New California Torts Case

Can the date of a childhood sexual assault be amended after the complaint is filed?

The Court of Appeal decided this issue last month. Here is my one-paragraph case summary from my online publication California Case Summaries™: 

S.C. v. Doe 1 (2025) _ Cal.App.5th _ , 2025 WL 2945697: The Court of Appeal reversed the trial court’s order denying plaintiff’s motion for leave to amend her complaint alleging childhood sexual assault, and it’s order granting defendant’s motion for summary judgment. Plaintiff originally alleged that the sexual assault occurred in 1981 when she was in foster care. Once her counsel received her juvenile record, it was clear that plaintiff was first placed in foster care in 1984. The trial court denied plaintiff’s motion for leave to amend her complaint and granted summary judgment for Doe 1, concluding that the complaint could not be amended under Code of Civil Procedure former section 340.1 because of its certificate-of-merit require...

In the newest episode of Trial Alchemy™ I interview ABOTA member and outstanding defense trial lawyer Steve Pasarow, Esq. about what works, and what doesn't work in civil jury trials. Watch or listen today to learn from a civil jury trial expert!   
 

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Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, ...

New California Court of Appeal Case

Do you want to be sanctioned $10,000 and reported to the State Bar? Just file a brief with AI-generated fake case citations.  

Last month, the Court of Appeal issued a stern warning to all California attorneys about submitting fake AI-generated case citations in their briefs: 

Noland v. Land of the Free, L.P. (2025) __ Cal.App.5th __, 2025 WL 2629868: The Court of Appeal affirmed the trial court’s summary judgment for defendants in plaintiff’s action alleging numerous employment-related claims. The trial court properly found there were no triable issues, concluding plaintiff was an independent contractor not entitled to wage and hour protections, that she was not owed commissions, and that she failed to show adverse employment actions or emotional distress damages. Court of Appeal observed that this case was, in most respects, unremarkable and would not generally be published. However, it issued a published opinion and sanctioned plaintiff’s counsel...

The newest episode of Trial Alchemy™ is Part 2 of my interview ABOTA member and outstanding plaintiff trial lawyer Skip Babitt, Esq. about what works, and what doesn't work in civil jury trials. Listen today to learn from a civil jury trial expert!   
 

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To listen to this and all episodes on Spotify, click here.
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Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case...

New CA Supreme Court Arbitration Case

Does Ruiz v. Podolsky (2010) 50 Cal.4th 838 apply and require arbitration of
wrongful-death claims premised on custodial neglect in skilled nursing facilities?

California Supreme Court decided this important issue on August 14, 2025:

Holland v. Silverscreen Healthcare, Inc. (2025) __ Cal.5th __, 2025 WL 2349863: The California Supreme Court reversed the Court of Appeal’s decision that had ordered the plaintiff parents’ wrongful-death claim to arbitration under MICRA Code of Civil Procedure section 1295 and Ruiz v. Podolsky (2010) 50 Cal.4th 838 (Ruiz), concluding that the claim sounded in professional negligence (and, alternatively, lacked sufficient specificity). The California Supreme Court disagreed, concluding that Ruiz applies only to medical-malpractice disputes about the rendering of medical services, not to wrongful-death claims premised on custodial neglect in skilled nursing facilities, and it remanded the case to permit plaintiffs to am...

In the newest episode of Trial Alchemy™, I interview ABOTA member and outstanding plaintiff trial lawyer Skip Babbitt, Esq. about what works, and what doesn't work in civil jury trials. Listen today to learn from a civil jury trial expert!   
 

Click here to listen to complete podcast.
To listen to this and earlier episodes on Spotify, click here.
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Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case,...

New CA Employment/PAGA Case

Can a plaintiff bring a PAGA representative action if they have dismissed their individual claims?

Last month, the California Court of Appeal decided this important issue:

CRST Expedited, Inc. v. Super. Ct. (2025) __ Cal.App.5th __, 2025 WL 1874891: The Court of Appeal denied the employer defendant’s petition for writ of mandate seeking to overturn the trial court’s order denying defendant’s motion for judgment on the pleadings in plaintiff’s PAGA action alleging no individual claims, but only claims on behalf of other employees. The issue was whether Labor Code section 2699 authorizes an aggrieved employee to bring a lawsuit that seeks to recover civil penalties imposed for Labor Code violations suffered only by other employees. After plaintiff dismissed his individual claims, because they had been ordered to arbitration, defendant moved for judgment on the pleadings arguing that plaintiff could not bring PAGA claims for violations suffered only by other e...

n the newest episode of Trial Alchemy™, I interview 2025 National ABOTA President and outstanding defense trial lawyer Jennifer Haltom Doan, Esq. about what works, and what doesn't work in civil jury trials. Listen today to learn from a civil jury trial expert!   
 

Click here to listen to complete podcast.
To listen to this and earlier episodes on Spotify, click here.
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Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To dis...

New CA Settlement Case

Can a derivative action be settled without
express trial court approval?

Last month, the California Court of Appeal decided this important issue:

Norman v. Strateman et al. (2025) __ Cal.App.5th __, 2025 WL 1718303: The Court of Appeal reversed the trial court’s order granting defendants’ motion to enforce a settlement agreement and its order denying plaintiff’s motion to set aside a settlement agreement. After defendants closed Intersango, a start-up cryptocurrency exchange, plaintiff filed a derivative action alleging numerous causes of action against defendants. Defendants later filed a derivative cross-complaint against plaintiff. Before trial the parties entered into a settlement agreement and put it on the record before a settlement judge, not the trial judge. Neither the settlement judge nor the trial judge expressly approved the settlement of the case. When the parties later filed their motions to set aside and enforce the settlement, the trial judge gran...

In the newest episode of Trial Alchemy™, I do something different. Less than half-way through this year in 2025 we've seen an unprecedented number of events that have impacted and created challenges to the Rule of Law that is a key fundamental foundation underlying our democracy in the United States. In this episode I have a wide-ranging discussion with Jennifer Haltom Doan, Esq., the 2025 National President of the American Board of Trial Advocates, about the Rule of Law. Thanks for listening!

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Click here to listen to complete podcast.
To listen to this episode and earlier episodes on Spotify, click here.
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Civil Trial Services

I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real propert...