Challenges Plaintiff, Hank…
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.) Officer Smith’s Traffic Collision Report Should Be Excluded Vehicle Code §20013 sets forth the rule regarding the admissibility of police reports. It…
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident case and its proceedings.) Likewise, in the present case, any conclusions reached by the police officer who investigated the accident should not be allowed by this…