Medically insurance covers you. Assuming you have it. But we're talking about liability insurance. What (liability) insurance will pay for your medical bills and pain and suffering if you're struck…
Res judicata is a legal term that refers to the prohibition or prevention of relitigating the same claims or causes of action already decided by the same two parties in…
The short answer, no. Here's the longer answer, which explains why. Let's start with definitions. What is a First Party Claim? A first party claim is a claim the policyholder,…
There are a lot of deposition rules in California. Let's get started with some of them. What Is A Deposition In California? A deposition is a procedure which forces someone…
There are a lot of discovery rules in California. Here are some things you should know. Civil Discovery Act Discovery is governed by the Civil Discovery Act, CCP § 2016.010…
A motion is a written or oral request that a Court do something. See CCP ¶ 1003. See too this blog post. Bifurcation refers to splitting or dividing a case…
The nondelegable duty is a legal doctrine that says certain types of duties cannot be delegated to avoid liability. These types of duties are usually tied to safety or public…
Surplus funds is money left over after a foreclosure sale. A trustee, a neutral party unassociated with either the homeowner or the lender, carries out the foreclosure sale. The trustee…
Trespass to trees is a tort, or civil wrong like negligence. It happens when someone trespasses on your property and damages your trees. What Is Trespass? Trespass happens when a…
Negligence per se allows you to argue that a defendant is presumed negligent. How? You use a statute or regulation to show that a defendant breached the standard of care.…
Great question. Here's why. You remove the non-liable defendant from litigation, and prevent the other remaining defendants from blaming the removed, non-liable defendant. The remaining defendants can't use the empty…
First let's understand Civil Code 3040, then we can talk about common fund. What Is Civil Code 3040? Civil Code 3040 is a long, technical statute. But basically it limits…