Implicitly marking the 20th anniversary of its seminal decision in Knight v. Jewett, which established the doctrine of primary assumption of the risk, the California Supreme Court confirmed both the continuing vitality and breadth of that decision in Nalwa v. Cedar Fair (2012), S195031. In Knight, a plurality of the Supreme Court held that a … Continue Reading
The California Supreme Court has granted review in Ennabe v. Manosa, S189577, in which the Second District Court of Appeal upheld a summary judgment for defendant, who hosted a party at a private residence where alcoholic beverages were available and who charged uninvited party guests an entrance fee of $3 to $5. The Court of … Continue Reading
Oasis West Realty v. Goldman (S181781) – Does an attorney’s duty of loyalty owed to a former client apply when the attorney actively takes a position against the former client on the same issue for which the lawyer previously had been retained, but does so while acting on his or her own behalf, without a … Continue Reading
The CA Supreme Court has scheduled three civil cases for hearing on February 8, 2011. These cases address issues of duty & causation, the statute of limitations for multiple distinct injuries and the final judgment rule. Pooshs v. Philip Morris USA, Inc., et al., S172023, results from a request for guidance from the Ninth Circuit … Continue Reading
Last week the Supreme Court granted review in six civil cases, covering a wide variety of issues: Coito v. Superior Court, which addresses when witness statements are protected from discovery as work product. See Civil Procedure/Evidence/Discovery update. Professional Engineers in California Government v. Schwarzenegger, which the Supreme Court transferred on its own motion before … Continue Reading
Can a California trial court reduce a personal injury plaintiff’s recovery for medical expenses to reflect the amount actually paid by his health insurer? That question matters a lot to attorneys, parties and insurers, trying to value claims and where appropriate, seek settlements in thousands of cases every day. For twenty years, the answer under California … Continue Reading
