Defendants have no rights to compel a vocational rehabilitation examination in California, and will not have a right to do so without legislative intervention. Issue By: Charles S. Redfield Mohammed Haniff v. The Superior Court of Santa Clara County Court of Appeals, Sixth Appellate District (March 18, 2017) 9 Cal.App. 5th 191 When a personal…

Issue By: Catherine E. Golden Emanuele Secci v. United Independent Taxi Drivers, Inc. Court of Appeal, Second Appellate District 8 Cal.App.5th 846 (February 15, 2017) The California Court of Appeals reinstated a jury verdict of $335,000 after it concluded that there was no public regulation of the taxi cab industry that would shield the taxi…

The CA Court says that willfully cutting down your neighbor’s trees is a ‘treble’ thing for noneconomic damages if it annoys/disturbs your neighbor. Issue By: Leeh A. DiBello Jeanette E. Fulle v. Kaveh M. Kanani Court of Appeal, Second Appellate District (January 31, 2017) Cutting down your neighbor’s trees could be costly as non-economic damages…

Trail immunity will not protect against being hit by a stray golf ball, but it may provide certain parties with absolute immunity from resulting litigation. Issue By: Joshua K. Bart Miguel Leyva, et al. v. Crockett & Company, Inc. Court of Appeal, Fourth Appellate District (January 25, 2017) Under Government Code § 831.4, “trail immunity,”…

Purchasing optional liability coverage for employees’ foreseeable personal use of company vehicles can prevent your employees from being financially at risk. Issue By: David L. Blinn Insurance Coverage – Exclusion for Vehicles “Normally Made Available” Javier Medina v. Geico Indemnity Company Court of Appeals, Fifth Appellate District 213 Cal.Rptr.3d 502 (February 8, 2017) What coverage…

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