Category Archives: Courts
MEDIATION ON THE RISE
The budget crises in the State of California continues to affect the court system, particularly the courts’ ability to dispose of cases in an efficient manner. Litigants should expect to see a back log of court cases due to the lack of funding, lack of jurists, and lack of support staff. As cases continue… Read More »
SEVEN MISTAKES YOU CAN AVOID WHEN INJURED ON THE JOB – PART 2
Certified Workers’ Compensation Specialist 3. SDI – Do not delay! File for State Disability Benefits through Employment Development Department as early on as possible in your case – even if you are receiving monetary benefits for Workers’ Compensation from your employer or their insurance carrier. Filing for such benefits, even if denied initially, will… Read More »
What is the Value of an Injured Pet?
In what seems to be a trend of new cases expanding the rights of pet owners, the Court of Appeal for the Second District recently ruled that the usual standard of recovery for a dead or injured pet (market value) is inadequate when applied to injured pets. The recent case, Martinez v. Robledo, (2012)… Read More »
WHEN CHILD SUPPORT & CUSTODY GET UGLY: IS IT DEFAMATION?
There is no such thing as “happy law”, especially in contested child support, custody, and visitation cases. Of course, the nature of the contested matter is expected to breed a degree of contention and aggravation between the two (or more) parties each contending for what they believe is in the best interests of the… Read More »
Recent Changes to Jury Fee Rules
In California, if you demand a jury trial, you are required to pay a deposit for exercising that right. In recent years, prior to June 5, 2012, the Code of Civil Procedure § 631(b) read: “Each party demanding a jury trial shall deposit advance jury fees with the clerk or judge. The total amount… Read More »
CHAOS IN COURTS CONTINUES
The domino effect of the budget shortfalls in the State of California court system continues to develop. Previously the Los Angeles Superior Court system announced the closure of four civil courtrooms in Pomona. Most recently, the San Bernardino County Superior Court system has announced that the entire Chino courthouse will close effective January 1,… Read More »
A Remedy Remains: “Stolen Valor” is Still Fraud
Although the Supreme Court recently overturned the Stolen Valor Act of 2006, there are still legal consequences for lying about receiving awards and medals won through military service. Indeed, the ruling in U.S. v. Alvarez does not constitute an endorsement for stealing valor. Instead, in finding the Act unconstitutional, the Court determined only that… Read More »
IS THE EMPLOYER RESPONSIBLE FOR INJURIES THAT OCCUR ON THE WAY TO OR FROM A MEDICAL APPOINTMENT?
An employer bears the risk of incurring compensability liability under the California Workers’ Compensation Act for an injury suffered in route to or from a medical appointment related to an existing compensable injury. If an employee suffers a new injury while traveling a reasonable distance, to or from a medical appointment for an existing… Read More »
NOT IN MY CAR: Why the Test Drive Should be Limited to Testing
One recent morning while leaving my local Starbucks drive-thru, I waited while two men wearing mechanic uniforms crossed the parking lot to what I assumed was their vehicle. I thought nothing more of this until, several days later, I saw the same men, again clad in uniforms, only this time walking to a different… Read More »
SHOULD SETTLEMENTS BE CONFIDENTIAL?
Heiting & Irwin You have sustained an injury or some form of damage, filed and prosecuted your Complaint, and have now reached a settlement with the adverse party. Upon receipt of the Settlement Agreement and Release, the defendant requests that the settlement be deemed confidential, that the nature of the settlement, its terms, and… Read More »
