Law Updates

(Medical Liability) The trial court was correct in declining to give an instruction on abandonment of patient because evidence showed that defendant doctor was not in charge of patient’s care....

Consumer Law) Through their websites’ design, website providers must ensure consumers are adequately notified of contractual terms they are agreeing to by making those terms clear and conspicuous. Tina Sellers...

Disability Discrimination) In cases alleging Americans with Disabilities Act and Unruh Act violations, courts may properly decline supplemental jurisdiction due to exceptional circumstances but must do so before adjudicating the...

(Statute of Limitations) Plaintiff’s complaint was time-barred because it alleged a cause of action for professional negligence, rather than general negligence, rather than general negligence or premises liability. Stacy Mitchell...

(Self-Referral) Disclosure of financial interest to patients did not excuse a physician when he referred patients to other entities that he owned. Sanjoy Banerjee v. The Superior Court of Riverside...

(Expert Testimony) An expert’s declaration that purportedly contradicted his earlier deposition should have been considered on summary judgment because the declaration did not prejudice the opposing party. Beth Harris v....

(Arbitration) 100-day deadline to file petition to vacate arbitration award cannot be altered by agreement. Law Finance Group, LLC v. Sarah Plott Key (No. B305790 Los Angeles County Super. Ct....

(Arbitration) Party clearly, unmistakably consents to arbitration where party willfully participates in proceeding without objection, asks arbitrator to issue order and tries to rescind participation after arbitrator denies request. Clayton...

(Attorney Fees) Prevailing parties entitled to contractual attorney fees and costs even though underlying contracts that were basis for fees were declared void. California-American Water Co. v. Marina Coast Water...

(Elder Abuse Act) In case alleging death following unnecessary pacemaker surgery, trial court errs in summarily adjudicating elder abuse cause of action. Stewart v. Superior Court (St. Joseph’s Health). (No....