Civility in litigation is important. Just because it is an adversarial system does not mean people need to be jerks, not grant requested extensions for discovery, or engage in scorched earth tactics. I have found that often the most civil attorneys are the ones to be wary of because they know the law and will […]
Civility in California Litigation Read More »
The case Karton v. Ari Design & Construction, Inc. (2021) 61 Cal.App.5th 734, addressed civility, among other issues. The plaintiff was an attorney who had a dispute with an unlicensed contractor. The contractor defendant owed the plaintiff $22,096, but Plaintiff’s judgment was for $133,792 because the defendant was unlicensed and had to pay penalties. The
Lack of civility can lead to lower attorney’s fee award Read More »
James Moore is a personal injury trial attorney. In the late 1600s, English judges served at the pleasure of the King and were often not impartial. English judges won independence from the Crown in the Act of Settlement 1701. Judges in the Colonies, however, still served at the pleasure of the King. King George III
A History of Juries Read More »
Bicycle injuries can be serious. Against a car, the car is going to win. Hopefully the biker has a helmet, but still is at risk for traumatic brain injury, broken bones, spine injuries, etc. The basic principles of negligence most likely apply: duty, breach, causation, and damages. Each of those elements is factually intensive. For
Bicycle Injury Attorney Read More »
California imposes limits on parental liability for the intentional torts of a minor. Intentional torts are claims such as assault, battery, intentional infliction of emotional distress, and intentional misrepresentation. Civil Code section 1714.1(a) provides that “any act of willful misconduct of a minor that results in injury…shall be imputed to the parent and … shall
Parental liability for a minor in California Read More »
Understanding dog bite law is important for evaluating dog bite cases. In California, Civil Code section 3342 creates strict liability for dog owners if the dog is in a public place or the person who was bit was lawfully on private property (except for policy and military dogs). There are other ways, however, that dog
Liability for Dogs Besides Strict Liability Read More »
Strict liability for dog bites in California greatly helps victims. James Moore is a dog bite attorney who represents injured people. But strict liability was not always the law. Previously, animal liability followed the common law (appellate law that evolved over time). Basically, an owner of an animal was not liable unless they knew of
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