September 2015 -

When Howell V. Hamilton Meats & Provisions, Inc. (“Howell”) Meets The Uninsured Plaintiff

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015, Superior Court Case No. 30-2012-00539759), the California Court of Appeal, Fourth Appellate District, Division Three, held that an uninsured plaintiff’s (no medical insurance) unpaid medical bills, substantiated by medical expert testimony regarding the reasonableness and necessity of the medical charges, were properly admitted and were sufficient evidence to support an award of damages.
September 2015 -

Requests for Admission – A Back Door to Recovery of Attorney’s Fees in Personal Injury Cases

Under California law, an award of attorney’s fees is typically not available to a prevailing party at trial. The most common exceptions to this rule are statutes authorizing recovery of attorney’s fees for particular actions and contracts authorizing recovery of attorney’s fees in breach of contract actions. However, in personal injury lawsuits, the loser typically does not pay the winner’s attorney’s fees.
July 2015 -

Discovery of Social Media Accounts in a Personal Injury Case

When defending a personal injury matter, it may sometimes be advantageous to obtain the social media activity generated by the Plaintiff. With today’s prevalence of social media, may users cannot help but publicize their activities on a daily basis.
July 2015 -

“My Boss Stresses Me Out” Is Not a Disability

Good news for employers - the court recently ruled that an employee's claimed inability to work under a supervisor because of anxiety and stress arising out of the supervisor’s standard oversight of job performance is not a disability recognized in California’s Fair Employment and Housing Act (FEHA).
July 2015 -

Employment – Related Bills Pending in California Legislature

It's that time again to take a look at just some of the employment-related bills that are pending in the California Legislature. Most employers are still reeling from the historic paid sick leave bill that became effective July 1, 2015. However, there are a few bills that are steadily making their way through the Assembly and Senate that bear review and monitoring.
June 2015 -

The Letter of The Law: June 2015

IN THIS ISSUE: Bankruptcy: Considering Filing A Chapter 7 Bankruptcy?, Construction Law: Entry of Judgment Pursuant to Terms of Stipulation for Settlement – Avoiding Pitfalls in the Use of CCP Sections 664.6 and 664.7, Personal Injury: Who and What Does Uninsured Motorist Provisions Cover
May 2015 -

Considering Filing a Chapter 7 Bankruptcy?

A chapter 7 bankruptcy is more commonly referred to as a “liquidation” or “straight” bankruptcy, meaning that an individual debtor’s assets will be liquidated by a court appointed trustee, and the proceeds, if any, will be used to pay off – pro rata – the debts owed to creditors.
May 2015 -

Entry of Judgment Pursuant to Terms of Stipulation for Settlement – Avoiding Pitfalls in the Use of CCP Sections 664.6 and 664.7

You have worked very hard to get a case ready for settlement or trial and the parties are now ready to settle the case in its entirety.
May 2015 -

Who and What Does Uninsured Motorist Provisions Cover

In Nevada, in determining as to whether a claim of injury is covered by the uninsured provision of an insurance policy depends on the interpretation of the uninsured provision.
April 2015 -

The Independent Contractor Versus Employee Debate “Lyfts” Itself to the Jury

On March 11, 2015, a California District Court held that whether or not Lyft drivers are legally employees rather than independent contractors will be decided by the jury. Cotter v. Lyft, Inc., CV13-04065 (N.D. Cal.)
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