Articles written by this author:
The basic concepts of this somewhat obscure and often mystifying area of insurance law
Jeffrey I. Ehrlich
2014 August
Plaintiffs seldom move for summary judgment but the defense sees it as a knockout round
Jeffrey I. Ehrlich
2014 December
How the Ninth Circuit, in Garcia v. Pacificare, gutted California Health & Safety Code section 1367.18 — and how you can fix it
Jeffrey I. Ehrlich
2015 August
Bermudez v. Ciolek — Logical discussion of Howell issues concerning proof of medical expenses for an uninsured client
Jeffrey I. Ehrlich
2015 August
U.S. v. Moser — Holds that the reasons relied on by the district judge to cut the prevailing party’s fee award constituted an abuse of discretion
Jeffrey I. Ehrlich
2015 November
Uspenskaya v. Meline — The amount a factoring company pays to purchase a medical lien is not evidence of the reasonable value of the debt
Jeffrey I. Ehrlich
2015 December
Assumption of the risk: If you buy tickets to a haunted house, expect to be scared (Griffin v. The Haunted Hotel)
Jeffrey I. Ehrlich
2016 January
Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan
Jeffrey I. Ehrlich
2016 March
Gaines v. Fidelity National Title Insurance 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
Tyson Foods v. Bouaphakeo — The U.S Supreme Court allows statistical evidence to fill evidentiary gaps in class actions
Jeffrey I. Ehrlich
2016 May
Flores v. Presbyterian − 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
Supreme Court eliminates automatic depublication of appellate opinion upon grant of review
Jeffrey I. Ehrlich
2016 July
Ramos v. Brenntag Specialties, Inc. narrows components parts doctrine
Jeffrey I. Ehrlich
2016 August
Baral v. Schnitt 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
A first-person account of the wrongful murder conviction of Ray Jennings, and what it took to free him
Jeffrey I. Ehrlich
2016 September
Barickman v. Mercury Cas. Co. — 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
Markow v. Rosner — 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
Nickerson v. Stonebridge Ins. Co. — 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
Responding to defense motions to foreclose plaintiffs’ counsel from making “Reptile” arguments to the jury
Steven B. StevensJeffrey I. Ehrlich
2016 December
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
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
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
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
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
Cuevas v. Contra Costa County – Defendant entitled to introduce evidence of future insurance benefits available under ACA
Jeffrey I. Ehrlich
2017 June
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
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
Four myths — or soon to be myths — of insurance law in California
Jeffrey I. Ehrlich
2017 September
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 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
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
Six tips from an appellate lawyer about how to minimize the risk of inconsistent verdicts
Jeffrey I. Ehrlich
2017 December
Duty-of-care issues, particularly involving premises-liability cases where the premises abut a public street
Jeffrey I. Ehrlich
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
Jeffrey I. Ehrlich
2018 April
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
In Dynamex Operations Cal. Supreme Court adopts new test for “employee” vs. “independent contractor.” In Pebley v. Santa Clara Organics, appellate court oks medical care on a lien, even for plaintiffs with insurance
Jeffrey I. Ehrlich
2018 June
A local plaintiff’s lawyer gets ensnared in a “BEC” scam
Jeffrey I. Ehrlich
2018 September
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
Troester v. Starbucks Corp. – 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
Brady v. Bayer Corp. — 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
Ayon v. Esquire Deposition Solutions — Provides guidance on when credibility issues can create triable issues of fact
Jeffrey I. Ehrlich
2018 November
A short guide to petitions for rehearing, review, depublication, and post-appeal proceedings in the trial court
Jeffrey I. Ehrlich
2018 December
Brown v. Ralph’s Grocery Co. clarifies the requirements under PAGA for what constitutes a sufficient notice by the employee
Jeffrey I. Ehrlich
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
Jeffrey I. Ehrlich
2019 January
Ruling in med-mal case sets makes new law for making or responding to CCP 998 offers
Jeffrey I. Ehrlich
2019 February
Look to the employer, not the payroll processor
Jeffrey I. Ehrlich
2019 March
Guernsey v. City of Salinas — When juror affidavits concerning deliberations are admissible for new-trial motions or appeal
Jeffrey I. Ehrlich
2019 April
Retroactive application of arbitration agreements in employment actions
Jeffrey I. Ehrlich
2019 May
Mazik v. Geico affirms punitive damages finding a regional manager qualified as a “managing agent”
Jeffrey I. Ehrlich
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?
Jeffrey I. Ehrlich
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
Jeffrey I. Ehrlich
2019 September
Attorney’s potential liability under settlement signed by attorney with notation “approved as to form and content”
Jeffrey I. Ehrlich
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
Jeffrey I. Ehrlich
2019 November
Plaintiffs’ law firm sues client for defamation in website reviews, trial court grants anti-SLAPP motion against firm, upheld on appeal
Jeffrey I. Ehrlich
2019 December
Under PAGA, employees may not seek penalties for Labor Code § 558 penalties
Jeffrey I. Ehrlich
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
Jeffrey I. Ehrlich
2020 February
Court sees triable issue of fact as to “intolerable conditions” in constructive-termination case brought by gay CHP officer
Jeffrey I. Ehrlich
2020 March
Supreme Court holds that plaintiffs do not lose standing to pursue PAGA claims against their employer by settling their individual claims
Jeffrey I. Ehrlich
2020 April
In People v. Veamatahau, Cal Supreme Court clarifies and restricts the meaning of “case-specific hearsay” that must be excluded under People v. Sanchez
Jeffrey I. Ehrlich
2020 May
Supreme Court holds no right to jury trial under either Unfair Competition Law or False Advertising Law
Jeffrey I. Ehrlich
2020 June
Decision looks at bad faith in landlord’s insurance policy
Jeffrey I. Ehrlich
2020 July
Supreme Court resolves split of authority about the standard of review when standard of proof is clear-and-convincing evidence
Jeffrey I. Ehrlich
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
Jeffrey I. Ehrlich
2020 October
Daubert error no longer requires new trial as sole remedy
Jeffrey I. Ehrlich
2021 January
Court says a jury should hear claim of hostile work environment created by a customer
Jeffrey I. Ehrlich
2021 February
Courts look at negligent infliction of emotional distress in the digital age; also design immunity and “home protection plans” as insurance
Jeffrey I. Ehrlich
2021 March
Court of Appeal rejects CACI 2334 formulation of what constitutes a bad-faith failure to settle
Jeffrey I. Ehrlich
2021 April
U.S. Supreme Court affirms state jurisdiction over alleged defective vehicles
Jeffrey I. Ehrlich
2021 June
Court publishes contempt order after attorney uses rehearing petition to rant about the legal system
Jeffrey I. Ehrlich
2021 July
Privette: The Supreme Court clarifies and narrows its exceptions
Jeffrey I. Ehrlich
2021 October
Also, non-English speakers and English-language contracts; contingency-fee agreements
Jeffrey I. Ehrlich
2021 November
Court looks at Medi-Cal liens and the published-compilation exception to the hearsay rule for evidence
Jeffrey I. Ehrlich
2021 December
It deserves to join the Pantheon of trial-practice texts
Jeffrey I. Ehrlich
2022 January
Bad-faith failure to settle examined based on contract law principle; also, COVID business interruption coverage
Jeffrey I. Ehrlich
2022 January
Cal Supreme Court addresses whistleblowing and consequent adverse employment actions; also, Court looks at extortion by settlement demand under Flatley v. Mauro
Jeffrey I. Ehrlich
2022 March
Arbitration agreements in health-care settings; also, the “baseball rule” on assumption of the risk; legal malpractice, causation and anti-SLAPP
Jeffrey I. Ehrlich
2022 May
Can duress induced by a party’s own counsel void a settlement agreement?
Jeffrey I. Ehrlich
2022 June
U.S. Supreme Court holds that Iskanian’s rule that PAGA actions cannot be divided into individual and non-individual claims is preempted by the FAA
Jeffrey I. Ehrlich
2022 July
Courts look at expert concessions on causation; also personal jurisdiction
Jeffrey I. Ehrlich
2022 August
Court reviews Privette rule on retained control of job site
Jeffrey I. Ehrlich
2022 October
Must an “accident” result from an unintentional act? Does negligence equate to “accident?” Strategies for dealing with “no accident, hence no coverage”
Jeffrey I. Ehrlich
2022 November
Conditional acceptance of a 998 offer invalidates the offer as to prejudgment interest
Jeffrey I. Ehrlich
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
Jeffrey I. Ehrlich
2022 December
Aggregated statutory damages “so severe and oppressive” held to violate due process
Jeffrey I. Ehrlich
2023 February
Limits on trial court’s ability to impose sanctions for misuse of discovery
Jeffrey I. Ehrlich
2023 March
Warning labels on generic drugs; also, refusal to pay arbitration fees, and HOAs suing for construction defects
Jeffrey I. Ehrlich
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
Jeffrey I. Ehrlich
2023 June
In Adolph, California Supreme Court declines to follow High Court on arbitration of PAGA actions
Jeffrey I. Ehrlich
2023 September
