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California Supreme Court Rules Universities/Colleges Owe Students a Duty of Care to Protect them from Foreseeable Violence During Curricular Activities

By Heiting & Irwin |

A surprising new case from the Supreme Court of California holds that, under the special relationship doctrine, Colleges and Universities owe students a duty of care to protect them from “foreseeable violence during curricular activities.” The Case is Regents of the University of California v. Superior Court (2018) 2018 Cal. LEXIS 1971. The case… Read More »

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DO I NEED AN ATTORNEY FOR MY WORKERS’ COMPENSATION CLAIM?

By Heiting & Irwin |

In the event you suffer a work-related injury, first on your mind is securing medical treatment as well as financial compensation to pay for lost wages should your doctor’s reporting indicate that you are temporarily disabled.  To obtain these benefits, you will be working with a claims adjuster assigned to your case by your… Read More »

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SETTLEMENT BY MINORS

By Heiting & Irwin |

Under California law, children under the age of 18 (referred to as “minors”), are required to have their personal injury monetary settlements approved by the appropriate Court. A guardian ad litem (a person to investigate what solutions would be in the “best interests of a child”), is appointed by the Court to proceed with… Read More »

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Owner of Parking Lot not Liable for Damages Which are Not “Foreseeable”

By Heiting & Irwin |

In August of 2013, Mr. Sakai was in the parking lot of a Union 76 station, attempting to get food from a Taco truck that was set up on the premises, having leased the right to do so from the owners of the Union 76 station.  Because the parking lot was full of people… Read More »

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The Repercussions of Distracted Driving

By Heiting & Irwin |

Technology developments are causing major problems for motorists everywhere, which is typically not the intended purpose when a new system or software is rolled out. In just the few instants it takes to look over a text message, vehicle-installed touch screen devices or even using a GPS, motorists enter the so-called distracted driving zone…. Read More »

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What Constitutes a Wrongful Death Case, and Other Elements to Consider

By Heiting & Irwin |

The passing of someone you care about can be one of the most difficult experiences to endure. The trauma is magnified when the death of your loved one could have been prevented, or worse, was caused by the negligence of another individual, establishment, or entity. Common Causes of a Wrongful Death There are several… Read More »

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Work-Related Injuries in Moreno Valley’s Booming Warehouse-Driven Economy

By Heiting & Irwin |

Moreno Valley is undisputedly one of Inland Empire’s fastest growing economies. With the rise of warehouse facilities across the city, there is a demand for skilled laborers. Due to their very nature, warehouse industry jobs require both body strength and high levels of concentration. Many warehouse environments are commonly dangerous workplaces. Warehouse employees, frequently… Read More »

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Medical Malpractice Due to a Negligent Medical Practitioner

By Heiting & Irwin |

In the State of California, most individuals rely on their medical practitioner when there is a need for any type of medical assistance above the common cold. Internal and external bodily complications and conditions may require educated medical professional such as doctors or nurses to interpret the facts. Many illnesses cannot be diagnosed without… Read More »

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Who is Liable for Damages When a Car Accident is Caused by Road Debris?

By Heiting & Irwin |

Potholes. Debris in the road. Forgotten traffic cones and signs. Large pieces of furniture that were dumped by third parties but ignored by the state. There is no telling what you are going to run into when you are driving along the highway or interstate, which means that you may have very little, if… Read More »

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Malicious Prosecution Elements Get Clarified

By Heiting & Irwin |

To prevail in a malicious prosecution action under California law, a malicious prosecution plaintiff (the defendant in the underlying action) must show that: (1) the plaintiff in the underlying action pursued a claim with subjective malice, (2) the claim was brought without objective probable cause, and (3) the underlying action was terminated on the… Read More »

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