(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....

(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,...