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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.

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 »

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 »

Does a No-Fault Accident Go on Your Record in California?

By Jean-Simon Serrano |

You got into a car accident and perhaps suffered from an injury as well. The thing is that the car accident wasn’t your fault. Now, you’re worried that your insurance rates will go up because you’ve heard about a no-fault accident going on your record in California. By clarifying this policy, you can figure… Read More »

Is a School Liable for Injuries which Occur On Campus, After Hours?

By Jean-Simon Serrano |

This is the question recently taken up by the 4th District Court of Appeal in Achay v. Huntington Beach Union High School Dist. (June 28, 2022, No. G060053) ___Cal.App.5th___ [2022 Cal. App. LEXIS 571. Plaintiff C. Achay was a student on a high school track team, which usually practiced after school until 5:30 p.m. On… Read More »

What Happens When Walkers or Joggers Get Hit by Cars in California?

By Jean-Simon Serrano |

You, or a loved one, were walking or jogging when you got hit by a car. A car can do irreparable damage to a pedestrian. After the injury (or death) what can be done?  What happens when walkers or joggers get hit by cars? What legal recourse do they have? Fortunately, you can hire… Read More »

Are the Details of Previous, Similar, Incidents Confidential?

By Jean-Simon Serrano |

Vehicle Code Section 20012 holds: All required accident reports, and supplemental reports, shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department of Motor Vehicles and the Department of the California Highway Patrol, except that the Department of the California Highway Patrol or the law… Read More »

Don’t “Wait and See” With Your Medical Malpractice Case

By Jean-Simon Serrano |

It’s a story I hear on an almost weekly basis. “After the surgery, I knew something was wrong but Dr. X told me to ‘wait a year and see what happens.’” From a legal standpoint, this is terrible advice when dealing with a potential medical malpractice claim in California. What’s wrong with waiting a… Read More »

What Happens if You Get Injured Due to Inadequate Lighting?

By Jean-Simon Serrano |

You were walking somewhere dark and suddenly, you tripped, fell, and hurt yourself. Now, not only are you injured, but also you have to pay expensive medical bills on top of everything else. You’re wondering: What happens if you get injured due to inadequate lighting? Is it your fault? Or can you pursue a… Read More »

Does the MICRA cap of $250,000 for medical malpractice cases apply to a physician’s assistant?

By Jean-Simon Serrano |

Does the MICRA cap of $250,000 for medical malpractice cases apply to a physician’s assistant? This was the question that was taken up (and answered) in Lopez v. Ledesma (2022) 46 Cal App 5th 980. In that case, plaintiff’s daughter was diagnosed with metastatic malignant melanoma and eventually died from the disease – she… Read More »

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