How does the Howell rule impact Code of Civil Procedure section 998 offers? The Fifth District Court of Appeal recently answered that question. The plaintiff served defendants with a $1,000,000 section 998 offer that was not accepted. Defendants moved in limine under Howell to permit only the introduction into evidence of paid medical bills. The [...]
In a post last year, the following question was posed regarding dangerous condition of public property liability under Government Code section 835: Should a public entity be liable for injuries when a drunk driver runs another driver off the road and into a tree under a theory that the tree was too close to the [...]
In an appeal before Division One of the Fourth Appellate District, Daley & Heft obtained a reversal of a trial court order denying an anti-SLAPP motion on a defamation cause of action. Although finding the anti-SLAPP statute applied to the defamation cause of action—which was based on three pre-litigation communications --, the trial court denied [...]
In an appeal handled by Daley & Heft partner Lee H. Roistacher, the Court of Appeal agreed that primary assumption of the risk applies to a person on a stage. A musician setting up his equipment on stage fell off the stage. Recognizing the trend of applying primary assumption of the risk (Daley & Heft [...]
