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.
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.
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.
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.
By Eric Ganci
Fajardo v. Dailey filed 10/14/22In 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.’”
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.
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.
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.
