Law Updates

(Expert Testimony/Hearsay) In case involving appointment of conservatorship, permitting jury to consider case-specific hearsay testimony of psychiatrist violates “Sanchez,” but reversal not warranted where error is harmless. Koper v. K.W.....

(Notice of Intent) In medical malpractice action, letter sent by plaintiff's intent to sue cannot toll statute of limitations given plaintiff’s earlier letter expressing such intent. Kumari v. The Hospital...

(Retaliation/Elder Abuse) Summary adjudication of statutory retaliation claim in favor of doctor and hospital upheld where wife lacked standing to assert action regarding late husband's care. N.B. v. Doe Hospital....

(Medical Board Investigation) Business and Professions Section 2225 abrogates psychotherapist-patient privilege for purposes of medical board’s investigation of a psychiatrist, permitting disclosure of patient records. Cross v. Superior Court (Kidane)....

(Attorney Client Privilege) Disqualification of law firm appropriate following firm’s violation of ethical obligations regarding use of inadvertently disclosed privileged email. McDermott Will & Emery LLP v. Superior Court (Hausman)....

August case law of interest refer to a variety of legal issues involving: Offers to Compromise, Jurisdiction, Application of MICRA Statutes, Expert Witness Qualification and Anti-SLAPP motions. At least one...

June and July 2016 brought several legal developments to issues involving: Assumption of the Risk, Defamation, Health Plan Liability, Medical Board Discipline, Attorney Client Privilege and Premises Liability. At least...

(Attorneys) Case properly dismissed due to plaintiff counsel's ‘flagrant’ and repeated violation of trial court's evidentiary orders. Osborne v. Todd Farm Service. (2d Civil No. B260280, Super. Ct. No. 56-2012-00416941-CU-PO-VTA,...

(Employee Seating) California Supreme Court clarifies when employers must provide employees a seat, settling Industrial Welfare Commission’s seating provisions. Kilby v. CVS Pharmacy Inc. (No. S215614, California Supreme Court, April...

(Offers to Compromise) Defense judgment affirmed except as to award of expert witness fees under Code of Civil Procedure Section 998 for fees incurred before offer to compromise. Toste v....