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You met me at a very strange time in my life. Fight Club Can a guard remove you from a bar? The short answer is no, generally speaking. Here’s why. Private security guards are not police. Don’t forget that. They are employees of a private business open to the public. They are not police. Security guards are there to prevent, observe, and report. In that sense, security guards have no greater right than you to perform a civilian’s arrest. If they perform a civilian’s arrest, security guards must use reasonable force. Otherwise, a security guard should not touch anyone, unless…
It is better to fail in originality Than to succeed in imitation. Herman Melville Delivery drivers include Amazon, Uber Eats, DoorDash, Instacart, and similar companies. What if a delivery driver injures you in a car crash? Who’s responsible? This is the easy part: the delivery driver is responsible. California law provides that every person is responsible for his or her acts. See Civil Code § 1714. California Vehicle Code sets out “Rules of the Road” that a driver must follow. If a driver doesn’t follow those rules and injuries you, that driver is responsible for your injuries. This is the…
Action may not always bring happiness, But there is no happiness without action. -Benjamin Disraeli In almost all cases, the City of San Diego will be responsible for a water main break in San Diego. That’s because the City of San Diego owns the water conveyance infrastructure of which the water main is a part. It’s the City’s property so the City is responsible. The key is determining who owns the water main break. Sometimes, that may be the City of San Diego County, the County of San Diego, or some other city. Whoever owns the water conveyance infrastructure is…
The two most powerful warriors are Patience and Time. Tolstoy Here’s a summary of how to calendar dates for use in California courts. Know that “days” mean calendar days, and that “court days” are days the court is open for business (e.g. Monday through Friday, excluding holidays). How To Calendar Dates In California Court Exclude First Day Always exclude the first day. See CCP § 12 Include Last Day Always include the last day. See CCP § 12 Include Last Day – Exception If the last day is a holiday, exclude it. Here’s a list of current holidays: https://www.courts.ca.gov/holidays.htm If…
Let the punishment be equal with the offense. -Cicero Lots of discovery responses are garbage. What to do? Consider discovery sanctions. Here’s a brief primer. First, you need to determine the statute allowing discovery sanctions. There are several. Each discovery method has its own sanction provision. For interrogatories, see CCP § 2030.090, CCP § 2030.290, CCP § 2030.300, and CCP § 2030.210. For requests for admission, see CCP § 2033.080, CCP § 2033.280, CCP § 2033.290, CCP § 2033.300, and CCP § 2033.420. And for requests for production, see CCP § 2031.060, CCP § 2031.300, CCP § 2031.310, and CCP…
Any fool can know. The point is to understand. -Albert Einstein Here are general steps you should take to file a business interruption claim in California, along with some helpful information. REVIEW YOUR POLICY Do you have business interruption insurance? If so, do you know what it covers and what the limits are? Do you know how you’re supposed to give notice of loss? This information should be available in your policy. Start first by reviewing the declarations page. Make sure you have a complete copy of your policy, including all endorsements in effect on the date of loss. GIVE…
Judge a man by his questions Rather than by his answers. -Voltaire A fundamental coverage question is whether covid-19 can be considered a “physical loss or damage” to insured property. As discussed in an earlier blog, usually business interruption insurance is not triggered unless there’s “physical loss or damage” to insured property. Courts throughout the nation have reached these conclusions about containments: Asbestos can cause physical loss or damage to insured property if it actively presents a health hazard. Sentinel Mgmt. Co. v. Aetna Cas. & Sur. Co. Nos. C2-98-2304, CX 98-2372 (Minn. App. July 27, 1999); Bacteria can cause…
Amend your ways and your deeds -Jeremiah Most insurance companies will deny business interruption (BI) claims for covid-19 losses by saying there was no “direct physical loss” to insured property. Expect insurance companies to say “Covid-19 did not physically damage your property, so we’re not paying.” Are they right? Understand that insurance law is state law, so your state law matters. Consider what California law says about “direct physical loss.” “Direct physical loss” generally means physical damage to insured property. See Simon Marketing v. Gulf  Ins. Co. (2007) 149 CA4th 616, 623. “Direct”, used in conjunction with “physical,” means without…
Truth is confirmed by inspection and delay; Falsehood by haste and uncertainty. -Tacitus Business Interruption (BI) insurance protects a business from economic losses when a business cannot continue its normal operations. Standard BI language reads “We will pay for the actual loss of Business Income you sustain due to the necessary suspension of your operations during the period of restoration.” Does BI insurance cover covid-19? You must analyze coverage to answer that question. Forewarning: it gets complicated. Basically 3 conditions must be met before a insurance company will pay for a BI claim: Direct physical loss or damage must occur;…
Do not overwork to be rich; Because of your own understanding, cease! Will you set your eyes on that which is not? For riches certainly make themselves wings; They fly away like an eagle toward heaven. -Proverbs   What is a 998 offer? It’s a settlement offer with teeth. A 998 offer allows a party to shift costs to the other party. It’s based on CCP § 998. The 998 offer is generally only good for 30 days. You make a 998 offer by using the required statutory language under CCP § 998 and related case law. Here’s how…