Author Archives: Jean-Simon Serrano
The Importance of Naming the Correct Parties as Soon as Possible
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
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
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?
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?
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?
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?
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?
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
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 »
Pet Therapy Volunteer Not an Employee of Kaiser Permanente for the Purposes of Vicarious Liability
In a recent case, the plaintiffs’ son was killed when he was struck by a vehicle driven by a Kaiser Permanente pet therapist as the therapist was driving home from the facility where he was volunteering. Plaintiff parents sued defendant hospital for the acts of its volunteer pet therapist under the theory of respondeat… Read More »
