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Eric Ganci

How can Primary Assumption of the Risk apply when there are multiple Defendants, with one Defendant acting intentionally to hurt Plaintiff? Nigel B. v. Burbank Unified School District

March 4, 2024 Blog,Eric Ganci

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. 

re Privette and exceptions, Gonzalez v. Mathis, Blalock v. DMP 250 Newport Center, LLC

February 13, 2024 Blog,Eric Ganci

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?  

Can you use scientific articles to cross examine the opposing expert at trial? Paige v. Safeway, Inc.

January 30, 2024 Blog,Eric Ganci

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.

What does it take to prove someone’s negligence was a “substantial factor” in causing your harm per California law? Bebe v. Wonderful Pistachios & Almonds LLC

November 14, 2023 Blog,California Laws,Eric Ganci

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).

Does Design Immunity Shield Public Entities from Warning of Roadway Hazards? Insights from Tansavatdi v. City of Rancho Palos Verdes

November 8, 2023 Blog,California Laws,Eric Ganci

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.  

Deciphering Neuropsychological Tests: A Spotlight on Transparency in TBI Claims in California – Randy’s Trucking INC

September 25, 2023 Blog,California Laws,Eric Ganci

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.

Can you claim Negligent Infliction of Emotional Distress (NIED) even if you’re not physically at the scene of Incident? Downey v. City of Riverside   

September 12, 2023 Blog,California Laws,Eric Ganci

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?  

Can you set a preference trial in California, to be heard sooner? Pabla v. Superior Court (Dual Arch International)

August 28, 2023 Blog,California Laws,Eric Ganci

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.’”