Jeffrey I. Ehrlich

Jeffrey I. Ehrlich

Jeffrey I. Ehrlich is the principal of the Ehrlich Law Firm, in Claremont, California. He is a cum laude graduate of the Harvard Law School, a certified appellate specialist by the California Board of Legal Specialization, and a member of the CAALA Board of Governors. He is the editor-in-chief of Advocate magazine and a two-time recipient of the CAALA Appellate Attorney of the Year award.

Articles written by this author:

Appellate Reports and Cases in Brief

Assumption of the risk: If you buy tickets to a haunted house, expect to be scared ([case]Griffin v. The Haunted Hotel[/case])

Jeffrey I. Ehrlich

2016 January


Appellate Reports and Briefs

[ase]Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan[/case]

Jeffrey I. Ehrlich

2016 March


Appellate Reports and Briefs

[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

Jeffrey I. Ehrlich

2016 April


Appellate Reports and Briefs

[case]Tyson Foods v. Bouaphakeo[/case] — The U.S Supreme Court allows statistical evidence to fill evidentiary gaps in class actions

Jeffrey I. Ehrlich

2016 May


Appellate Reports and Briefs

[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

Jeffrey I. Ehrlich

2016 June


Appellate Review

Supreme Court eliminates automatic depublication of appellate opinion upon grant of review

Jeffrey I. Ehrlich

2016 July


Appellate Reports and Shorter Takes

[case]Ramos v. Brenntag Specialties, Inc.[/case] narrows components parts doctrine

Jeffrey I. Ehrlich

2016 August


Appellate Reports

[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

Jeffrey I. Ehrlich

2016 September


How could this happen in Los Angeles?

A first-person account of the wrongful murder conviction of Ray Jennings, and what it took to free him

Jeffrey I. Ehrlich

2016 September


Appellate Reports

[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

Jeffrey I. Ehrlich

2016 October


Appellate Reports

[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

Jeffrey I. Ehrlich

2016 November


“Reptile” under attack

Responding to defense motions to foreclose plaintiffs’ counsel from making “Reptile” arguments to the jury

Steven B. Stevens
Jeffrey I. Ehrlich

2016 December


Appellate Reports and Shorter Takes

[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

Jeffrey I. Ehrlich

2016 December


Appellate Reports

Kesner v. Superior Court — 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

Jeffrey I. Ehrlich

2017 January


Appellate Reports

Cal Supreme Court rules in Augustus v. ABM that the Brinker standard applies to rest breaks and that “on call” rest breaks are not compliant with the law

Jeffrey I. Ehrlich

2017 February


Appellate Reports

Okafor v. United States of America – Holds that a lawyer’s reliance on FedEx to timely deliver a document constitutes “routine negligence”

Jeffrey I. Ehrlich

2017 March


Appellate Reports and Shorter Takes

Claim against public entity is barred where the plaintiff failed to file a timely late-claim petition after his initial claim was deemed denied

Jeffrey I. Ehrlich

2017 April


Appellate Reports

McGill v. Citibank NA — 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

Jeffrey I. Ehrlich

2017 May


Appellate Reports

Cuevas v. Contra Costa County – Defendant entitled to introduce evidence of future insurance benefits available under ACA

Jeffrey I. Ehrlich

2017 June


Appellate Review

Garcia v. Pexco — Defendant may enforce arbitration agreement when plaintiff alleges a defendant acted as an agent of a party to an arbitration agreement

Jeffrey I. Ehrlich

2017 July


Appellate Reports

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

Jeffrey I. Ehrlich

2017 August


Be an insurance Myth Buster!

Four myths — or soon to be myths — of insurance law in California

Jeffrey I. Ehrlich

2017 September


Appellate Reports and Shorter Takes

Interim adverse judgment bars malicious-prosecution claim, even if trial court later finds action was brought in bad faith

Jeffrey I. Ehrlich

2017 October


Appellate Reports

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

Jeffrey I. Ehrlich

2017 November


Appellate Reports

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

Jeffrey I. Ehrlich

2017 December


Don’t let self-inflicted errors on the verdict form torpedo your verdict

Six tips from an appellate lawyer about how to minimize the risk of inconsistent verdicts

Jeffrey I. Ehrlich

2017 December


Appellate Reports and Shorter Takes

Duty-of-care issues, particularly involving premises-liability cases where the premises abut a public street

Jeffrey I. Ehrlich

2018 February


Appellate Reports and Shorter Takes

FAA does not apply when son with power of attorney signs arbitration agreement with hospital, later sues for elder abuse in father’s death

Jeffrey I. Ehrlich

2018 April


Appellate Reports

Regents of the Univ. of California v. Superior Court (Rosen) — 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

Jeffrey I. Ehrlich

2018 May


Appellate Reports

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

Jeffrey I. Ehrlich

2018 June


There but for the grace of God go you

There but for the grace of God go you

A local plaintiff’s lawyer gets ensnared in a “BEC” scam

Jeffrey I. Ehrlich

2018 September


Appellate Reports

[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

Jeffrey I. Ehrlich

2018 September


“We meant it when we said it”

“We meant it when we said it”

In Liberty Surplus v. Ledesma & Meyer Construction Co., the California Supreme Court reaffirms that an “accident” can be the unintended consequence of the insured’s deliberate acts

Jeffrey I. Ehrlich

2018 September


Appellate Reports

[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

Jeffrey I. Ehrlich

2018 October


Appellate Reports

Ayon v. Esquire Deposition Solutions — Provides guidance on when credibility issues can create triable issues of fact

Jeffrey I. Ehrlich

2018 November