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Plaintiff's Self-Serving Testimony Coupled with Purely Circumstantial Expert Testimony Held Sufficient to Defeat Summary Judgment

In Lyons v. Colgate-Palmolive Co. (filed October 19, 2017, A150567), the California Court of Appeal, First Appellate District, held that a plaintiff’s testimony regarding use of a particular manufacturer’s product, joined...more

California Court of Appeal Affirms Decision to Exclude Evidence of the Amount Paid by a Medical Financing Company to a Personal...

In Moore v. Mercer (filed October 21, 2016, C073064), the California Court of Appeal, Third Appellate District, ventured “down the rabbit hole into the upside-down world of health care billing” and held that evidence of the...more

Res Judicata: California Mandamus Claims Are Not Fundamentally Distinct From Federal Counterparts Under California’s Primary...

The age-old doctrine of res judicata is as strong as ever in California. In Franceschi v. Franchise Tax Board, et al. (B267719, filed July 8, 2016) the California Court of Appeal Second District, held that Ernest Franceschi’s...more

Plaintiff Precluded from Offering Expert Testimony in Opposition to Summary Judgment where Plaintiff Failed to Timely Designate...

In Perry v. Bakewell, (Filed 2/3/2016, No. B264027) the California Court of Appeal, Second District, held that Plaintiff’s expert witness declarations, filed in support of his opposition to defendant’s motion for summary...more

Deportee Subject to Personal Jurisdiction Under California’s Long-Arm Statute

In Buchanan v. Soto (Filed 11/6/2015, No. D065652), the Court of Appeal, Fourth District, held that a deportee who held an interest in real property within the State of California was subject to personal jurisdiction in...more

Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more

Court of Appeal Shines Light on Collusive Settlement Agreements

In Diamond v. Reshko, (filed 8/20/2015, No. A139251) the California Court of Appeal, First District, held that a defendant was entitled to introduce evidence at trial reflecting amounts paid by co-defendants in settlement of...more

CAUTION: Unreasonable Denials of Requests for Admission Can Prove Costly

In Grace v. Mansourian, (filed 8/17/2015, order published 9/15/2015, No. G049590) the Fourth District Court of Appeal held a defendant’s denials of plaintiff’s requests for admission were unjustified given the substantial...more

California Federal District Court Certifies Class of 160,000 Uber Drivers

In O’Connor v. Uber Technologies, Inc. (Filed 09/01/2015, No. C-13-3826 EMC), the United States District Court, Northern District of California, certified a class of approximately 160,000 current and former drivers of Uber in...more

Expert Testimony Admissible Under Sargon Despite Fact Expert Could Not Definitively Rule Out All Other Possible Causes of Injury

In Cooper v. Takeda Pharmaceuticals America, Inc., (filed 7/16/2015, published 8/13/2015, No. B250163) the California Court of Appeal, Second District, held a physician’s expert testimony attributing the defendant’s...more

E-mail and Telephone Call Held Sufficient to Justify Exercise of Personal Jurisdiction

In Moncrief v. Clark (H040098, filed July 21, 2015), the California Court of Appeal, Sixth District, held that an out-of-state attorney’s phone call and e-mail to a California attorney, pertaining to a deal between their...more

Re-Examining the Admissibility of Unpaid Medical Bills as Evidence

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015), the California Court of Appeal, Fourth District, held unpaid medical bills, joined with expert testimony regarding their reasonableness, were properly admitted and...more

Manufacturer of Asbestos-Free Product May Still Be Liable for Asbestos Related Injuries

In Sherman v. Hennessy Industries, Inc. (No. B252566, filed June 18, 2015), the Court of Appeal, Second District, reversed a trial court’s grant of summary judgment in favor of a manufacturer of a brake grinding machine. The...more

Court Rules Planned Development of Banning Ranch May Proceed

In Banning Ranch Conservancy v. City of Newport Beach (filed 5/20/2015, No. G049691), the California Court of Appeal, Fourth District, held the Environmental Impact Report prepared by the City of Newport Beach for the partial...more

Class Certification Provides a Second Bite at the Proverbial Apple for Removing Case to Federal Court

In Reyes v. Dollar Tree Stores, Inc. (Filed April 1, 2015, No. 15-55176) the United States Court of Appeals, Ninth Circuit, held the certification of a class triggers a new opportunity for a defendant to remove the matter to...more

California Restricts Principles of “General” Personal Jurisdiction

In BNSF Railway Company v. Superior Court (Kralovetz) (Filed 3/27/2015, No. B260798), the California Court of Appeal, Second District, held a Delaware railroad corporation, with its principal place of business in Texas, was...more

Laypersons’ Observations of Hospital Staff’s “Lack of Urgency” in Treating Relative Sufficient to Sustain Claim for Negligent...

In Keys v. Alta Bates Summit Medical Center (filed 2/23/2015, certified for publication 3/25/2015, No. A140038) the California Court of Appeal, First District, affirmed a jury verdict for Plaintiffs on a cause of action for...more

Oncology Expert’s Opinion Based on Plaintiff’s Family History and Personal Experience Properly Admitted in Wrongful Death Action

In Uriell v. Regents of UC (Filed 1/29/2015, Published 2/20/2015, No. D064098) the California Court of Appeal, Fourth Appellate District, held the testimony of an Oncology expert testifying in a wrongful death action was...more

ADA Requirements Pertaining to Wall Space Adjacent to Interior Doors Clarified

In Kohler v. Bed Bath & Beyond (No. 12-56727, filed February 19, 2015) the United States Court of Appeals for the Ninth Circuit affirmed a grant of summary judgment in favor of a department store related to the necessary...more

Expert Testimony in Indemnity Action Not Limited to Opinions Presented in Underlying Matter

In National Union Fire Insurance Co. of Pittsburgh Pa. v. Tokio Marine and Nichido Fire Insurance Co. (filed 2/4/2015, B24899 and B247258), the California Court of Appeal, Second District, held that the insurer of Costco...more

Client Alert: Premises Liability Claim Brought by Correctional Officer Not Precluded by Workers’ Compensation Law

In Wright v. State of California (No. A139034, filed 1/30/2015) the First District Court of Appeal held a state correctional officer, who lived on state owned property adjacent to his place of employment, was not precluded,...more

Client Alert: Disclosure of Plaintiff’s Status as Undocumented Alien to Prospective Jury Panel Grounds for Mistrial

In Velasquez v. Centrome, Inc. (No. B247080, filed 1/30/2015) the Court of Appeal, Second District, held that a trial judge’s disclosure to the panel of prospective jurors of plaintiff’s status as an undocumented alien was...more

Client Alert: First Responders May Not Assert Comparative Negligence of Plaintiff for Pre-Accident Conduct

In Harb v. City of Bakersfield (No. F066839, filed 1/23/2015), the California Court of Appeal, Fifth Appellate District, held that where a plaintiff is seeking damages only for aggravation or enhancement of an injury or...more

Client Alert: Michigan Insurance Company Not Subject to Personal Jurisdiction in California for Losses Suffered in Arkansas

In Greenwell v. Auto-Owners Ins. Co. (No. C074546, Filed 1/27/2015) (“Greenwell”), the California Court of Appeal, Third Appellate District, held a California resident could not establish specific personal jurisdiction over...more

Alleged Defamatory Facebook Post by Illinois Resident Insufficient to Create Specific Personal Jurisdiction in California

In Burdick v. Superior Court (Sanderson) (No. G049107, filed 1/14/2015), the California Court of Appeal, Fourth Appellate District, held an Illinois resident was not subject to specific personal jurisdiction in California...more

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