Articles written by this author:
The basic concepts of this somewhat obscure and often mystifying area of insurance law
2014 August
Plaintiffs seldom move for summary judgment but the defense sees it as a knockout round
2014 December
How the Ninth Circuit, in Garcia v. Pacificare, gutted California Health & Safety Code section 1367.18 — and how you can fix it
2015 August
[[case]]Bermudez v. Ciolek[[/case]] — Logical discussion of [[case]]Howell[[/case]] issues concerning proof of medical expenses for an uninsured client
2015 August
[[case]]U.S. v. Moser[[/case]] — Holds that the reasons relied on by the district judge to cut the prevailing party’s fee award constituted an abuse of discretion
2015 November
[[case]]Uspenskaya v. Meline[[/case]] — The amount a factoring company pays to purchase a medical lien is not evidence of the reasonable value of the debt
2015 December
Assumption of the risk: If you buy tickets to a haunted house, expect to be scared ([[case]]Griffin v. The Haunted Hotel[[/case]])
2016 January
[[case]]Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan[[/case]]
2016 March
[[case]]Gaines v. Fidelity National Title Insurance[[/case]] makes avoiding dismissal under the 5-year rule more difficult and analyzes the rules about which periods during a lawsuit are excluded
2016 April
[[case]]Tyson Foods v. Bouaphakeo[[/case]] — The U.S Supreme Court allows statistical evidence to fill evidentiary gaps in class actions
2016 May
[[case]]Flores v. Presbyterian[[/case]] − Negligence in the use and maintenance of equipment used to implement a doctor’s order constitutes “professional negligence” under MICRA and subject to MICRA statute of limitations
2016 June
Supreme Court eliminates automatic depublication of appellate opinion upon grant of review
2016 July
[[case]]Ramos v. Brenntag Specialties, Inc.[[/case]] narrows components parts doctrine
2016 August
[[case]]Baral v. Schnitt[[/case]] substantially broadens the scope of the anti-SLAPP statute by holding that it can be used to attack allegations of constitutionally protected activity
2016 September
A first-person account of the wrongful murder conviction of Ray Jennings, and what it took to free him
2016 September
[[case]]Barickman v. Mercury Cas. Co.[[/case]] — Court rejects the insurer’s argument that it acted in good faith as a matter of law by making an early tender of policy limits
2016 October
[[case]]Markow v. Rosner[[/case]] — Appellate court isn’t buying hospital’s vicarious liability based upon ostensible agency of a physician associated with the hospital
2016 November
[[case]]Nickerson v. Stonebridge Ins. Co.[[/case]] — Affirms a punitive-damage award that is 10 times the amount of compensatory damages; holds that insurer’s claims handling was highly reprehensible
2016 December
Responding to defense motions to foreclose plaintiffs’ counsel from making “Reptile” arguments to the jury
2016 December
[[case]]Kesner v. Superior Court[[/case]] — The most comprehensive discussion of the analysis of legal duty in California negligence law, specifically as regards asbestos but applicable to all negligence claims where duty is an issue
2017 January
Cal Supreme Court rules in [[case]]Augustus v. ABM[[/case]] that the [[case]]Brinker[[/case]] standard applies to rest breaks and that “on call” rest breaks are not compliant with the law
2017 February
[[case]]Okafor v. United States of America[[/case]] – Holds that a lawyer’s reliance on FedEx to timely deliver a document constitutes “routine negligence”
2017 March
Claim against public entity is barred where the plaintiff failed to file a timely late-claim petition after his initial claim was deemed denied
2017 April
[[case]]McGill v. Citibank NA[[/case]] — Allows an individual plaintiff to seek a public injunction under the UCL and FAL – relief whose primary purpose is to benefit the public generally – without the need to pursue the claim as a class action
2017 May
[[case]]Cuevas v. Contra Costa County[[/case]] – Defendant entitled to introduce evidence of future insurance benefits available under ACA
2017 June
[[case]]Garcia v. Pexco[[/case]] — Defendant may enforce arbitration agreement when plaintiff alleges a defendant acted as an agent of a party to an arbitration agreement
2017 July
Cal Supreme Court says discovery in PAGA actions is governed by normal standards of civil litigation; supports broad view of the right to discovery in all civil cases
2017 August
Four myths — or soon to be myths — of insurance law in California
2017 September
Interim adverse judgment bars malicious-prosecution claim, even if trial court later finds action was brought in bad faith
2017 October
Appellate Court holds that hospital’s substantial impairment of an elderly patient’s right to autonomy can constitute actionable “neglect” within the Elder Abuse Act
2017 November
Six tips from an appellate lawyer about how to minimize the risk of inconsistent verdicts
2017 December
The dangers and difficulties of trying to put “teeth” into a settlement by including provisions that increase the amount the settling defendant must pay if it fails to perform
2017 December
Duty-of-care issues, particularly involving premises-liability cases where the premises abut a public street
2018 February
FAA does not apply when son with power of attorney signs arbitration agreement with hospital, later sues for elder abuse in father’s death
2018 April
[[case]]Regents of the Univ. of California v. Superior Court (Rosen)[[/case]] — Holding that universities have a special relationship with their students, and therefore owe them a limited duty of care to protect them during “curricular” activities
2018 May
In [[case]]Dynamex Operations[[/case]] Cal. Supreme Court adopts new test for “employee” vs. “independent contractor.” In [[case]]Pebley v. Santa Clara Organics[[/case]], appellate court oks medical care on a lien, even for plaintiffs with insurance
2018 June
A local plaintiff’s lawyer gets ensnared in a “BEC” scam
2018 September
[[case]]Troester v. Starbucks Corp.[[/case]] – The California Supreme Court rejects the use of the de minimus doctrine to allow employers to demand small amounts of uncompensated work for employees
2018 September
In [[case]]Liberty Surplus v. Ledesma & Meyer Construction Co.[[/case]], the California Supreme Court reaffirms that an “accident” can be the unintended consequence of the insured’s deliberate acts
2018 September
[[case]]Brady v. Bayer Corp.[[/case]] — Don’t call it “One A Day” vitamins and then in small print tell us we must take two; or if you prefer: one gummie a day won’t keep the rickets away
2018 October
[[case]]Ayon v. Esquire Deposition Solutions[[/case]] — Provides guidance on when credibility issues can create triable issues of fact
2018 November
A short guide to petitions for rehearing, review, depublication, and post-appeal proceedings in the trial court
2018 December
[[case]]Brown v. Ralph’s Grocery Co.[[/case]] clarifies the requirements under PAGA for what constitutes a sufficient notice by the employee
2018 December
Court looks at standard of care that governs university’s duty to protect its students from violence. Also, primary assumption of risk in school sports
2019 January
Ruling in med-mal case sets makes new law for making or responding to CCP 998 offers
2019 February
Look to the employer, not the payroll processor
2019 March
[[case]]Guernsey v. City of Salinas[[/case]] — When juror affidavits concerning deliberations are admissible for new-trial motions or appeal
2019 April
Retroactive application of arbitration agreements in employment actions
2019 May
[[case]]Mazik v. Geico[[/case]] affirms punitive damages finding a regional manager qualified as a “managing agent”
2019 June
The lid is off the policy! Can insurers immunize themselves from their bad-faith failure to settle by buying the bad-faith claim from their own policyholder?
2019 September
Court says methodology of identifying class members who purchased an inflatable pool from chain store need not be shown in order to certify class. Also, decisions on choice of law and waiver of right to compel arbitration
2019 September
Attorney’s potential liability under settlement signed by attorney with notation “approved as to form and content”
2019 October
Defendant claims excessive verdict and that plaintiff counsel improperly pre-conditioned and engaged the passions of the jury, but Court affirms wrongful death awards totaling $45 million
2019 November
Plaintiffs’ law firm sues client for defamation in website reviews, trial court grants anti-SLAPP motion against firm, upheld on appeal
2019 December
Under PAGA, employees may not seek penalties for Labor Code § 558 penalties
2020 January
Path across park leading to restrooms is a “trail” for the purpose of trail immunity defense even if only occasionally used for recreational purposes
2020 February
Court sees triable issue of fact as to “intolerable conditions” in constructive-termination case brought by gay CHP officer
2020 March
Supreme Court holds that plaintiffs do not lose standing to pursue PAGA claims against their employer by settling their individual claims
2020 April
[[case]]In People v. Veamatahau[[/case]], Cal Supreme Court clarifies and restricts the meaning of “case-specific hearsay” that must be excluded under [[case]]People v. Sanchez[[/case]]
2020 May
Supreme Court holds no right to jury trial under either Unfair Competition Law or False Advertising Law
2020 June
Decision looks at bad faith in landlord’s insurance policy
2020 July
Supreme Court resolves split of authority about the standard of review when standard of proof is clear-and-convincing evidence
2020 September
A look at Prop 51, battery versus med mal, the sudden-emergency doctrine in auto accidents, and genuine-dispute doctrine in health insurance
2020 October
[[case]]Daubert[[/case]] error no longer requires new trial as sole remedy
2021 January
Court says a jury should hear claim of hostile work environment created by a customer
2021 February
Courts look at negligent infliction of emotional distress in the digital age; also design immunity and “home protection plans” as insurance
2021 March
Court of Appeal rejects CACI 2334 formulation of what constitutes a bad-faith failure to settle
2021 April
U.S. Supreme Court affirms state jurisdiction over alleged defective vehicles
2021 June
Court publishes contempt order after attorney uses rehearing petition to rant about the legal system
2021 July
[[case]]Privette[[/case]]: The Supreme Court clarifies and narrows its exceptions
2021 October
Also, non-English speakers and English-language contracts; contingency-fee agreements
2021 November
Court looks at Medi-Cal liens and the published-compilation exception to the hearsay rule for evidence
2021 December
Bad-faith failure to settle examined based on contract law principle; also, COVID business interruption coverage
2022 January
It deserves to join the Pantheon of trial-practice texts
2022 January
Cal Supreme Court addresses whistleblowing and consequent adverse employment actions; also, Court looks at extortion by settlement demand under [[case]]Flatley v. Mauro[[/case]]
2022 March
Arbitration agreements in health-care settings; also, the “baseball rule” on assumption of the risk; legal malpractice, causation and anti-SLAPP
2022 May
Can duress induced by a party’s own counsel void a settlement agreement?
2022 June
U.S. Supreme Court holds that [[case]]Iskanian[[/case]]’s rule that PAGA actions cannot be divided into individual and non-individual claims is preempted by the FAA
2022 July
Courts look at expert concessions on causation; also personal jurisdiction
2022 August
Court reviews [[case]]Privette[[/case]] rule on retained control of job site
2022 October
Must an “accident” result from an unintentional act? Does negligence equate to “accident?” Strategies for dealing with “no accident, hence no coverage”
2022 November
Conditional acceptance of a 998 offer invalidates the offer as to prejudgment interest
2022 November
Court refines the trivial defect doctrine, rejects strict tape measure approach to determine whether a sidewalk defect is trivial. Also, 998 offers and peremptory challenges
2022 December
Aggregated statutory damages “so severe and oppressive” held to violate due process
2023 February
Limits on trial court’s ability to impose sanctions for misuse of discovery
2023 March
Warning labels on generic drugs; also, refusal to pay arbitration fees, and HOAs suing for construction defects
2023 April
Supreme court rules governmental design immunity for dangerous roads does not categorically preclude failure-to-warn claims; also, public liability for dangerous sidewalks
2023 June
In [[case]]Adolph[[/case]], California Supreme Court declines to follow High Court on arbitration of PAGA actions
2023 September
Cal Supreme court rules on an employer’s agent’s liability in FEHA cases; also, products liability claims based on absence of a safety feature that would have prevented the accident
2023 October
An appellate lawyer’s review of Casetext’s CoCounsel
2023 November
Legal malpractice complaints and the statute of limitations; also, WC as exclusive remedy for school volunteers
2023 November
Tips for a neck-friendly ergonomic workstation
2023 December
Contractors hired by DOD and removal of their complaints to federal court. Also, premises liability and the negligent undertaking theory; and, reduction of attorney fees based on incivility of counsel
2024 January
MICRA and ambulances involved in auto accidents; also, PAGA waivers, the trivial-defect doctrine
2024 February
Relief from waiver of jury trial; also Labor Code and pay stubs, hotels and premises liability
2024 June
Medical-expense damages and the collateral-source rule/Medicare; also, handwritten vs. electronic signatures on arbitration agreements, and scam ads on Facebook, binding arbitration agreements and wrongful-death heirs
2024 July
After State Farm denies homeowner’s claim, contract and bad-faith suit is barred by statute of limitations, but suit for unfair business practice under UCL can go forward
2024 October
Claim for COVID virus coverage based on illusory promise is denied
2024 November
What is it and when does it apply?
2024 December
Lemon Law: a “new motor vehicle” means a vehicle sold by a new-car dealer for the first time, not just one sold with an unexpired manufacturer’s warranty. Also, the sophisticated-user defense in products liability
2024 December
The issues consumers will face as they try to rebuild their homes and lives
2025 February
[[case]]Privette[[/case]] and its applicability to indirect owner of hirer. Also, sports and assumption of the risk; “headless” PAGA claims; dangers alongside high-speed roadways
2025 February
Insurance coverage for cleaning-up smoke and debris when premises do not burn; also, head injury in football and assumption of the risk doctrine
2025 March
Decisions involving legal malpractice, waiver of arbitration, medical malpractice and insurance bad faith
2025 June
FEHA attorney’s fees; also, discovery abuse
2025 July
Large Language Models are revolutionizing the legal profession, offering transformative potential when used safely and ethically
2025 August
Judicial decisions dealing with AI-related issues
2025 August
MICRA and claims based on generally applicable duties of care, as opposed to “professional negligence”
2025 October
Federal Arbitration Act (FAA) preemption; also arbitration of wrongful death claims and attorney’s failure to verify accuracy of citations
2025 November
Trial judge is the best judge of reasonable hourly rates for trial attorneys. Arbitration: the need to show signed arbitration agreement defendant relies on. Also, good faith settlement findings and motions to amend judgment
2025 December
We want the machine and we want the conscience
2026 January
Contingency fees after client termination; also, The Construction-Related Accessibility Standards Compliance Act and Prohibited Retaliation Against Whistle Blowers
2026 February
How Berk v. Choy validates 25 years of Ninth Circuit dissents
2026 March
And why catching them demands a new skill
2026 May
Attorney fee disputes and declaratory relief; also, do contracts that specify the arbitration forum as JAMS unmistakenly delegate the right to determine the enforceability of the arbitration clause?
2026 May
The end of the FAAAA preemption defense in truck-accident cases
2026 July
The “two dismissal rule” is not a rule of claim preclusion; also, the Ending Forced Arbitration of Sexual Assault/Harassment Act; and, self-represented plaintiffs can get mandatory sanction for defendant’s discovery abuse
2026 August
Duty of care in drug development; also, insurance policy-limit demandS and summary judgment
2026 October
![It’s [[case]]still[[/case]] not over?](https://www.advocatemagazine.com/media/zoo/images/Ehrlich-istock-922171778_25f54cc950904dd525b299f2bff423bf.jpg "It’s [[case]]still[[/case]] not over?")
