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Latest from Evan W. Walker Blog

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

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

  • Exclude First Day Always exclude the first day.