New CA Torts Case
New CA Tort Case
Can a plaintiff recover emotional distress damages under Dillon v. Legg if, at the
time of the car crash, she was not aware of the causal connection between
her daughter's injuries and the defendants' alleged negligence?
Last month, the California Supreme Court addressed this issue. Below is my one-paragraph summary of this new decision:
Downey v. City of Riverside (2024) _ Cal.5th _ , 2024 WL 3491142: The California Supreme Court reversed the Court of Appeal’s order affirming the trial court’s orders sustaining defendants’ demurrer, without leave to amend, to plaintiff’s complaint alleging negligence under Dillon v. Legg (1968) 68 Cal.2d 728 (Dillon). Plaintiff, the mother of daughter Jayde Downey, was giving driving directions to her daughter over a cell phone and heard the event when her daughter was severely injured in a car crash. The trial court, and later the Court of Appeal, concluded that plaintiff could...
Trial Alchemy™ podcast tip: Use the Opportunist argument in plaintiff auto PI cases
In Podcast #11 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff lawyer Eric Traut, Esq.
Click on the video above to hear Eric talk about the Opportunist argument that he makes in plaintiff auto PI cases.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
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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...
New CA PAGA Employment Case
New CA PAGA Employment Case
How much detail about other aggrieved employees must
a PAGA plaintiff include in the prelitigation notice?
Last month, the Second District Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:
Ibarra v. Chuy & Sons Labor, Inc. (2024) _ Cal.App.5th _ , 2024 WL 3037693: The Court of Appeal reversed the trial court’s order granting defendants’ motion for judgment on the pleadings in plaintiff’s action alleging a Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et seq.) on behalf of herself and other and all current and former non-exempt aggrieved employees of defendants in the State of California. The trial court granted the motion for judgment on the pleadings, concluding that plaintiff’s prelitigation notice to her employers and the Labor Workforce and Development Agency was deficient under Labor Code section 2699.3 because it did not clearly define the aggrieved...
Trial Alchemy™ podcast tip: Use 6th grade English!
In Podcast #9 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff lawyer Bill Shapiro. who will be the 2026 National President of the American Board of Trial Advocates.
Click on the video above to hear Bill talk about using 6th grade English to communicate effectively with your jury.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch the podcast on YouTube, click here.
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...
When an independent calendar judge sends a case to the "wheel" for trial, when must a peremptory challenge be filed re the new trial judge?
New CA Civil Procedure Case
When an independent calendar judge sends a case to the "wheel" for trial,
when must a peremptory challenge be filed re the new trial judge?
Last month, the Fourth District Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:
Lorch v. Superior Court of San Diego County (2024) _ Cal.App.5th _ , 2024 WL 2205292: The Court of Appeal granted a writ petition seeking to overturn the trial court’s order denying plaintiff’s Code of Civil Procedure section 170.6 peremptory challenge to Judge Timothy B. Taylor, the judge newly assigned to preside over the trial of her case. Judge Taylor ruled that the peremptory challenge was untimely under the master calendar rule, which requires a party to file a section 170.6 challenge to the judge supervising the master calendar not later than the time the cause is assigned for trial.” (§ 170.6(a)(2).) After denying the peremptory challenge and refusing to stay...
Trial Alchemy™ Podcast: Dominique Pollara, Esq. Counsel for the Defendant.tiff.
n Podcast Episode #10 of Trial Alchemy™, I interviewed ABOTA member and outstanding medical malpractice defense lawyer Dominique Pollara, Esq. of Sacramento. Listen today to learn from a trial expert.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch and listen to the podcast on YouTube, click here.
Do well and be well.
Best regards,
Monty A. McIntyre, Esq.
Business, Insurance Bad Faith, Real Property and Tort Litigation.
Master Lawyer Mentoring™: Trial training & associate training
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA attorney since 1980. ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]
Trial Alchemy™ Podcast: Discussing Damages in Final Argument
In Podcast #9 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff lawyer Bill Shapiro. who will be the 2026 National President of the American Board of Trial Advocates.
Click on the video above to hear Bill talk about how to discuss non-economic damages in your closing argument.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch the podcast on YouTube, click here.
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...
Trial Alchemy™ Podcast Tip: Credibility
In Podcast #8 of Trial Alchemy™, I interviewed ABOTA member and outstanding defense lawyer Steve Quattlebaum, the 2023 National President of the American Board of Trial Advocates.
Click on the video above to hear Steve talk about the importance of lawyer credibility.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch the podcast on YouTube, click here.
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...
Don't Add Settlement Terms When You Enforce A Settlement Under CCP 664.6!
New CA Settlement Case
Don't Add Settlement Tems When Enforcing a Settlement Under CCP 664.6!
Last month, the First District Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:
BTHHM Berkeley, LLC, et al. v. Johnston (2024) _ Cal.App.5th _ , 2024 WL 1336433: The Court of Appeal affirmed in part, and struck in part, the trial court’s order enforcing a settlement term sheet and entering judgment against defendant pursuant to Code of Civil Procedure section 664.6 (section 664.6). The Court of Appeal affirmed in part, concluding that the settlement term sheet was enforceable under section 664.6, the liquidated damages of $250,000 was not unreasonably out of proportion to the $2.2 million settlement, and defendant failed to show the liquidated damages provision was unreasonable under the circumstances as required by Civil Code section 1671(b). However, the trial court erred in awarding prejudgment interest. Section 664.6 authorizes a...
Trial Alchemy™ Podcast Tip: Juries After COVID
In Podcast #7 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff lawyer Ken Sigelman.
Click on the video above to hear Ken talk about how juries are acting after COVID.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch the podcast on YouTube, click here.
California Case Summaries™
Know the Law. Win More Cases.
California civil lawyers who know the new case law get a competitive advantage and win more cases.
But it's hard to know the new cases because California courts publish 500 new civil cases each year! Moreover, many of them significantly change the law!
The perfect solution is California Case Summaries™ with one-paragraph summaries, organized by legal topic, of every new CA civil case published throughout each year. Subscribers get monthly case...
