In Lopez v. American Medical Response West (2023) Cal.Rptr.3d (2023 WL 2518511), the California Court of Appeal, First Appellate District, affirmed a lower holding that the one-year statute of limitations under professional...more
On September 21, 2022, the Los Angeles County Superior Court announced that it would start a gradual shutdown of the Personal Injury Hub, currently located at the Spring Street Courthouse. This closure will see the return of...more
Zannini v. Liker (2022) 74 Cal.App.5th 610 -
In 2015, appellant and plaintiff Ronald Zannini began experiencing weakness in his left arm. He ultimately consulted with defendant neurosurgeon, Dr. Mark Liker, who performed...more
In Flores v. Liu (2021) __ Cal.App.5th __ (2021 WL 282302), the California Court of Appeal, Second Appellate District, held that a physician may be liable for negligently recommending a course of treatment in two situations,...more
On September 18, Gov. Gavin Newsom approved Senate Bill 1146, codifying current COVID-19 Emergency Rules of Court 11 and 12 as California Code of Civil Procedure Sections 2025.310 and 1010.6, respectively, and establishing an...more
In an ongoing effort to increase cooperation and meet the changing face of litigation, members of the California Legislature have proposed several new or amended rules to update the Discovery Act. On January 1, 2020, five of...more
In Licudine v. Cedars-Sinai Medical Center, No. B286350, the Court of Appeal, Second Appellate District, Division Two, recently held that there are three factors especially pertinent to determine whether a Statutory Offer to...more
In Padda v. Superior Court (GI Excellence), No. E070522, the Court of Appeal, Fourth Appellate District, Division Two, recently held that a trial court abused its discretion in denying Defendants/Cross-Complainants’ request...more
In Stewart v. Superior Court, No. E067316, the Court of Appeal, Fourth Appellate District, Division Two, recently held that a hospital’s failure to obtain informed consent from the patient or the patient’s guardian prior to...more
In Johnson v. Open Door Community Health Centers, No. A143992, the Court of Appeal, First Appellate District, Division Four, recently held that MICRA did not apply where a patient who was attempting to exit a clinic after the...more
In Baker v. Italian Maple Holdings, No. D069797, the Court of Appeal, Fourth Appellate District, Division One, recently held that an arbitration agreement was enforceable upon its execution and the fact that one signatory...more
In Cross v. Superior Court of Los Angeles County, No. B277600, the Court of Appeal, Second Appellate District, Division Five recently held that (1) the psychotherapist-patient privilege does not protect the subpoenaed records...more
Nava v. Saddleback Memorial Medical Center, et al. is the latest in a line of cases regarding the definition of professional negligence in matters involving health care providers and the applicable statute of limitations. The...more
On October 18, 2016, in Nava v. Saddleback Memorial Medical Center, et al. (Case No. G052218), the Fourth Appellate District, Division Three, published one of the first appellate court Opinions to address the recent...more
On September 1, 2016, the Ninth Circuit held that, where both federal and state law claims are at issue, the federal law of privilege applies to mediation negotiations. In re: TFT-LCD (Flat Panel) Antitrust Litigation, Sony...more
The Court of Appeal in Borrayo v. Avery, A143765 (San Francisco County Super. Ct. No. CGC12525769) recently held that a physician licensed to practice medicine in Mexico was qualified to provide an opinion about the standard...more
In Winn v. Pioneer Medical Group, (May 19, 2016, S211793), the California Supreme Court held that a claim of neglect under the Elder Abuse Act requires a caretaking or custodial relationship wherein the defendant has assumed...more
In Catherine Flores v. Presbyterian Intercommunity Hospital, the Supreme Court of California held that a claim for negligence in the maintenance of equipment and care needed to implement the doctor’s order concerning her...more
In Mirsad Hajro and James R. Mayock v. United States Citizenship and Immigration Services, et al. (collectively, “USCIS”), 2016 S.O.S. 11-17948, The Ninth US Circuit Court of Appeals held that it had jurisdiction to review...more
In Uspenskaya v. Meline (filed October 28, 2015), the California Court of Appeal for the Third District held that evidence of payments made by a medical lien holder offered to prove the reasonable value of medical services...more
11/3/2015
/ Admissible Evidence ,
Appeals ,
Car Accident ,
Evidence ,
Fair Valuation ,
MedFin ,
Medical Expenses ,
Medical Liens ,
Negligence ,
Third-Party ,
Uninsured and Under-Insured Motorists
A COMPLETE TRIAL RECORD is essential to presenting an effective appeal because appellate courts have no independent means of obtaining knowledge of the cases brought before them for review. The California court of appeal...more
In Lattimore v. Dickey (2015 S.O.S. 4448 – filed August 21, 2015), the California Court of Appeal for the Sixth District held that plaintiff’s expert physician’s declaration was insufficient to create a triable issue of...more
California is generally regarded as providing broad leeway for non-retained experts to testify on a range of matters. Several recent decisions, however, have narrowed the scope of permissible testimony for non-retained...more
On January 23, 2015, the Court of Appeal published its opinion in Harb v. City of Bakersfield, et al., a case regarding an incident that occurred almost a decade ago. The opinion clarified how juries can be instructed in...more
In Coastal Surgical Institute v. Blevins (B254787, filed 1/12/15) the California Court of Appeal, Second Appellate District, held that the tolling provisions of Insurance Code section 11583 apply to the one-year limitations...more