New CA Tort Case
- Too Busy To Keep Up With the New CA Civil Case Law?
- Need to Know the Important New Civil Case Decisions in Your Practice Areas?
Torts
The issue of tort duty is constantly evolving in California. Last month, the Second District Court of Appeal published a new decision addressing whether a residence for the disabled owes a duty under tort law to protect residents from potential harm from contractors used by the residence. In the video above I briefly discuss this new case. Below is my summary of the case.
New Tort Decision
Doe v. Brightstar Residential Incorporated (2022) _ Cal.App.5th _ , 2022 WL 714127: The Court of App...
New CA Arbitration Decision
- Too Busy To Keep Up With the New CA Civil Case Law?
- Need to Know the Important New Civil Case Decisions in Your Practice Areas?
Arbitration
In UIM arbitrations the trial court, not the arbitrator, decides discovery issues. Last month, in a case of first impression, the First District Court of Appeal published a new decision addressing whether a party in a UIM arbitration can appeal a discovery ruling after the trial court confirms the arbitration award. In the video above I briefly discuss this new case. Below is my summary of the case.
New Arbitration Decision
State Farm Mutual Automobile Ins. Co. v. Robinson (2022) _ ...
New Ca Supreme Court Torts Case
- Too Busy To Keep Up With the New CA Civil Case Law?
- Need to Know the Important New Civil Case Decisions in Your Practice Areas?
Torts
The issue of tort duty is constantly evolving in California. Last month, the California Supreme Court published a new decision addressing whether a lender owes a borrower a duty under tort law when responding to a request for a loan modification. In the video above I briefly discuss this new case. Below is my summary of the case.
New Torts Decision
Sheen v. Wells Fargo Bank (2022) _ Cal.5th _ , 2022 WL 664722: The California Supreme Court affirmed the trial court's order sustaining defend...
New Ca Supreme Court Evidence Case
- Too Busy To Keep Up With the New CA Civil Case Law?
- Need to Know the Important New Civil Case Decisions in Your Practice Areas?
Evidence
A question that can arise during trial is whether a party can use a discovery deposition, taken in an earlier action, under the hearsay exception in Evidence Code section 1291(a)(2). Last month, the California Supreme Court published a new decision addressing this issue. In the video above I briefly discuss this new case. Below is my summary of the case.
New Evidence Decision
Berroteran v. Superior Court (2022) _ Cal.5th _ , 2022 WL 664719: The California Supreme Court reversed the Cou...
New Torts Case
- Too Busy To Keep Up With the New CA Civil Case Law?
- Should You Know the Important New Civil Case Decisions in Your Practice Areas?
Torts
There are many immunities that can derail a plaintiff's tort case, and the recreational immunity is one of them. Last month, the Second District Court of Appeal published a new decision addressing whether a jogger who was training for a half-marathon was engaged in a recreational purpose. In the video above I briefly discuss this new case. Below is my summary of the case.
New Tort Decision
Rucker v. WINCAL, LLC (2022) _ Cal.App.5th _ , 2022 WL 336718: The Court of Appeal affirmed the trial court's o...
New Probate Case
- Too Busy To Keep Up With the New CA Civil Case Law?
- Should You Know the Important New Civil Case Decisions in Your Practice Areas?
Probate
In probate actions a common issue facing the courts is whether an amendment to a revocable trust was valid. Last month, the First District Court of Appeal published a new decision addressing whether an amendment to a revocable trust was valid when it was not acknowledged by a notary public. In the video above I briefly discuss this new case. Below is my summary of this new case.
New Probate Decision
Balistreri v. Balistreri (2022) _ Cal.App.5th _ , 2022 WL 557745: The Court of Appeal affirmed the ...
New Employment - PAGA Case
- Too Busy To Keep Up With the New CA Civil Case Law?
- Should You Know the Important New Civil Case Decisions in Your Practice Areas?
Employment
Actions under the Private Attorneys General Act (PAGA; Labor Code, section 2698) are regularly addressed in the new published civil cases. Last month, the Second District Court of Appeal published a new decision addressing whether a party bringing a PAGA claim is entitled to a jury trial. In the video above I briefly discuss this new case. Below is my summary of this new case.
New Employment Decision
LaFace v. Ralphs Grocery Co. (2022) _ Cal.App.5th _ , 2022 WL 498847: The Court of Appeal affir...
New Arbitration Decision
- Are You Too Busy To Keep Up With the New CA Civil Case Law?
- Do You Need to Know the Important New Civil Case Decisions in Your Practice Areas?
Arbitration
Arbitration, and whether it can be compelled, is constantly addressed in the new published case law. Last month, the Fifth District Court of Appeal published a new decision addressing this issue. In the video above I briefly discuss this new case. Below is my summary of this new case.
New Arbitration Decision
Eminence Healthcare, Inc. v. Centuri Health Ventures, LLC (2022) _ Cal.App.5th _ , 2022 WL 321011: The Court of Appeal affirmed the trial court's order partially denying defen...
New California Supreme Court Medical Malpractice Decision
The Medical Injury Compensation Reform Act, commonly known as MICRA, has been on the books in California since 1975. One of its provisions limits non-economic damage awards to a maximum of $250,000. You'd think that California courts would have determined all of the possible MICRA issues, but that's not the case. Just last month, the California Supreme Court issued a new decision regarding MICRA that I discuss in the video above.
California courts are constantly publishing new civil case decisions. Last year in 2021, the California Supreme Court published 22 new civil or family law decisions and the Court of Appeal published 483 new civil or family law decisions, for a total of 505 new civil or family law cases!
While you don't need to read new case decisions outside of your civil practice area, it's clear that there are lots of new case decisions each year that you need to know about to keep current in your practice areas.
I help California lawyers easily keep up with the new c...
New Employment Law Case from the California Supreme Court
I help California lawyers easily keep up with the new case law in their practice areas by publishing California Case Summaries™.
Below is a free sample of a new case summary from the newly published issue of my publication California Case Summaries Monthly™, with summaries of the 43 new California civil and family law cases published in January of 2022.
California Supreme Court
Employment
Lawson v. PPG Architectural Finishes, Inc. (2022) _ Cal.5th _ , 2022 WL 244731: The California Supreme Court, answering a question posed by the Ninth Circuit Court of Appeals, determined the proper method for presenting and evaluating a claim of whistleblower retaliation under Labor Code section 1102.5. Once an employee-whistleblower establishes by a preponderance of the evidence that retaliation was a contributing factor in the employee’s termination, demotion, or other adverse action, the employer then bears the burden of demonstrating by clear and convincing evidence that it would have taken th...