In a recent opinion, the California Court of Appeal addressed whether a small claims action precludes further litigation of issues before a trial court. While policy reasons support a finding of issue preclusion, the court here stated that only when it can be determined the same issues were actually litigated…
In a recent case before the California Court of Appeal, the court reviewed a jury verdict in a personal injury lawsuit stemming from a car accident. In this case, the court found the evidence supported the verdict, particularly the finding of comparative fault on behalf of the driver. Since the plaintiff…
Recently, the California Court of Appeal addressed the issue of forum, or the place of jurisdiction where a lawsuit involving an underlying car accident would be held. In this opinion, the issue was whether the lawsuit should be heard in Arkansas, the location of the accident, or California, where the insured individuals…
The California Court of Appeal issued a recent opinion holding that a waiver of liability did not violate public policy when it was signed in consideration for room and board, and spiritual support for substance abuse. The court examined the benefits of upholding the waiver, particularly for organizations that provide help…
In a recent case, the California Supreme Court clarified an issue central to public agency tort defense. A public entity may be liable for dangerous conditions on public property, including roads, but design immunity, an affirmative defense, can shield them. The agency must demonstrate three requirements: a causal relationship between the…
In a recent California Court of Appeal opinion, the court addressed the issue of cost recovery on behalf of a cross-defendant in an underlying car accident lawsuit. The court analyzed the law providing that a prevailing party in an action may recover costs as a matter of right. In addition,…
The California Court of Appeal addressed a complication arising from a statute providing the government with compensation after paying for the medical treatment of tort victims. Government Code section 23004.1 gives counties a right of action against the tortfeasor, as well as a lien against judgments secured by the injured person against the tortfeasor.…
In a California Court of Appeal case, the court addressed a personal injury lawsuit stemming from a motor vehicle accident. Having brought claims of negligence, strict products liability, and breach of warranties, the couple suing the car manufacturer appealed the decision of the lower court to deny their exclusion of evidence…
In a recent case, the California Court of Appeal addressed whether the City of San Francisco properly placed a lien on settlement proceeds for the recovery of medical care costs provided to an injured victim of an accident. The City paid for the victim’s medical care when he was hit…
In a recent case before the California Court of Appeal, the court addressed whether the trial court properly excluded witness testimony in support of a car accident victim. An evidence sanction was imposed upon the plaintiff for failing to divulge the witness information in response to discovery requests. The court…