It’s not what you look at that matters, It’s what you see. Henry David Thoreau
A driver hits a pedestrian in California. Who’s at fault? Generally, the driver. But there are some things you should know.
First, both the driver and the pedestrian have a duty to use due care. That means both should act reasonably. A driver, however, should…
We do not suffer by accident.Jane Austen
It depends on what you mean by “win.” Let’s define some words first.
Slip and fall cases are a type of premises liability.
Premises liability cases involve 1) premises, such as a shopping stores, parking lots, or grocery stores; and 2) liability, or responsibility, for injuries on the premises. The liability generally belongs…
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,…
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…
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…
The two most powerful warriors arePatience 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
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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…
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…
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…
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…
