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 birth injury/medical malpractice case and its proceedings.) PLAINTIFF HAS PRESENTED HIS EXPERT DECLARATION WHICH DISPUTES THE DEFENDANT’S EXPERT’S CONCLUSIONS – AND THIS DISPUTE REQUIRES DENIAL OF THE SUMMARY JUDGMENT…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace discrimination/personal injury case and its proceedings.) It has long been the rule that in ruling upon a motion for new trial on the ground of insufficiency of evidence,…
(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.) Here, Allen may bring a civil action under section 15656 of the Welfare and Institutions Code. In Laczko v. Jules Meyers, Inc.…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident/personal injury case and its proceedings.) COURTS DISCUSSING LIEN RIGHTS HAVE IMPROPERLY ERODED THE COLLATERAL SOURCE RULE While it appears uniform that under the collateral source rule a…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace discrimination/personal injury case and its proceedings.) PLAINTIFF IS ENTITLED TO A NEW TRIAL BASED ON INSUFFICIENCY OF THE EVIDENCE TO JUSTIFY THE VERDICT IN THIS WORKPLACE DISCRIMINATION CASE…
(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.) Here, Allen alleges that defendants were responsible for his custodial care due to his physical and mental disabilities. He further alleges that…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident/personal injury case and its proceedings.) California’s Legislature has recognized the collateral source rule by carving very limited exceptions to that rule which are meaningful only if the…
(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.) Allen has properly alleged wrongful misconduct on the part of an officer, director, or managing agent of defendant. The Cal. Welf. and…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident/personal injury case and its proceedings.) THE COLLATERAL SOURCE RULE IS UNQUESTIONABLY THE CONTROLLING LAW IN CALIFORNIA The collateral source doctrine has been the rule in California since…