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…

Share this:

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…

Share this:

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…

Share this:

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…

Share this:

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”)…

Share this:

© 2018 LOW, BALL & LYNCH | DISCLAIMER | PRIVACY

CONNECT WITH US: