Category Archives: General
SUBPOENA PROBLEMS: CUSTODIANS OF RECORD (Part 1)
Subpoenas are a mechanism for obtaining discovery from non-party witnesses or organizations, usually in the form of documents or testimony. During the course of a personal injury lawsuit, several rounds of subpoenas end up being issued by defense attorneys to obtain the medical and employment records of the plaintiff from medical providers and current… Read More »
DISCOVERABILITY OF WITNESS STATEMENTS
Witness interviews are an important part of the investigation by attorneys or their staff in the evaluation and presentation of evidence. Generally, witness statements will be protected from disclosure to the adverse party if the material discovered reveals an attorney’s impression, conclusions, opinions, or legal research. Code of Civil Procedure §2018.030 sets forth the… Read More »
IDENTIFYING DEFENDANTS – LOOKING UNDER EVERY ROCK
One of the many important parts of litigation involves the identification of potential defendants. Leaving out an important party can have far-reaching negative consequences: by failing to include a necessary defendant, an injured person may be time-barred from bringing a lawsuit against that person/entity in the future, and may leave the injured person to… Read More »
James O. Heiting of Heiting & Irwin earns ABOTA membership
Riverside, California: James O. Heiting, a founding partner of the California-based firm Heiting & Irwin, and former president of the State Bar of California, has been accepted into the American Board of Trial Advocates (ABOTA). ABOTA dedicates itself to the preservation and promotion of the Seventh Amendment, which guarantees the right to civil… Read More »
Important Factors to Consider When Seeking to File an Uninsured Motorist Claim
California law requires all vehicles driven in the state carry a minimum amount of insurance or “financial responsibility.” Despite this requirement, there is always the possibility of being involved in an auto accident with an uninsured or underinsured motorist. If you or someone you know has recently been involved in an auto accident with… Read More »
Burn Injury Law: Establishing Liability and How to File a Claim
A burn injury can result from a product defect, a workplace injury, or some other form of negligence. The party responsible for the injury is also responsible to cover the victim’s medical expenses and damages. In cases where a victim is partially held accountable for the incident, he or she could still be able… Read More »
CAREGIVER-PATIENT ABUSE: THE ULTIMATE BETRAYAL
The breaking news today that a suspect had been identified and arrested for the “sexual assault” of an incapacitated patient at an Arizona long-term care facility brought a flood of emotions and questions. Of course, it is relieving to know that this predator*, posing as a caregiver, was apprehended. However, there are many other… Read More »
SOCIAL HOST LIABILITY
As the Christmas and New Year’s holiday season approaches, I felt it was a good time for a refresher examination of the social host liability laws in the State of California. As it applies to alcohol related issues, the following is an update of the current state of the law in California. In 2017,… Read More »
SHOULD A BUSINESS OWNER ANTICIPATE CRIMINAL CONDUCT OF OTHERS?
Generally speaking, the owner of a business in the State of California that is open to the public must use reasonable care to protect its guests and patrons from another person’s harmful conduct on its property if the owner can reasonably anticipate such conduct. First of all, it should be noted that a business… Read More »
ATTORNEY-CLIENT PRIVILEGE
This issue of attorney-client privilege is prevalent in the news these days, as federal agents have raided the offices and home of President Trump’s personal lawyer. Much of what was obtained from that search/raid, what can be used, and for what purpose, hinges on the issue of attorney-client privilege, confidentiality and criminal activity. In… Read More »
