NINTH CIRCUIT-INVENTED PROVOCATION DOCTRINE ABOLISHED BY UNITED STATES SUPREME COURT In a May 30, 2017 opinion, the Unites States Supreme Court stopped in its tracks a doctrine invented by the Ninth Circuit: “If law enforcement officers make a “seizure” of a person using force that is judged to be reasonable based on a consideration of [...]
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FIRM WINS GRANT OF SUMMARY JUDGMENT IN CITY OF MURRIETA FEDERAL CIVIL RIGHTS SHOOTING CASE: QUALIFIED IMMUNITY PROTECTS DEFENDANT POLICE OFFICER The City of Murrieta and one of its veteran police officers was sued for alleged excessive force in Federal District Court, Central District. The case was Duane Bowen v. City of Murrieta. Plaintiff [...]
We are pleased to announce that Mitchell Dean is now a member of the American Board of Trial Advocates (ABOTA). ABOTA is a national invitation-only organization. Prospective members must have extensive jury trial experience, possess additional litigation experience, and exhibit the virtues of civility, integrity and professionalism.
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 [...]
California Supreme Court Sets Oral Argument in Important Dangerous Condition of Public Property Casedhadmin2015-05-07T18:12:56+00:00
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 [...]
Code of Civil Procedure section 425.16(i) provides “[a]n order granting or denying a special motion to strike shall be appealable under Section 904.1.” Code of Civil Procedure section 904.1(a)(13) provides that an order granting or denying a motion to strike under section 425.16 is immediately appealable. Does this rule change if the matter is a [...]
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 [...]