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California Laws

What does it take to prove someone’s negligence was a “substantial factor” in causing your harm per California law? Bebe v. Wonderful Pistachios & Almonds LLC

November 14, 2023 Blog,California Laws,Eric Ganci

By Eric Ganci

June 6, 2023 gave us this filed case Bebe v. Wonderful Pistachios & Almonds LLC, cited as of 6/14/23 as 2023 WL 3837260.  

The main discussion of the case is whether the Court improperly granted a motion for summary judgment in favor of Defendants (which the Court of Appeal held granting this MSJ in favor of Defense was wrong).

Does Design Immunity Shield Public Entities from Warning of Roadway Hazards? Insights from Tansavatdi v. City of Rancho Palos Verdes

November 8, 2023 Blog,California Laws,Eric Ganci

By Eric Ganci

Sometimes in the legal system, we have courts that disagree on how to read, understand, and interpret the law. I know, I know: it’s shocking to think lawyers and Judges may somehow find a way to disagree with each other.  

Deciphering Neuropsychological Tests: A Spotlight on Transparency in TBI Claims in California – Randy’s Trucking INC

September 25, 2023 Blog,California Laws,Eric Ganci

By Eric Ganci

In California civil litigation, if Plaintiff alleges a brain injury (TBI), many times Defense will hire a neuropsychologist as an expert to evaluate Plaintiff for the claimed injuries.

Can you claim Negligent Infliction of Emotional Distress (NIED) even if you’re not physically at the scene of Incident? Downey v. City of Riverside   

September 12, 2023 Blog,California Laws,Eric Ganci

By Eric Ganci

If you were “present” at an Incident caused to a direct Plaintiff, and suffer emotional distress but are not the direct Plaintiff, can you make a claim against the Defendant who caused the Incident against the direct Plaintiff?  

Can you set a preference trial in California, to be heard sooner? Pabla v. Superior Court (Dual Arch International)

August 28, 2023 Blog,California Laws,Eric Ganci

By Eric Ganci

In the California Civil Court system, California Code of Civil Procedure section 36 allows you to accelerate your litigation by setting a trial date sooner. The law considers these “preference trials” and states per CCP 36(a) “a superior court lacks discretion and ‘shall’ grant preference to a party over 70 years of age upon making a showing, ‘(1) [t]he party has a substantial interest in the action as a whole[, and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.’”

Can an electronic scooter company be liable for scooters laying around? Hacala v. Bird Rides, Inc. 

By: Eric Ganci

We’ve seen this: a messy sidewalk, littered by electronic scooters. Whether they are scooter versions from Bird, Lyft, Uber, or some other company, the scooter craze swept through San Diego and many other Cities…to help in part with traffic and ease of commuting…but to also bring the ability for scooter riders to leave scooters laying around sidewalks, streets, yards, etc.  

More Factors to Consider with the Privette Doctrine: Degala v. John Stewart Company, filed 1/27/23 

By Eric Ganci

I recently blogged on the March 2023 case decision Marin et al. v. Department of Transportation, which discusses the Privette Doctrine. A case held about a month prior, Degala v.

Workplace Injury Liability: Insights from Marin v. DOT & Privette Doctrine

By Eric Ganci

If you’re an employee of an independent contractor and are injured on the job, can you sue the general contractor or hirer? A recent case (Marin v. DOT) offers some insight:  

Let me lay out a set of facts, then get into the law.