Dedicated to the pursuit of justice

Eric Ganci

Can an electronic scooter company be liable for scooters laying around? Hacala v. Bird Rides, Inc. 

By: Eric Ganci

We’ve seen this: a messy sidewalk, littered by electronic scooters. Whether they are scooter versions from Bird, Lyft, Uber, or some other company, the scooter craze swept through San Diego and many other Cities…to help in part with traffic and ease of commuting…but to also bring the ability for scooter riders to leave scooters laying around sidewalks, streets, yards, etc.  

More Factors to Consider with the Privette Doctrine: Degala v. John Stewart Company, filed 1/27/23 

By Eric Ganci

I recently blogged on the March 2023 case decision Marin et al. v. Department of Transportation, which discusses the Privette Doctrine. A case held about a month prior, Degala v.

Workplace Injury Liability: Insights from Marin v. DOT & Privette Doctrine

By Eric Ganci

If you’re an employee of an independent contractor and are injured on the job, can you sue the general contractor or hirer? A recent case (Marin v. DOT) offers some insight:  

Let me lay out a set of facts, then get into the law.

Case of first impression regarding California Evidence Code 721: Paige v. Safeway, Inc

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.  

Thai v. Richmond City Center, L.P.: Establishing Precedent for Motion to Compel Deadlines in Subpoenaed Consumer Records

By Eric Ganci

A case of first impression: firming up law for deadlines to file a motion to compel after you subpoena records from a consumer not a party in the suit, and that consumer objects to producing your subpoenaed documents.

Does Emailing a Motion Extend the Deadline for Service? Cole v. Superior Court (Zeiner)

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.

From Smalley, More Thoughts and Law About CCP 998 Offers

February 23, 2023 Blog,California Laws,Eric Ganci

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.

In an MSJ, Show Your Expert Work, Not Just Expert Conclusions – Fajardo v. Dailey

By Eric Ganci

Fajardo v. Dailey filed 10/14/22

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.’”