Last month, the Second District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my one-paragraph case summary below.
New CA Civil Procedure Case
Vargas v. Gallizzi (2023) _ Cal.App.5th _ , 2023 WL 6781376: The Court of Appeal affirmed in part, and reversed in part, the trial court’s post-trial orders, following a jury trial in a personal injury case where the jury awarded plaintiffs $15,125 in damages. The trial court denied plaintiffs’ request for $350,000 in attorney fees and costs pursuant to Code of Civil Procedure section 2033.420 based on defendant’s failure to admit requests for admission regarding the medical records, a timeline of treatment, and causation, and awarded defendant...
In Podcast #4 of Trial Alchemy™, I interviewed ABOTA member and outstanding defense lawyer Douglas DeGrave, Esq. of Orange County. Click on the video above to hear Doug discuss his advice to young trial lawyers: you are adversaries, not enemies.
Click here to listen to complete podcast. To listen to the podcast on Spotify, click here.
Do well and be well.
Stay safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™: Trial training & associate training
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]
Last month, the Fifth District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my one-paragraph case summary below.
New CA Employment Case
Cruz v. City of Merced (2023) _ Cal.App.5th _ , 2023 WL 5949217: The Court of Appeal reversed in part, and affirmed in part, the trial court’s order denying petitioner’s challenge to the decision of the City Manager of respondent to terminate petitioner from the police force, even though the personnel board (Board) had determined, in an appeal of petitioner’s initial termination, that respondent failed to show petitioner had submitted a false police report or had conducted an illegal search, but concluded that petitioner was not truthful in explaining certain details concerning the search and recommended that petitioner be demoted without backpay instead of...
In Podcast #3 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff's lawyer Cynthia Chihak, Esq. of San Diego. Click on the video above to hear Cindy discuss her advice to young trial lawyers: try your case when the defense won't make a fair settlement offer.
Click here to listen to complete podcast. To listen to the podcast on Spotify, click here.
Do well and be well.
Stay safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™: Trial training & associate training
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]
Last month, the Second District Court of Appeal published a new decision addressing this issue. To find out what they decided, watch the video and read my one-paragraph case summary below.
New CA Torts Case
Safechuck v. MJJ Productions, Inc. (2023) _ Cal.App.5th _ , 2023 WL 5317832: The Court of Appeal reversed the trial court’s order sustaining defendants’ demurrer, without leave to amend, in a case alleging sexual molestation of a minor by Michael Jackson and reversed the trial court’s order granting defendants’ motion for summary judgment in another similar sexual molestation case involving Jackson. The trial court concluded that the two corporations, wholly owned by the Jackson, did not have a duty to protect plaintiffs from sexual abuse Jackson is alleged to have inflicted on them for many years while they were...
In Episode #2 of Trial Alchemy™, I interviewed ABOTA member and outstanding defense lawyer Alan K. Brubaker, Esq. of San Diego. Click on the video above to hear Alan discuss the importance of credibility in a jury trial.
Click here to listen to the complete podcast episode.
Until my next blog post, stay safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Civil Trial Attorney
Master Lawyer Mentoring™
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]
Last month, the California Supreme Court published a new decision addressing this issue. To find out what they decided, watch the video and read my one-paragraph case summary below.
New CA Employment Case
Kuciemba v. Victory Woodworks, Inc. (2023) _ Cal.5th _ , 2023 WL 4360826: Answering two questions of California law certified from the United States Court of Appeals for the Ninth Circuit concerning the scope of an employer’s liability when an employee’s spouse is injured by transmission of the virus that causes the disease known as COVID-19, the California Supreme Court ruled that if an employee contracts COVID-19 at the workplace and brings the virus home to a spouse, the California Workers’ Compensation Act (WCA; Lab. Code, § 3200 et seq.) does not bar the spouse’s negligence claim against the employer. However, it also ruled that an employer does not...
Last month, the California Supreme Court published a new decision addressing this issue. To find out what they decided, watch the video and read my case summary below.
New CA Code of Civil Procedure/Torts Decision
L.A. Unified School Dist. v. Superior Court of Los Angeles County (2023) 14 Cal.5th 758: The California Supreme Court affirmed the Court of Appeal’s decision, and concluded that Code of Civil Procedure section 340.1 (b)(1), which allows the recovery of treble damages when a plaintiff suing in tort for childhood sexual assault proves that the assault was as the result of a cover up, cannot be awarded against a public entity because they are prohibited by Government Code section 818 which specifies that a public entity may not be held liable in tort for damages imposed primarily for the sake of example and by way of punishing the defendant. (June 1,...
In Podcast #1 of Masters in Trial™, I interviewed ABOTA member and outstanding plaintiff lawyer Craig R. McClellan, Esq. of San Diego. Click on the video above to hear Craig discuss the use of focus groups to prepare for trial.
Click here to listen to complete podcast.
Until my next blog post, stay safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Master Lawyer Mentoring™
Civil Trial Attorney
Mediator, Arbitrator & Referee
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]
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