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.
Since November 2022, four lawsuits have been brought against the mega-tech company, Apple Inc. for the flagrant disregard of user privacy, and for misleading marketing practices.
Of the four, two are filed in the Northern District of California for expressly violating California’s privacy laws including the California Invasion Of Privacy Act and the Electronic Communications Privacy Act.
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.
CaseyGerry is investigating reports of malfunctioning halogen headlights in 2020 Kia Telluride Models.
Kia Telluride car owners reported that their headlights stopped working, or worked sometimes. The reports also indicated that once the headlights started to malfunction, the owners only recourse was to replace them at the cost of $3000.00.
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.
The law firm of CaseyGerry is representing plaintiffs in a lawsuit against Tesla for misleading marketing practices regarding the capabilities of their Advanced Driver Assistance Systems technology (ADAS).
The lawsuit, which was filed in September of 2022 alleges that Tesla misled customers on the true capabilities of their self-driving technology.
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.’”
