News and Events

  • Voluntary Dismissal Exposes Plaintiff To CCP Section 998 Penalties

    In Mon Chong Loong Trading Corp. v. Superior Court , the Second Appellate District confronted an issue of first impression; whether a voluntary dismissal subjects a plaintiff to CCP section 998 penalties.  The court concluded that it did.  A plaintiff may fail to obtain a more favorable judgment or award by failing to obtain any award […]

  • Guidance Provided Regarding Government Entity Obligations Under Title II of the ADA To Provide Curb Ramps Upon Resurfacing Of Existing Streets, Roads and Highways

    Under Title II of the Americans With Disabilities Act, a public entity must install curb ramps where street level pedestrian walkways cross curbs  when a street, highway or roadway is altered.  Alterations include reconstruction, rehabilitation, resurfacing, widening and similar projects.  Maintenance activities are not considered alterations.  Over the past few years, state and local governments […]

  • Successive CCP 998 Offers: Which One Trumps?

    Raymond Martinez, et al. v. Brownco Construction Company, Inc. Filed June 10, 2013 California Code of Civil Procedure Section 998 provides that if a settlement offer made by a plaintiff is not accepted, and the defendant fails to obtain a more favorable judgment or award in any action or proceeding, the court or arbitrator, in […]

  • Corenbaum v. Lampkin: Court of Appeal Slams the Howell Door on Personal Injury Plaintiffs

    The Court of Appeal, Second Appellate District, Division Three filed its decision in Corenbaum v. Lampkin, B236227, on April 30, 2013. The decision dealt personal injury plaintiffs a serious blow, closing the door on two potential openings left by the Supreme Court’s Howell v Hamilton Meats case. In Howell, the Supreme Court limited personal injury […]

  • US Supreme Court Limits Warrantless Forced Blood Draw in DUI Investigations

    April 17, 2013.  Missouri v. McNeely.  Mr. McNeely was stopped by a Missouri police officer for speeding and crossing the centerline. After declining to take a breath test to measure his blood alcohol concentration (BAC), he was arrested and taken to a nearby hospital for blood testing.  The officer never attempted to secure a search […]

  • California Supreme Court Grants Review in Primary Assumption of Risk Case

    April 10, 2013.  In Gregory v. Cott (2013) Cal.App.4th 41 (rev. granted 4/10, S209125)Gregory, an in-home caregiver for an Alzheimer’s patient was injured when the patient lunged at her.  The Second Appellate District, Division Five, upheld the trial court’s conclusion that primary assumption of the risk barred a caregiver’s claims for injuries against the patient and […]

  • Daley & Heft Wins Appeal for City of El Cajon in Dangerous Condition Case

    March 28, 2013.  The Court of Appeal, Fourth Appellate District, issued its unpublished opinion affirming the trial court’s granting of the City of El Cajon’s summary judgment in a very serious brain injury case.  In 2008, plaintiff James Cox was riding his bicycle at 10:00pm eastbound on El Cajon Boulevard, approaching the westbound I-8 onramp […]

  • Seven Daley & Heft Lawyers Named San Diego’s Top Lawyers for 2013

    San Diego magazine has named seven of Daley & Heft’s lawyers as among San Diego’s top lawyers in its March 2013 edition.  To create its list of top lawyers, San Diego Magazine identified lawyers who have been rated by their peers to be AV Preeminent®, the highest Peer Review Rating™ available.  This is quite an […]