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California Laws

From Smalley, More Thoughts and Law About CCP 998 Offers

February 23, 2023 Blog,California Laws,Eric Ganci

California Code of Civil Procedure 998 offers can seem straight forward. You make an offer to settle. And if you beat that offer at trial, then you can seek certain costs per CCP 998, which may include costs for expert witnesses.

Can a Jui-Jitsu Franchisee Be Liable When a Student is Injured in a Sparring Session? Pereda v. Atos Jui Jitsu, Part 2

February 21, 2023 Blog,California Laws

By Eric Ganci

I recently discussed the November 23, 2022 decision Pereda v. Atos Jui Jitsu, which right now is cited as 2022 WL 17174558. That blog focused on the principles of agency: actual agency and ostensible agency, and whether a franchisor can be liable for the negligence of a franchisee.

What is the Difference Between Actual Agency and Ostensible Agency? Part 1

February 3, 2023 Blog,California Laws

By Eric Ganci

If a business harms you, then the business may be liable for your injuries. However, this gets deeper if the business is a franchised business from another name.

Can You File a Lawsuit Using a Pseudonym and Not Your Real Name?

By Eric Ganci

Filing a lawsuit in California, or anywhere, requires big decisions. One decision may be if you file, you may need to put your actual name on file, for all the public to have access to.

In an MSJ, Show Your Expert Work, Not Just Expert Conclusions – Fajardo v. Dailey

By Eric Ganci

Fajardo v. Dailey filed 10/14/22

In civil law, Defendant can file a motion for summary judgment (an MSJ as we shorten it in the legal biz). I shan’t get deep into what is an MSJ or the law behind it, but at 30,000 feet the law is this: “A court may grant a motion for summary judgment ‘only when ‘all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’”

More Recent Case Law Re CCP 998 Offers: Council for Education v. Starbucks, 10/26/22

By Eric Ganci

We recently posted a blog about California Code of Civil Procedure (CCP) section 998 offers with the help of Martha Klak—a very talented, bright star of a law clerk at our office.

Do schools owe a duty to protect students from 3rd parties? Achay v. Huntington Beach Unified High School District

July 8, 2022 Blog,California Laws

By Eric Ganci

The facts of this 6/28/22 California Court of Appeals decision Achay v. Huntington Beach Unified High School District (cited as 2022 WL 2339171) are sad: a high school student attends track practice after regular school hours.

Discovery responses matter: Field v. U.S. Bank National Association

June 28, 2022 Blog,California Laws

By Eric Ganci

In civil litigation, Parties have the ability to serve (the fancy word is “to propound”) formal discovery questions on the other sides. One purpose of formal discovery is to focus the case to the issues which need litigation and to possibly sector-off issues which Parties may agree or admit.