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Category Archives: litigation

CHALKING TIRES RULED UNCONSTITUTIONAL

By Dennis Stout |

The marking of car tires by law enforcement officers has been ruled to be a violation of the Fourth Amendment to the United States Constitution.   A Federal Appeals Court in Michigan has ruled the marking of tires is a “trespass” and requires a warrant. The Fourth Amendment protects people from “ unreasonable searches and… Read More »

Important Factors to Consider When Seeking to File an Uninsured Motorist Claim

By Jean-Simon Serrano |

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 »

Writ Of Claim and Delivery

By Sara Morgan |

I recently read an article about the dispute over a 1959 Remy Martin guitar once owned by Kurt Cobain, which discussed the efforts of Courtney Love to recover this guitar from her daughter’s ex-husband.  It reminded me of a procedure sometimes used by parties in disputes over personal property called a “writ of possession”… Read More »

Pedestrian Accident Law: Understanding Your Legal Options as a Victim 

By Richard Irwin |

Any pedestrian runs the risk of suffering an unexpected injury as a result of being struck by a careless driver. If you or someone you know has been injured by a negligent driver, there may be an opportunity to seek financial compensation for the injuries. For many victims, the primary legal option is to… Read More »

SHOULD A BUSINESS OWNER ANTICIPATE CRIMINAL CONDUCT OF OTHERS?

By Dennis Stout |

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

By Dennis Stout |

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 »

LEARNING TO LISTEN “RIGHT”

By Debbie Beals, Paralegal |

Part of the work that we do on Heiting & Irwin’s Workers’ Compensation team includes helping the injured worker understand the steps involved in the process of the ever-changing Workers’ Compensation system.  As I pass my 21st year working as a Worker’s Compensation paralegal, I realize one of the most important skills I have… Read More »

When Failing to Render Aid can be Considered Negligence

By Richard Irwin |

 Imagine that you are involved in a car wreck in Riverside or elsewhere in California. The crash was not a result of any negligence or carelessness on your part; rather, the other driver carelessly drove into your lane of travel and hit your vehicle head-on. You yourself are (miraculously) not injured; as you exit… Read More »

Suing the Good Samaritan: When Good Intentions Cause Serious Harm

By Jean-Simon Serrano |

California and many other states have enacted so-called “Good Samaritan” laws (named after the biblical story of the good Samaritan). These laws were all enacted with a noble purpose: To encourage individuals to come to the aid of their fellow citizen in distress. These laws act to provide legal protection from suit for a… Read More »

Default Judgments: What are They and How Common are They?

By Dennis Stout |

There is more than one way to prevail in your California personal injury lawsuit. Of course, you will prevail and be awarded monetary damages if your case proceeds to trial before a judge and/or jury and the factfinder determines that the defendant(s) in your case were, in fact, at fault in causing damages in… Read More »

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