Recently, the issue of sufficient pleadings to state a cause of action came before a California Court of Appeal. In an unpublished opinion, the court held that a plaintiff in a personal injury lawsuit alleging a dangerous condition of public property must show the specific facts that are necessary to the cause of…
In a recent opinion, a California appellate court held that the ordinary statute of limitations for negligence applied to negligence claims following a “garden variety” car accident, despite the fact that a paramedic supervisor had been driving toward an accident victim at the time of the collision. The court reviewed the…
In a recent opinion, a California Court of Appeal held in favor of a trial court order granting a motion for a new trial. The lower court determined that the plaintiffs were denied a fair trial by an “irregularity in the proceedings,” as defined by the California Code of Civil Procedure. The…
Recently, a California Court of Appeals addressed issues concerning the testimony of a defendant’s expert in a car accident lawsuit, and whether the special verdict form incorrectly submitted the issue of causation to the jury. Additionally, the plaintiff in this lawsuit alleged that the jury’s finding that there was no causation…
A car accident in Long Beach evolved into a lawsuit over whether a car insurer had satisfied the covenant of good faith and fair dealing on behalf of the defendant. The appellate court stated the rules regarding the implied covenant and the requirement that insurance companies must settle within policy…
Recently, the California Court of Appeal issued an opinion in a case regarding medical damages in a personal injury lawsuit arising from a car accident. The appellate court reviewed legal precedent involving proof of damages for both insured and uninsured plaintiffs. The issue on appeal in this case was whether…
Recently, the California Court of Appeals addressed the issue of sham pleading, specifically whether the plaintiffs in a personal injury lawsuit had run afoul of the requirement that all pleading be truthful. The court examined which facts were available to the plaintiffs at the time they filed their complaint. Since the facts were…
In a recent case before the California Court of Appeal, the court addressed whether a church exposed invitees to an unreasonable risk of injury when it located an overflow parking lot across a busy street without a marked crosswalk or traffic signal. In this case, the court reviewed the order…
Recently, a California Court of Appeal addressed whether a settlement agreement between an injured victim of a car accident and the responsible party’s insurer was valid. The injured plaintiff in this lawsuit suffered a traumatic brain injury, and she claimed that she did not consent to the settlement agreement entered into by…
In a case before the California Court of Appeal, the court reviewed the issue of causation in a personal injury lawsuit based on an underlying vehicle collision caused by a drunk driver. California law holds generally that social hosts who furnish alcohol to guests cannot be liable for injuries caused…