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Failed to Timely Post Jury Fees and Waived a Jury? California Supreme Court Clarifies Burden for Parties Seeking Relief From...

On February 26, 2024, the California Supreme Court issued an opinion in TriCoast Builders, Inc. v. Fonnegra (S273368), whereby the Court affirmed the judgment and determined the trial court did not abuse its discretion in...more

Court of Appeal Validates 998 Offer Holding That There is No Exception Under Section 998 for Intervening Changes in the Law

On February 27, 2024, the California Second District Court of Appeal issued an opinion in Jacob Ayers v. FCA US, LLC (B315884), in which it reversed the Los Angeles County Superior Court’s cost judgment following the...more

California Court of Appeal Reverses $3,000,000 Punitive Damages Award

On July 5, 2022, the California Court of Appeal, Second Appellate District (Los Angeles), issued an opinion in Willie McNeal, Jr. v. Whittaker, Clark & Daniels, Inc. (B313472, July 5, 2022) reversing $3,000,000 in punitive...more

Employer’s Inconsistent Application of Written Rest Break Policies Will Not Create Predominance of Individual Inquiries in Class...

On June 17, 2022, the California Court of Appeal, Second Appellate District, Division Three (Los Angeles), issued an opinion in Meza v. Pacific Bell Telephone Company (B317119, June 17, 2022) __ Cal.App.5th ___. In this...more

A Tale Of Two Jury Instructions: How The Failure To Stay Focused On The Big Picture Can Derail A Trial

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

Litigants May Introduce Deposition Testimony from Prior Cases Pursuant to Hearsay Exception

On March 7, 2022, the Supreme Court of California published a unanimous decision regarding the hearsay exception discussed in Evidence Code section 1291, subdivision (a)(2) (“section 1291(a)(2)”) concerning testimony taken in...more

California Court of Appeal Makes The “Safe Harbor” A Little Bit Safer

On February 24, 2022, in Broadcast Music, Inc. v. Currency Corp., (B304809, Feb. 24, 2022), the Court of Appeal, Second Appellate District, Division Two (Los Angeles), certified for publication a unanimous decision applying...more

Employees No Longer Need to Satisfy McDonnell Douglas Test for Whistleblower Retaliation Claims

The California Supreme Court issued an opinion in Lawson v. PPG Architectural Finishes, Inc. (S266001, Jan. 27, 2022), addressing the Ninth Circuit’s question of the proper method for presenting and evaluating a claim of...more

Strict Compliance of Public Entity’s Section 913 Notice of Rejection Required in Order to Apply the Six-Month Statute of...

On January 31, 2022, the Court of Appeal, Fourth District, Division One (San Diego), issued an opinion in Andrews v. Metropolitan Transit System (D0775500, Jan. 31, 2022), holding that the six-month statute of limitations did...more

The Cost of Overlooking Jury Fees

On January 21, 2022, the Court of Appeal, Second Appellate District, Division Two (Los Angeles), certified for publication a 2-1 decision that serves as an important reminder to California attorneys to post jury fees in a...more

1/27/2022  /  Appeals , Jury Trial , Jury Waivers

Plaintiffs Not Barred from Proving Causation in Slip and Fall Case, Even With No Witnesses and No Memory of Fall Itself

On January 19, 2022, the California Court of Appeal, Second Appellate District (Los Angeles), held that a plaintiff is not barred as a matter of law from proving causation in a slip and fall case if there were no witnesses to...more

Bench trials on appeal: top tips for preserving appellate issues

Los Angeles County Superior Court just announced its Bench Trial Pilot Program directed toward personal injury cases assigned to the PI Hub at Spring Street Courthouse, and it is not hard to see that this program may be the...more

The California Supreme Court Empowers Trial Courts To Take Sides Between Conflicting Published Court Of Appeal Opinions When...

In Administrative Order 2021-04-21, the California Supreme Court issued a standing order and made two very important changes to the impact of published Court of Appeal opinions it selects for review. Notably, neither change...more

Judgment Stemming from a Section 998 Offer Without a Written Acceptance Provision Is Void

In Mostafavi Law Group, APC v. Larry Rabineau, APC (B302344, Mar. 3, 2021), the California Court of Appeal, Second Appellate District (Los Angeles), addressed an issue of first impression: whether the purported acceptance of...more

Writs in the pandemic era of litigation

Most litigators know the value of an appeal. The case is over and the trial court has entered judgment, but the results are unsatisfying. Perhaps there was an erroneous jury instruction or some vital piece of evidence was...more

A Weighty Decision on Negligent Treatment Recommendations and Informed Consent

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

California Court of Appeal Vacates $30M Non-Economic Damages Award Due to Failure to Properly Apportion Liability and Attorney...

On January 20, 2021, the California Court of Appeal, Second District, Division Six (Ventura), in Plascencia v. Deese (B299142), vacated a $30 million non-economic damages award in a highway fatality case because: (1) the...more

California Supreme Court Confirms Equitable Remedies Under UCL and FAL Causes of Action Are Tried by the Court, Not the Jury

Yesterday, the California Supreme Court issued an opinion in Nationwide Biweekly Administration, Inc. v. Superior Court of Alameda County (S250047, April 30, 2020) (“Nationwide”) resolving the conflict in the Court of Appeal...more

Employer Required to Pay Out Unused Vacation Under an Unwritten, Unspecified and Purportedly Unlimited Paid Time Off Policy

On April 1, 2020, the California Court of Appeal, Second District (Los Angeles) in McPherson v. EF Intercultural Foundation, Inc. (B290869), addressed the issue of whether an employee’s right to paid time off (under an...more

California Supreme Court Holds that Employees Maintain Standing to Pursue a PAGA Claim After Settling Their Individual Labor Code...

On March 12, 2020, in addressing an issue of first impression, the California Supreme Court in Kim v. Reins International California, Inc. (S246911), held that employees do not lose standing to pursue a claim under the Labor...more

Court of Appeal Clarifies that Mandatory Relief Under CCP Section 473(b) Applies Only to Defaults, Default Judgments and...

In Shayan v. Spine Care and Orthopedic Physicians (Jan. 9, 2020, B293857), the Court of Appeal, Second District, Division Eight (Los Angeles), clarified that a motion for relief under the mandatory provision of Code of Civil...more

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