Issue By: Leeh DiBello Manuel Nava v. Saddleback Memorial Medical Center, et al. Court of Appeal, Fourth Appellate District (October 18, 2016) Recently, in Flores v. Presbyterian Intercommunity Hospital (2016) 63 Cal.4th 75, the California Supreme Court held that Code of Civil Procedure § 340.5’s one-year statute of limitations for professional medical care negligence applied…

Issue By: David L. Blinn Christie Hjelm, et al. v. Prometheus Real Estate Group, Inc. Court of Appeal, First Appellate District (October 5, 2016) Civil Code § 1942.4 provides for attorneys’ fees in an unlawful detainer action in conjunction with a tenant’s affirmative defense arguing as to habitability in certain very specific situations. In addition,…

Issue By: Eric C. Fonferek Sassa Minnegren v. Joshua B. Nozar Court of Appeal, Second Appellate District (October 24, 2016) In auto collision cases, the law establishes “that every mistake of judgment is not negligence, for mistakes are made even in the exercise of ordinary care, and whether such mistakes constitute negligence, is a question…

Issue By: David L. Blinn Kirk Anderson v. Fitness International, LLC Court of Appeal, Second District (October 27, 2016) The general rule in California is that all persons are responsible “for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property ….

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