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Faster than a Speeding Bullet! More Powerful than a Locomotive!

It’s a Super-visor? By Stephan P. Hyun, Esq. It is well understood that supervisors and managers have strong influences on a given company and its employees.  Their authority can appear to reign supreme, and accordingly, the law imposes certain liabilities that acknowledge this disparity in power. Let us imagine for a moment that there is […]

Defendants Be Warned – Make Sure Litigation Costs are Included in the Settlement Agreement

Maureen DeSaulles v. Community Hospital Of the Monterey Peninsula (March 10, 2016) Supreme Court of California 62 Cal.4th 1140 By Chris H. Lawler, Esq. The recent California Supreme Court decision of DeSaulles v. Community Hospital shows that defendants who settle should be diligent in their preparation of settlement agreements and make sure to include costs […]

HOMEOWNER’S BEWARE – AN UNLICENSED CONTRACTOR MAY BE YOUR EMPLOYEE!

BLACKWELL v. VASILAS – 4th District, Div. 1 (January 26, 2016) By Mirth I. White, Esq.     The case of Blackwell v. Vasilas serves as an important reminder to a homeowner to make sure that they hire a licensed contractor because if an unlicensed  contractor  injures a third party, the homeowner is presumed to be […]

WITNESSES CAN TESTIFY AT TRIAL IF THE OTHER PARTY NEVER ASKED ABOUT THEM IN DISCOVERY

By Mark I Melo, Esq. In Mitchell v. Superior Court (decided December 4, 2015), the 2nd District Court of Appeal allowed a plaintiff to present witnesses whose only purpose was to describe plaintiff’s injuries.  This was allowed because the defendant never asked for information about those witnesses prior to trial. Plaintiff Karla Mitchell and defendant […]

Money, Guns and Medicine —

 By Barry A. Bradley, Esq. and Thomas P. Gmelich, Esq. California’s Governor Jerry Brown signed 807 New Laws for 2016.  Below are just a few highlights that might be of interest, whether you live here or not. Equal Pay       Senate Bill SB 358, known as the Fair Pay Act, seeks to close the gap […]

HOW MUCH TIME MAY AN INSURER TAKE TO EVALUATE ITS DEFENSE OBLIGATIONS? PERHAPS NO TIME IF A RESPONSIVE PLEADING IS DUE

By Robert A. Crook, Esq.     As those working in the legal field know, the old adage that “timing is everything” has special importance when evaluating insurance claims made by first-party insureds.  Of course, claims representatives and attorneys find themselves in a particularly difficult predicament where they are tasked with timely assessing thousands of claims […]

DON’T LIEN ON ME – Court of Appeal Delivers a Blow to Civil Defendants in Personal Injury Cases Where Plaintiff’s Medical Providers Sell Their Liens to Factoring Companies as a Discount

By:  Timothy A. Hodge, Esq. The landmark case of Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, held, quite simply, that evidence of the amount billed for treatment of a plaintiff was not admissible where the care provider accepted a lesser amount in full payment.  What is admissible as evidence of “reasonable […]

ONE FOR ALL: New Ruling Regarding Joint § 998 Offers

By Sterling Henderson, Esq. In California, the parties to a lawsuit are always encouraged to consider pretrial settlement in an effort to avoid the time and expense of trial, and a number of tools exist to bring litigants to the bargaining table.  One such tool is codified under California Code of Civil Procedure Section 998 […]

Office Party’s Over–Too Much Sauce Costs The Boss

by Laura M. LeFeuvre, Esq.   Of course you have all seen an employee have a little too much fun at the office party, but it’s no trouble for the employer right? Wrong! Employers who host social events should be aware of potential liability, both as a social host and as an employer. Social Host: […]

California’s New Paid Sick Leave Law is Sure to Give Employers A Headache!

Starting July 1, 2015, California workers began earning mandatory paid sick leave for the first time in California history. The Healthy Workplace Healthy Family Act of 2014 (AB 1522) guarantees up to 3 days of paid sick leave for all California employees who work for 30 or more days within a year of becoming employed. […]

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