The Letter of The Law: November 2015

IN THIS ISSUE: Requests for Admission- A Back Door to Recovery of Attorney’s Fees in Personal Injury Cases, When Howell V. Hamilton Meats & Provisions, Inc. (“Howell”) Meets the Uninsured Plaintiff

Orange County Piece Rate Attorneys

Piece Rate employees are paid by the specific tasks they complete rather than on an hourly or salary basis, although mixed hourly and production bonus plans are legally permissible.

Let it Fall! – Court of Appeals Precludes Recovery of Preventive Costs under Standard Homeowners Insurance Policy

In Grebow v. Mercury Insurance, published on October 23, 2015, the Court of Appeals rejected a homeowners’ claim that an implied duty to reimburse costs incurred by the homeowner to prevent an insurable loss is imposed on a homeowners’ insurance carrier.

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.

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.

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.

“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).

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.

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

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.
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