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…

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,…

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…

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…

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…

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…

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…

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…

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…

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

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.

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…

This article looks at problems of standing that arise when stepchildren are statutory claimants.

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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.,…

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…

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…

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…

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…