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Injured Plaintiff not Required to Use Health Insurance

By Jean-Simon Serrano |

In a minor victory for plaintiffs in California, the Appellate Court for the Second District has ruled that an injured plaintiff who elects not to use an available health insurance plan will be treated as “uninsured” and allowed to present medical billing incurred. In recent years, laws in California have changed such that plaintiff… Read More »

998 Offers

By Jean-Simon Serrano |

Something that is often encountered in personal injury litigation in California is what is commonly referred to as a “998 Offer.”  Clients are constantly surprised by the 998 Offer as many have never heard of it.  Code of Civil Procedure § 998 is quite lengthy; however, the part that relates most pertinently to plaintiff’s… Read More »

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

By Jean-Simon Serrano |

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 »

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

By Jean-Simon Serrano |

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 »

Malicious Prosecution Elements Get Clarified

By Jean-Simon Serrano |

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 »

Medi-Cal Liens and the case of Martinez v. Department of Healthcare Services

By Jean-Simon Serrano |

Let’s discuss Medi-Cal liens and the case of Martinez v. Dept. of Healthcare Services 2017 Cal App. Lexis 1167. Mr. Martinez filed a medical malpractice action and ultimately settled it for $150,000.00. The settlement did not apportion the $150,000 among medical expenses and other damages. After settlement, Martinez attempted to negotiate his Medi-Cal lien… Read More »

Attorney Serrano Selected as Super Lawyers Southern California Rising Star 2018

By Jean-Simon Serrano |

Attorney Jean-Simon Serrano, attorney at Heiting & Irwin and current Past Riverside County Bar Association President, has recently been selected as a 2018 Southern California Super Lawyers Rising Star. This is a designation that only 2.5% of attorneys in Southern California have achieved. Mr. Serrano has earned this distinction every year since 2012. Jean-Simon Serrano… Read More »

The Statute of Limitations for Medical Malpractice Cases Can be Tricky

By Jean-Simon Serrano |

The statute of limitations for medical malpractice cases can be confusing to the lay person.  The Court has described it as follows: CCP § 340.5, provides that the time for commencing an action for injury based on alleged professional negligence by a health care provider shall be three years after the date of injury or… Read More »

SEXUAL HARASSMENT IN CALIFORNIA

By Dennis Stout |

Everywhere you read, there are new and ongoing claims of sexual harassment throughout the United States. Sexual harassment in the State of California is defined in Civil Code, Section 51.9, providing the various elements to assert and prove a cause of action for sexual harassment.  California Civil Code §51.9 states as follows: “(a)     … Read More »

Suing an Architect, Professional Engineer or Land Surveyor? Watch Out!

By Jean-Simon Serrano |

There’s a lesser known requirement embodied in Code of Civil Procedure Section 411.35 that sets forth special requirements when filing a professional negligence case against an architect, a professional engineer, or a land surveyor.  This section requires that the filing attorney attach a certificate of merit when filing the complaint.  The certificate of merit… Read More »

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