March 7, 2022, the California Supreme Court decided Berroteran II v. Superior Court, cited as 12 Cal.5th 867.
The holding is important, but particular as it relates to whether a party can use a deposition of a party who is unavailable for trial, per California Evidence Code 1291(a)(2).
By, Eric Ganci
If there is a car accident or crash, you are injured from that crash, and there is a police report of the crash: can that police report or traffic collision report come into a civil trial as evidence?
Before I write this: a shout out to my colleagues with Casey Gerry, Trial Lawyers College San Diego Local Group, and Consumer Attorneys of San Diego. These people helped me geek out on this topic and gave solid insight.
USA Waste-Management Resources, LLC (“Waste Management Resources”) has reported a data breach that occurred on January 21, 2021.
According to the notice sent out to those impacted, an unauthorized party gained access to the company systems between January 21 and 23, 2021.
Timing is such a crucial part of life. Yes, a very broad, very general statement. But it connects with everyone.
Let me narrow it down a touch: timing can be crucial when serving a demand to settle against another party.
First, a little background to set up the discussion regarding this January 13, 2022 California Supreme Court decision Segal v. ASICS, cited as 12 Cal.5th 651.
In California, if you file a lawsuit against another party, if the case does not resolve, the case may go to trial.
When driving in California, there are right-of-way laws that motorists and pedestrians are required to obey to keep themselves and others on the road safe. Failing to observe them can result in penalties, or worse, a severe accident.
If you are jogging on someone’s property and injure yourself…can Defendant be liable for negligence or failing to properly maintain their premises? The answer is “it depends”…it usually is in the law…but this February 4, 2022 decision Rucker v.
