Author Archives: admin

Cal. Civ. Proc. Code §998 Settlement Offers and Their Limitations – Ignacio v. Caracciolo, 2016 WL 4131379

In Ignacio v. Caracciolo, 2016 WL 4131379, Plaintiff was a pedestrian who was injured when she was struck by Defendant’s vehicle. Plaintiff sued defendant for motor vehicle and general negligence. Defendant’s counsel eventually conveyed to Plaintiff’s counsel a settlement offer…

V&R Victory in 42 U.S.C. § 1983 Case

The Firm successfully defended a Federal Section 1983 civil rights lawsuit for wrongful arrest and use of force brought against a Los Angeles World Airports Traffic and Safety Officer.  The trial occurred in the United States Federal District Court, the…

Public Entities and the Right to Indemnify: The Consequences of Chang v. County of Los Angeles

On November 5, 2007, three Los Angeles County Sheriff’s Deputies assaulted an inmate by spraying pepper spray in his genital region. The inmate later sued the deputies for battery and civil rights violations under 42 U.S.C. § 1983. The County…

Fallen Tree Court of Appeal Case Reinforces Natural Condition Immunity

Recently, the California Court of Appeal analyzed the protection that public entities are afforded when there are incidents involving natural conditions on unimproved properties. In endorsing the “natural condition” immunity, the court emphasized the important policy considerations at play to…

Disability Discrimination Claims Do Not Require Proof of Employer’s Animosity or Ill Will

On February 25, 2016, the California Court of Appeal held in Wallace v. County of Stanislaus, 245 Cal. App. 4th 109 (2016) that proof of an employer’s animus or ill will is not required in a disability discrimination action.  Moreover,…

$1M Verdict Reversed in Fire Department Discrimination Case

The California Court of Appeal recently reversed a verdict awarding the plaintiff $1 million in compensatory damages in Jumaane v. City of Los Angeles, 241 Cal. App. 4th 1390 (2015). Plaintiff, Jabari Jumaane, sued the City of Los Angeles for…

Neighbors Beware: Trimming Overhanging Tree Limbs May Result in Damages for Lost Aesthetic Value

In Rony v. Costa, 210 Cal. App. 4th 746 (2012), Paolo Costa hired an unlicensed day laborer to remove tree limbs from his neighbor’s Monterey cypress that were overhanging onto his property. While property owners are generally permitted to cut…

California Supreme Court Decision Strengthens the Design Immunity Defense

Recently, the Supreme Court of California provided a strong affirmation and endorsement of the design immunity defense and the discretionary approval provided by a qualified employee to a reasonable design, so that their decision making is not open to interpretation…