Issue By: James F. Regan Wilson Dante Perry v. Bakewell Hawthorne, LLC Supreme Court of California 2 Cal. 5th 536 (February 23, 2017) After a trial date is set, a party may demand a simultaneous exchange of expert witness information by all parties. (Code Civ. Proc. § 2034.210.) Unreasonable failure to respond makes the noncomplying…

April 2017, Marin County Superior Court. Plaintiff was a homeowner with a laundry list of complaints against his homeowners association, including alleged violations of the Davis-Stirling Common Interest Development Act and of the homeowners association’s CC&Rs (“covenants, conditions and restrictions”). Because the homeowners association is a nonprofit corporation and its directors are not compensated for…

Defendant prevails on summary judgment motion by objecting to expert declaration based on assumptions of fact without evidentiary support or on speculation Issue By: Elizabeth I. Stewart Sanchez v. Kern Emergency Medical Transportation Corporation COURT OF APPEAL, FIFTH APPELLATE DISTRICT (February 6, 2017) An expert opinion filed in opposition to a summary judgment must be…

Issue By: Vernice T. Louie J.M., a Minor, etc. v. Huntington Beach Union High School District Supreme Court of California 2 Cal.5th 648 (March 6, 2017) Government Code sections 810 et seq. (“The Act”) set forth the procedures and requirements for filing a suit against a public entity for a tort claim. The Act requires…

Issue By: Charles S. Redfield Jane Doe, a minor, v. United States Youth Soccer Association, Inc., et al. Court of Appeal, Sixth Appellate District (February 22, 2017) This case analyzed whether youth soccer organizations may be liable to a minor player as a result of a coach’s sexual abuse of the minor. Emanuele Fabrizio (“Fabrizio”)…

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