The Law Office of Evan W. Walker

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Evan Walker

Latest from The Law Office of Evan W. Walker

Violence is the last refuge of the incompetent.
Isaac Asimov

Security guards, bouncers, doormen. What exactly are they allowed to do in California?

The job of a security guard is to observe and protect. For example, guard against theft and respond to medical emergencies. Guards should monitor people and situations for danger. Depending on the circumstance, they may have a…

Time is an illusion.
Albert Einstein

New year, new law!

Effective this year is CCP § 999 et seq, which governs time-limited demands in property damage, personal injury, and wrongful death claims. Let’s breakdown the statutory scheme and conclude with what it means in practice.

What Does CCP § 999 Say?

“It is declared to be the public policy of…

Property is surely a right of mankind as real as liberty.
John Adams

Yes, you can.

What Is Nuisance In California?

Nuisance in California is a tort, or civil wrong. You probably heard about other torts, like negligence or battery.

Civil Code § 3479 defines nuisance as “anything which is injurious to health…or is…offensive to the senses, or an obstruction…

We are our choices
Sartre

The personal reasons exception is an exception to the general rule on the standard of real property damages. Here’s some context.

Real property is your home, the land, and things permanently attached to the land, whether natural or artificial. You’re entitled to money if your real property was damaged because of someone’s negligence.

California law…

Trust not too much to appearances. Virgil

What Is Insurance Bad Faith?

Insurance bad faith is when your insurance company doesn’t treat you fairly. Bad faith refers to unreasonable or unfair conduct by an insurance company. An insurance company must give at least as much consideration to you as it does to its own interests.

In California, when an insurance…

Life’s not fair Anonymous

Don’t expect the insurance companies to tell you about the Fair Claims Settlement Act!

The Fair Claims Settlement Act is a collection of laws that govern how insurance companies should act. There’s a lot more to it, especially with bad faith and “unfair and deceptive acts or practices.” But here are some takeaways.

Where Is The…

Doubt thou the stars are fire;Doubt that the sun doth move. Shakespeare

Fire devastates. Fires in California have caused serious damages to people’s homes, personal property, and businesses. It’s important to know the types of damages recoverable in a fire damage claim in California.

You first need to determine whether you have a first or a third party claim. A…

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…