California Laws

By Eric Ganci

Below is some food and/or law for thought about using “reliable authorities” to get helpful article/treatise language in as evidence through cross examination–either through trial or setting it up in depos, to then use in trial.  

By Eric Ganci

By Eric Ganci

Filed 12/30/22

In civil lawsuits, deadlines can make or break a case. It’s a mentality of live by the sword, die by the sword. …and I guess I should explain the sword in this scenario is deadlines.

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

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.’”