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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.

The Importance of Acceptance Provisions in a 998 Offer

By Jean-Simon Serrano |

We’ve discussed 998 offers in the past(here, here, and here).  What happens if a 998 offer is sent but doesn’t include a specific provision for acceptance?  What happens if the attorney that receives this purported 998 offer wants to accept and, writes in an acceptance line, and returns it to the offering party?  Is… Read More »

The Importance of Naming the Correct Parties as Soon as Possible

By Jean-Simon Serrano |

A recent California Court of Appeal decision, (Organizacion Communidad De Alviso v. City of San Jose 2021 Cal. App. LEXIS 115) highlights this importance. From the official case summary: Defendant city filed two notices of determination (NODs) for a proposed project to rezone fallow farmland for light industrial uses. The first NOD listed the… Read More »

Product Liability for Christmas Products and Toys

By Jean-Simon Serrano |

Christmas is a time for joy and celebration. It’s when the family comes together, you drink warm eggnog and you all gather around the Christmas tree while opening presents. However, the holiday could be ruined if one of the presents you purchased or toys you gave your child turns out to be defective. If… Read More »

Negligent Infliction of Emotional Distress and Modern Technology

By Jean-Simon Serrano |

A recent case, Ko v. Maxim Healthcare Services, Inc. (Dec. 23, 2020, No. B293672) ___Cal.App.5th___ [2020 Cal. App. LEXIS 1222, touches on Negligent Infliction of Emotional Distress and how this type of claim may be evolving in the modern era. Thing v. La Chusa, (1989) 48 Cal. 3d 644, is the governing case for NIED… Read More »

Hockey Player Responsible for Injury to Other Player?

By Jean-Simon Serrano |

In general, persons have a duty to use due care to avoid injury to others, and may be held liable if their careless conduct injures another person. This general rule, however, does not apply to co-participants in a sport, where conditions or conduct that otherwise might be viewed as dangerous often are an integral… Read More »

Can Cremation Services be Held Responsible for Mishandling of Pet Remains?

By Jean-Simon Serrano |

Can Cremation Services be Held Responsible for Mishandling of Pet Remains?  This was one of the questions recently taken on by the California Court of Appeal for the Fourth District in Levy v. Only Cremations for Pets, Inc. (Nov. 6, 2020, No. G057888) _Cal.App.5th_ [2020 Cal. App. LEXIS 1056.) The Levy family sued defendants,… Read More »

What Counts as a Wrongful Death in California?

By Jean-Simon Serrano |

Losing a loved one is incredibly painful. If it happens because of natural causes, it’s hard enough, but if it happens as a result of someone else’s negligence – whether or not it was intentional – the situation becomes much more difficult. A loved one may have died young, years before it would have… Read More »

Does the operator of a music festival owe a duty of care to its patrons to provide medical care?

By Jean-Simon Serrano |

Does the operator of a music festival owe a duty of care to its patrons to provide medical care?  That’s the question recently taken up by the Court of Appeals for the Second District. While at Live Nation’s 2015 “Hard Fest,” which took place at the Pomona Fairplex, Katie Dix, a festival-goer, ingested an… Read More »

What Should I Do if an Uninsured Motorist Hit My Car?

By Jean-Simon Serrano |

If you learn nothing else, learn that you need uninsured motorist coverage (maximum limits if you can).  This is absolutely a must for any responsible person.  The coverage is usually cheap, but invaluable if something happens. Every time you get into your car, you’re taking a risk. Driving can be dangerous, especially since other… Read More »

Primary Assumption of the Risk and Off Leash Dogs

By Jean-Simon Serrano |

An interesting case was recently heard by the Court of Appeal which dealt with primary assumption of the risk and a person injured at a park that allowed dogs to roam “off leash.” In Wolf v. Weber, the plaintiff was injured when an off leash dog collided with her, knocking her to the ground. … Read More »

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