A Recent Victory for Undocumented Injured Victims: AB 2159 was approved and signed by Governor Jerry Brown on August 17, 2016. It essentially overturns about 30 years of case law that allowed defendants to escape paying full compensation to an injured victim who happened to be an illegal immigrant. The bill states, "[I]n civil actions for [...]
Is the at-fault party legally required evidence preservation? No. California Law does not require evidence preservation from anybody. The California Supreme Court ruled that there is no separate tort for intentional spoliation or destruction of evidence, i.e. valid legal reason to sue. Cedars-Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1. The Court held that [...]
Street Lights in Auto Accidents: Is a public entity liable for injuries to a party involved in a motor vehicle accident, when it fails to install or maintain street lights in an operable condition? The general answer is no. Under Government Code 835, a public entity is liable for an injury caused by a dangerous condition [...]
Mandatory Uninsured or Underinsured Motorist Coverage Have you ever been hit by a driver that is uninsured? Have you ever been a victim of a hit and run? What happens now? You report it to your insurance and they say something like, “Sorry, but you didn’t purchase Uninsured Motorist Coverage, so we can’t cover you.” Your [...]
