Injury And The Law – Proving Past Medical Expenses
To recover past medical expenses, the injured must prove that the medical services were attributable to the accident; that they were necessary, and that the charges were reasonable. See Calhoun v. Hildebrandt, (1964) 230 Cal. App. 2d 70, 73. This rule has been well settled in California, in that
Injury And The Law – Medical Device Injuries & The Two-Year Statute
There is a two-year statute of limitations to file suit for "assault, battery, or injury to, or for the death of, an individual cuased by the wrongful act or neglect of another." See C.C.P. § 335.1. However, when the cause of the injury is not readily ascertainable, as is the
Products Liability Injuries and Dangerous Drugs – The Standard for Manufacturer Liability
Dangerous Drugs are the source or cause of severe injuries suffered by patients and those prescribed the harmful drug. The California Supreme Court in Brown v. Superior Court, (1988) 44 Cal. 3d 1049, wrestled with the question of whether strict liability theories would be applied to Drug Manufacturers whose product, after
Seeking Justice – Punitive Damages May Be Awarded In Products Liability Actions
Punitive or exemplary damages are authorized in California pursuant to Cal. Civ. Code § 3294. Punitive damages area way for our civil justice system to punish and deter bad actors. In Products Liability claims, punitive damages may be awarded where a plaintiff can prove oppression, fraud or malice. See Hasson v. Ford
Injury And The Law – Two Year Statute for Injury or Death Actions
Courts enforce Statutes of Limitations. You must know your rights. Victims of personal injury or wrongful death actions must be aware of the time frame to which their claims may be brought. Generally, there is a two-year statute of limitations to file suit for "assault, battery, or injury to, or for
Condo Damage & HOA Disputes – When Plumbing and Pipes Constitute Common Area
Many of the Condo Damage and HOA disputes we handle for our homeowners involve failing pipes and plumbing fixtures which result in damage to the homeowner’s unit. Plumbing failures are an unfortunate part of owning a unit subject to an association. Problems arise when the HOA Board decides that it
Condo Damage & HOA Disputes – Discretion of the Board and the Legal Standard
Many HOA disputes originate from a board’s decision and how a decision may impact a particular homeowner. The CC&Rs authorize Boards to make decisions that will benefit the association. While an HOA cannot enforce a rule that is arbitrary or serves no benefit to the HOA, California Courts give a
HOA Disputes – Common Area Failures Can Support Condo Damage Claims Against HOAs
Many of the cases our Los Angeles HOA Dispute Attorneys handle are condo damage cases brought after common areas fail and damage the homeowner's unit. Common areas (plumbing, electrical, waterproofing, roof, landscaping/irrigation) fail. It's simply a matter of fact. Often times, deferred maintenance or an HOA's failure to exercise reasonable care
Condo Damage and HOA Disputes – Modifying HOA Conduct Through Litigation
Many HOA disputes arise from an HOA's refusal to act or otherwise comply with its responsibilities under its CC&Rs. Sometimes disputes arise from the most trivial action or inaction taken by the HOA Board. Homeowners are then faced with the proposition of litigating and incurring attorney fees in order to