Delivery Driver’s Personal Injury Action Barred By Assumption Of Risk

In Stephen Moore v. William Jessup University, plaintiff Stephen Moore (“Moore”), a United Parcel Service (“UPS”) delivery driver, was injured when he lifted a box with a shipping label prepared by defendant William Jessup University (“University”) that inaccurately stated the weight of the box.  The trial court granted summary judgment in favor of the University on Moore’s sole cause of action for negligence.  In rendering its decision, the court found that the University owed Moore no legal duty of care and that the doctrine of primary assumption of risk barred Moore’s action.  Read More

Objecting Class Member Lacks Standing To Appeal

In Hernandez v. Restoration Hardware, Inc., the class representatives alleged that Restoration Hardware (“RHI”) had committed numerous violations of California Civil Code section 1747.08, also known as the Song-Beverly Credit Card Act, for requesting and recording ZIP codes from consumers who used a credit card in purchase transactions in RHI’s California retail stores.  After years of litigation, the court certified the case as a class-action, appointed Michael Hernandez and Amanda Georgino as class representatives (collectively referred to as “Hernandez”), and appointed counsel for the class. Read More

Government’s Inadvertent Release Of Privileged Records Does Not Waive Privilege

In Estuardo Ardon v. The City of Los Angeles, Estuardo Ardon served the City of Los Angeles with two requests for production of documents relating to a tax dispute.  Plaintiff Ardon also served a subpoena for production of business records on the League of California Cities, of which the City is a member.  The City produced some records, together with a privilege log listing 27 documents it was withholding on the basis that they were privileged.  Read More

California Deficiency Judgments Following Residential Short Sales Are Unenforceable As A Matter Of Law

In Carol Coker v. JP Morgan Chase Bank, et al., the California Supreme Court recently upheld an Appellate ruling which found that the anti-deficiency provisions of California Code of Civil Procedure Section 580b also apply to residential properties sold by short sale.

Under California Code of Civil Procedure Section 580b, when an individual borrows money from a bank to buy a home and the bank forecloses on the home, the bank can collect proceeds from the foreclosure sale but nothing more.  Read More

Making Settlement Checks Jointly Payable May Get You Sued

Under Government Code section 23004.1, counties can seek reimbursement for medical expenses rendered at county expense to individuals injured by the acts of others.

In County of Santa Clara v. Javier Escobar, the County sued Escobar when it did not receive payment for a medical lien which it had properly asserted.  Previously, Escobar, an employee of Fresh Express, Inc., (“Fresh Express”) had injured a third party in a vehicle accident.  Read More