Jan 08 by Ralph L. Jacobson
When representing claimants seeking damages for wrongful death pursuant to California’s statutory scheme (Code Civ. Proc. § 377.60), counsel for a decedent’s heirs must consider as well whether…
Read More Oct 06 by Ralph L. Jacobson
In California, the right to sue for the wrongful death of another is a statutory right, not one that arises from common law. “Because it is a creature of statute,…
Read More Sep 10 by Ralph L. Jacobson
Among the issues unresolved since the introduction of underinsured motorist coverage in California by the 1984 passage of Ins C 11580.1(p) is the computation of the award by…
Read More Jul 20 by Ralph L. Jacobson
A pedestrian walking on a sidewalk in a shopping center is struck by a runaway vehicle attempting to park in the center’s parking lot. The driver mistakenly hit…
Read More May 01 by Ralph L. Jacobson
In California wrongful death litigation, today we take for granted that plaintiffs who are entitled to recover for the death of a relative under California Code of Civil…
Read More Aug 22 by Ralph L. Jacobson
When considering representation and suit as to a client’s losses arising from wrongful death in California, there are several initial issues to explore: is your client’s relationship to…
Read More May 25 by Ralph L. Jacobson
Most lawyers and their clients know that, under California law, a person can be compensated for the full amount of damages (medical expenses, lost earnings, compensation for pain…
Read More Apr 06 by Ralph L. Jacobson
It is clear that the object of romantic interest in the Beatles’ song never anticipated a self-driving (“autonomous”) car; but as that technology gets closer to becoming a…
Read More May 14 by Ralph L. Jacobson
Under California law, registered domestic partners are “two adults who have chosen to share one another’s lives in an intimate and committed relationship.”‘ The California Domestic Partner Rights…
Read More Apr 02 by Ralph L. Jacobson
One common attribute of the “gig economy,” particularly associated today with “high tech” companies, is the retaining entity’s (The Company’s) frequent reliance on a worker placed by an employment agency
Read More Jan 08 by Ralph L. Jacobson
A great deal of litigation, in California and elsewhere has surrounded the issue of whether ride-service drivers should be construed as employees (or agents) of their “platform,” thereby rendering the platform or service vicariously liable for a driver’s negligently caused vehicular accidents.
Read More Aug 10 by Ralph L. Jacobson
It is hard to think of any public safety issue that has received more attention over the last few years than the use of smartphones while driving…
Read More May 05 by Ralph L. Jacobson
This article looks at problems of standing that arise when stepchildren are statutory claimants.
Read More Dec 03 by Ralph L. Jacobson
A typical personal injury claim against an individual defendant resolves in one of two ways: (1) settlement with the defendant, or (more commonly) his or her insurer, either…
Read More Jul 11 by Ralph L. Jacobson
According to the Washington Post of July 11, 2016, although Pokemon Go (the latest summertime craze made by Niantic, Nintendo, and the Pokemon Company) was released just five…
Read More Jun 10 by Ralph L. Jacobson
A California contingent fee agreement typically means that you won’t pay your attorney unless and until they win your case successfully. Read more below: What is a Contingency…
Read More Feb 03 by Ralph L. Jacobson
As common law doctrines evolve, sometimes their rationale, and proper application, can get lost; that can be because of just one “less than thoughtful” reported appellate decision. One…
Read More Nov 12 by Ralph L. Jacobson
In motor vehicle personal injury or wrongful death cases where the responsible driver was allegedly intoxicated, the injured plaintiff may want to consider seeking an award of punitive…
Read More Aug 24 by Ralph L. Jacobson
California’s “primary assumption of the risk” doctrine was first set forth in Knight v. Jewett (1992) 3 Cal.4th 296. That case involved a plaintiff’s claim for personal injuries…
Read More Dec 12 by Ralph L. Jacobson
In California tort litigation arising from a wrongful death, the question often arises as to whether plaintiff claimants bear legal responsibility for the pre-death medical expenses of their…
Read More Dec 04 by Ralph L. Jacobson
Pursuant to Rule of Court 2.550(c) and its predecessor, California court records have long been “presumed to be open” to the public, absent exceptions for confidentiality required by…
Read More May 20 by Ralph L. Jacobson
It happens more than it should. Someone (here we will call her Ms. H.) invites some friends, maybe a lot of friends and maybe their friends as well,…
Read More Jan 30 by Ralph L. Jacobson
Almost two months after a jury verdict finding a public entity liable for decedent’s wrongful death, counsel for both sides finally agreed at a post-trial mediation, tentatively, to…
Read More Oct 30 by Ralph L. Jacobson
This article explores a problem of statutory interpretation that arises in California when divorced parents are entitled to wrongful death recovery for the death of their child: i.e.,…
Read More Sep 17 by Ralph L. Jacobson
Assume the following factual scenario: a serious car accident occurs, injuring the plaintiff. Just after the accident, the insured defendant called her husband and discussed, in detail, the…
Read More Aug 22 by Ralph L. Jacobson
Nobody said running a multi-million dollar professional sports franchise would be easy. On top of issues surrounding players’ criminal activities, and their alleged drug use improprieties, have come…
Read More Aug 19 by Ralph L. Jacobson
The Fair Employment and Housing Act (FEHA, Government Code Section 12940 et seq.) permits claims of sexual harassment, sex discrimination, racial discrimination, retaliation, and other related assertions. When…
Read More May 03 by Ralph L. Jacobson
by Ralph L. Jacobson and Kristin Lucey Originally Published in the San Francisco Daily Journal The Fair Employment and Housing Act (Government Code Section 12940 et seq.) permits…
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