(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment/personal injury case and its proceedings.) NATURE OF THE CASE The plaintiff is seeking damages for the injury of the first cause of action for discrimination in hiring.…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) POINT AND AUTHORITIES Defendant Has the Burden of Persuasion That There Is No Triable Issue of Material Fact, and That He Is…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.) LIABILITY Liability is clear. During the course of the cholecystectomy and the subsequent treatment by the defendants in this matter, plaintiff sustained…
The following blog entry is written from a defendant’s position as trial approaches. 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 of all parties have been changed…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this trip and fall/personal injury case and its proceedings.) Plaintiff Judy Brown’s Memorandum of Points and Authorities in Opposition to Defendant Universal Mall’s Motion for Summary Judgment STATEMENT OF FACTS…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this slip and fall/personal injury case and its proceedings.) Defendant ABC Hotel’s Trial Brief INTRODUCTION Plaintiff was talking to her friend and admittedly not paying attention to where she was…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/medical malpractice case and its proceedings.) In Mock v. Mich. Millers Mut. Ins. Co. (1992) 4 Cal.App.4th 306, 328, an insurance bad faith case, the court said the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this vehicle accident/medical malpractice case and its proceedings.) Paragraph 32 explicitly asserts that the negligence of the defendants, therefore including John Black, was the legal and proximate cause of harm…
The following blog entry is written from a defendant’s position as trial approaches. 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 of all parties have been changed…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this vehicle accident/medical malpractice case and its proceedings.) PLAINTIFF DID NOT INTEND TO INCLUDE NON-PHYSICIAN JOHN BLACK AS A DEFENDANT IN THE MEDICAL MALPRACTICE CAUSE OF ACTION, AND DO NOT…