(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.) ALLOWING TESTIMONY, WITHOUT PROPER FOUNDATION, AMOUNTED TO ERROR OF LAW [C.C.P. §657 subds. 1 and 7.1 The following witnesses were erroneously permitted…
(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.) Pursuant to Intrieri v. Superior Court, an Elder Abuse Cause of Action Cannot be Disposed of in the Pleading Phase Where There…
The following blog entry is written from a defendant’s position during the early stages of 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 of all parties…
(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.) THIS MOTION SEEKS TO EXCLUDE TESTIMONY WHICH WOULD MISELEAD THE JURY. THE VIEOS AND ANIMATIONS AND NIGHTTIME PHOTOGRAPHY THE DEFENSE AND THEIR…
(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.) Prior to this catastrophic car crash, Ella Lee, a mother and grandmother, had a functional life filled with the typical array of…
(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.) Contrary to defendant’s objection as stated in their Special Interrogatory Responses, these individuals were not identified in the medical records in the…
(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.) Prior to this catastrophic car crash, Ella Lee, a mother and grandmother, had a functional life filled with the typical array of…
(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.) The well-established standard for the trial court’s determination of sufficiency of the evidence was set forth by the California Supreme Court, In…
(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 FACTS IN A COMPLAINT MUST BE ACCEPTED AS TRUE FOR PURPOSES OF RULING ON A DEMURRER A demurrer can be used…
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…