(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.) Plaintiffs Cannot Establish the Necessary Elements of Their Wrongful Death Cause of Action Against The, As All Treatment Was Within the Standard…
(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.) Elder Abuse Remedies The remedies available for elder abuse claims are listed in Welfare & Institutions Code § 15657, which states: Where…
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 wrongful death/elder abuse case and its proceedings.) Once defendant has shown in its moving papers that a valid defense to the action exists or that one or more elements…
(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.) CAUSATION MUST BE PROVEN TO A REASONABLE MEDICAL PROBABILITY One of the essential elements of plaintiff’s claim is causation. Assuming She is…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/automobile accident case and its proceedings.) Just before the collision, Black was traveling at a minimum of 58 miles per hour in a 35-miles-per- hour zone. By the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/birth injury case and its proceedings.) It is worth noting that situations similar to those described in this case could just as easily occur at any of the…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/personal injury case and its proceedings.) Showing the Defendants’ intent and motive is difficult. All courts have recognized that the question facing triers of fact in discrimination cases…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death/elder abuse case and its proceedings.) LAW AND ARGUMENT Applicable Standards for Granting Summary Adjudication The complaint frames the issues to be determined on summary judgment. (Varni Bros.…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/automobile accident case and its proceedings.) NATURE AND EXTENT OF PLAINTIFF’S DAMAGES SUMMARY OF PLAINTIFF’S MEDICAL TREATMENT Ms. Smith sought treatment with Lee Family Chiropractic on October 11,…