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…

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”)…

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…

A residential builder must assert insufficiency of claimant’s notice within 14 days under the California Right to Repair Act also known as SB 800. Issue By: Sonia T. Ahmad William Blanchette, et al. v. The Superior Court of Imperial County California Court Of Appeals, Fourth Appellate District (February 10, 2017) The Right to Repair Act,…

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