Law Updates

(Fed/State Med Mal Law Conflict) When state’s affidavit-of-merit requirement for medical malpractice actions conflicted with federal rules regulating the same civil procedure, federal rules prevailed. Supreme Court of the United...

(Incarcerated Plaintiff) Because courts must ensure that all litigants have their day in court, trial court abused its discretion in not ensuring that incarcerated plaintiff had meaningful access to court....

(Evidence) Hearsay testimony from a previous deposition could not be used to raise a triable issue of material fact at the summary judgment stage because it was inadmissible at trial....

(LPS Act) Employee’s willful disclosure of confidential Welfare and Institutions Code section 5150 record to plaintiff’s relative despite knowing she lacked entitlement required awarding of treble damages under section 5330....

(Motion for Summary Judgment) Timely motion for summary judgment must be heard regardless of local court rules or calendaring issues. CFP BDA, LLC v. Superior Court of Riverside County (Peter...

(Liability Waiver) Waiver releasing Oakland from liability during charity bike-ride was against public policy to the extent it released the City for negligently violating its statutory duty to maintain public...

(Judicial Behavior) Judge’s erroneous and prejudicial evidentiary rulings-coupled with “bizarre,” irrelevant personal musings about society and race-warranted a new trial. Sabrena Odom v. Los Angeles Community College District (No. B327997...

(Use of Privileged Communication) Trial court did not abuse its discretion in disqualifying attorney who received a privileged communication from opposing counsel, refused to destroy it, and shared it with...

(Statutory Offer to Compromise) Code of Civil Procedure Section 998 limits only prejudgment costs and fees-not costs and fees incurred to enforce a judgment. Caesar Elmi v. Related Management Company,...

(Statutory Offer to Compromise) Disagreeing with Gorobets v. Jaguar Land Rover North America, simultaneous 998 offers to the same party may be valid to shift costs. Maritza Zavala v. Hyundai...