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A lawyer representing both the Insurance Company and the Defendant Driver: is that unethical? Simonyan v. Nationwide decision

By Eric Ganci

Picture this: you are driving and cause a car crash (Defendant’s usually call it a car accident, but accidents imply no person is at fault). Let’s say this Defendant Driver feels bad and wants to use her insurance to pay for the car crash…but her Insurance Company does not want to pay…does that create a conflict of interest between the Attorney that represents both the Insurance Company (as a company) and the Defendant Driver (as a person)?

May 19 is Bike to Work Day – A discussion on bike safety

By Eric Ganci

May 19, 2022, SANDAG (The San Diego Association of Governments) is holding the annual Bike to Work Day, as part of Bike Month.

Per SANDAG “Bike to Work Day is a nationally recognized event, celebrated locally on the third Thursday in May.

Does the Berroteran II decision affect how we should notice depositions of parties to our case?

May 9, 2022 Blog

March 7, 2022, the California Supreme Court decided Berroteran II v. Superior Court, cited as 12 Cal.5th 867.

The holding is important, but particular as it relates to whether a party can use a deposition of a party who is unavailable for trial, per California Evidence Code 1291(a)(2).

Is A Police Report Admissible As Evidence in a Civil Trial?

March 30, 2022 Blog,Head/Brain Injury

By, Eric Ganci

If there is a car accident or crash, you are injured from that crash, and there is a police report of the crash: can that police report or traffic collision report come into a civil trial as evidence?

Is the “you can answer if you know” objection proper?

By Eric Ganci

Before I write this: a shout out to my colleagues with Casey Gerry, Trial Lawyers College San Diego Local Group, and Consumer Attorneys of San Diego. These people helped me geek out on this topic and gave solid insight.

USA Waste-Management Resources, LLC Data Breach

March 7, 2022 Blog,Data Breaches

USA Waste-Management Resources, LLC (“Waste Management Resources”) has reported a data breach that occurred on January 21, 2021.

According to the notice sent out to those impacted, an unauthorized party gained access to the company systems between January 21 and 23, 2021.

When can you file a demand to settle against the other party?

March 2, 2022 Automobile Accidents,Blog

By Eric Ganci

Timing is such a crucial part of life. Yes, a very broad, very general statement. But it connects with everyone.

Let me narrow it down a touch: timing can be crucial when serving a demand to settle against another party.

Can a Judge award CCP 1032 costs against a losing party even if the Party did not use the costed materials?

February 25, 2022 Blog

by Eric Ganci

First, a little background to set up the discussion regarding this January 13, 2022 California Supreme Court decision Segal v. ASICS, cited as 12 Cal.5th 651.

In California, if you file a lawsuit against another party, if the case does not resolve, the case may go to trial.