By Eric Ganci
In California, we have types of primary assumption of the risk: Primary and Secondary.
I’ll deal with Secondary Assumption of the Risk first, which is when Defendant still owes a duty of care, but Plaintiff knowingly encounters the risks attendant on Defendant’s breach of duty.
By Eric Ganci
Can a landowner be liable for a dangerous condition on her property, if she hires an independent contractor and one of those workers is injured on the landowner’s property?
By Eric Ganci
Ah, this is a trick question. As the answer usually in the law is “it depends.” But let me give you some law then explain how this 2022 case Paige v.
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).
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.
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.
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?
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.’”
