Law Updates

(Public Entity Immunity) Overruling demurrer with leave to amend was error where plaintiff failed to demonstrate she could allege facts establishing an exception to public entity’s immunity from liability for...

(Elder Abuse Act) In an Elder Abuse Act case, substantial evidence did not support that medical center had a robust caretaking or custodial relationship with elderly patient. Daniel Kruthanooch v....

We are very pleased to provide you once again with our annual overview of select new California laws for 2023 (and beyond) for your consideration. Below you will find a...

(Health Care) Categorical exclusion of adult chiropractic services from Arizona’s state Medicaid program was a violation of the Medicaid Act. Arizona Alliance for Community Health Centers v. Arizona Health Care...

(Open and Obvious) Defendant owed no duty of care to plaintiff who willingly chose to encounter open and obvious dangerous condition without any practical necessity. Abel Montes, SR v. Young...

(Release from Liability) A checklist indicating a sauna “needed repair” was insufficient to show gross negligence by a fitness center. Mansi Joshi v. Fitness International, LLC (No. H048115 Santa Clarita...

(Medi-Cal Lien) The Medicaid Act permits a state to seek reimbursement from settlement payments allocated for future medical care. Gallardo, an Incapacitated Person, by and through her Parents and Co-Guardians...

(Federal Offer of Judgment) Plaintiff’s acceptance of a Rule 68 offer of judgment prevailed over the court’s grant of summary judgment for defendant that was granted while the offer was...

(Immunity) School district was vicariously liable for injuries sustained by student because district’s threat assessment team’s acts and omissions fell outside the immunity provided for mental examinations. Bowe Cleveland v....

(Arbitration) Notwithstanding a delegation clause, the question of whether the parties entered into an agreement to arbitrate is a matter for the court, not the arbitrator, to decide. Jose Mario...