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Author Archives: Jean-Simon Serrano

Mr. Serrano has been admitted to practice before California State and Federal Courts. He was named to the Super Lawyers’ 2012, 2013, 2014, 2015, and 2016 Southern California Rising Stars List, an honor awarded to no more than 2.5% of attorneys in Southern California each year. View Attorney Jean-Simon Serrano's Attorney Bio Here.

Is a Request to Preserve Evidence a Section 364 Notice Letter?

By Jean-Simon Serrano |

Section 364 of the Civil Code reads (in part): (a) No action based upon the health care provider’s professional negligence may be commenced unless the defendant has been given at least 90 days’ prior notice of the intention to commence the action. (b) No particular form of notice is required, but it shall notify the defendant… Read More »

Car Accidents And DashCams

Car Accidents And DashCams

By Jean-Simon Serrano |

A dashcam is a small digital recording device you can mount on the dashboard or windshield to record the view in front of the vehicle continuously. Most of the cameras begin recording automatically when the automobile is running. They also start recording after specific events trigger the dashcam. While the basic models focus on… Read More »

California’s Good Samaritan Law – The Costco Gas Station Case

By Jean-Simon Serrano |

Twelve years ago (12!!) I wrote a blog on this site discussing California’s Good Samaritan Law and Liability for Rendering Emergency Care. We’ve also discussed it on our blog here and here. This law was recently in the spotlight in a new case, Valdez v. Costco Wholesale Corp. (2022) 2022 Cal. App. LEXIS 952…. Read More »

Overloaded or Insecure Cargo Resulting in Truck Accidents

By Jean-Simon Serrano |

Large cargo trucks are dangerous even when they are not carrying excessive cargo. Because these vehicles weigh tens of thousands of pounds, a negligent truck driver or defective truck can cause severe injuries and death. When a trucking company overloads its vehicles, the risk of serious injury or death increases exponentially. There is a… Read More »

What Duty Does a Rental Car Agency Have in Checking the License of its Renters?

By Jean-Simon Serrano |

Vehicle Code Section 14608 requires the following of those renting cars: A person shall not rent a motor vehicle to another person unless both of the following requirements have been met: (1) The person to whom the vehicle is rented is licensed under this code or is a nonresident who is licensed under the laws… Read More »

Duty of Care Owed by Ambulance to Those Being Transported

By Jean-Simon Serrano |

Does an ambulance owe a duty to care to those it transports and does that duty require those being transported while on psychiatric hold to be restrained?  That was what was taken up in (T.L. v. City Ambulance of Eureka, Inc. (Sep. 29, 2022, No. A162508) ___Cal.App.5th___ [2022 Cal. App. LEXIS 829, at *1-2].) While… Read More »

Are School Shootings Foreseeable?  Can the School Premises be considered a “Dangerous Condition of Public Property” because a school shooting occurs?

By Jean-Simon Serrano |

You may or may not remember the tragic events that occurred on April 10, 2017.  On that date, Cedric Anderson entered his wife’s elementary classroom (a part of San Bernardino Unified School District) and shot and killed his wife, shot and killed one of her students, shot and injured a student, and then shot… Read More »

Can an Employer Fire You While on Workers’ Comp in California?

By Jean-Simon Serrano |

 You were injured on the job, and now you’re on workers’ comp. However, now you’re worried that you could lose your job. Not having an income at this point in your life would be very detrimental. You’re asking: can an employer fire you while on workers’ comp in California? Find out the answer and… Read More »

Premises Liability and the Duty to Warn about Open and Obviously Dangerous Conditions

By Jean-Simon Serrano |

I’ve written many times about how the case of Rowland v. Christian (1968) 69 Cal 2d. 108 established that landowners have a duty to maintain their property in a non-negligent fashion and protect those on their property from foreseeable harm.  A recent case, takes up the issue of foreseeable harm. (see (Montes v. Young… Read More »

Ease of Zoom Testimony and CCP § 367.75 Not Enough to Defeat Venue and CCP § 397

By Jean-Simon Serrano |

An extremely tragic case arose when a UCSD student was killed after walking into freeway traffic in early morning hours.  She had been drinking with friends who ordered an Uber for her to go back to her dorm on campus.  During the ride, she vomited in the vehicle and was asked if she wanted… Read More »

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