(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) The legislature, in codifying the discovery rule, has also required plaintiffs to pursue their claims diligently by making accrual of a cause…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) It is also well settled that misconduct has often taken the form of improper argument to the jury, such as by urging…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) Request For Sanctions California Code of Civil procedure Section 2023 provides for monetary sanctions where there is a failure to respond to…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) A camera is not the same as the human eye, and film is not the same as the retina of the eye.…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) DEFENDANTS ARE NOT PREJUDICED IF THE TRIAL COURT GRANTS PLAINTIFF’S MOTION TO AMEND ACCORDING TO PROOF AT TRIAL. In exercising its broad…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.) The Complaint Properly Explains the Basis for Tolling (Due to Delayed Discovery) and Should be Allowed to Proceed. The delayed discovery rule…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) In Granville v. Parsons, supra, the action before the jury involved only one defendant. In his opening statement counsel for the defendant…
The following blog entry is written from a defendant’s position during pre-trial litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in a medical malpractice case present such issues to the court. (Please note: the names and locations of all parties have been…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury/personal injury case and its proceedings.) University’s Assertion Of Boilerplate Objections Is Without Basis In Greg Mannino v. Superior Court (1983) 142 Cal.App.3d 776, petitioner filed a personal…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) Section 1152 of the Evidence Code provides in pertinent part, (a) Evidence that a person has, in compromise … furnished … money…