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Should I Get Uninsured Motorist Coverage?

Should I Get Uninsured Motorist Coverage?

Most auto insurance agencies offer a coverage option for accidents with an uninsured (or underinsured) motorist. While it is a legal requirement as a motorist to be insured, this doesn’t mean it’s safe to assume that the other driver will have sufficient insurance, if any insurance at all. In the event of a serious accident, things like medical bills, lost…read more →

Carmageddon Returns

Carmageddon Returns

One of the busiest freeway stretches in the United States will be shutting down again for 53 hours on September 29th, 2012. The second phase of the $1-billion upgrade will temporarily shut down the 405 from the 10 to the 101 freeways. The Not-So-Apocolyptic Carmageddon Many predicted that when the freeway was first closed for roadwork last summer that it…read more →

Brain Injuries From Accidents and Falls

Brain Injuries From Accidents and Falls

With over a million people affected each year by traumatic brain injuries in the United States alone, it is important to recognize the causes that can result in a life-altering disability. There are a variety of causes that can result in a brain injury. Natural caused illnesses,  adverse effects of medication or medical treatment, and head trauma injuries. Widespread brain…read more →

Elements for Proving the Existence of Agency in a Tort Cause of Action

Civil Code section 2295 provides: “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.” “The existence of an agency is a factual question within the province of the trier of fact whose determination may not be disturbed on appeal if supported by substantial evidence.” (L. Byron Culver & Associates…read more →

Elements for Proving a Cause of Action in Tort for Intentional Infliction of Emotional Distress

CACI 1600. Intentional Infliction of Emotional Distress – Essential Factual Elements:nm [Name of plaintiff] claims that [name of defendant]’s conduct caused [him/her] to suffer severe emotional distress. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant]’s conduct was outrageous; 2. [That [name of defendant] intended to cause [name of plaintiff] emotional…read more →

Elements for Proving a Cause of Action in Tort for Assault

CACI 1301. Assault – Essential Factual Elements: [Name of plaintiff] claims that [name of defendant] assaulted [him/ her]. To establish this claim, [name of plaintiff] must prove all of the following: [1. That [name of defendant] acted, intending to cause harmful [or offensive] contact; 2. That [name of plaintiff] reasonably believed that [he/she] was about to be touched in a…read more →

Elements for Proving a Cause of Action in Tort for Battery

CACI 1300. Battery – Essential Factual Elements: [Name of plaintiff] claims that [name of defendant] committed a battery. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] [touched [name of plaintiff]] [or] [caused [name of plaintiff] to be touched] with the intent to harm or offend [him/her]; 2. That [name of…read more →

Elements for Proving a Cause of action in Tort for Negligence

California Civil Jury Instructions (CACI) CACI 400. Negligence – Essential Factual Elements: [Name of plaintiff] claims that [he/she] was harmed by [name of defendant]’s negligence. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] was negligent; 2. That [name of plaintiff] was harmed; and 3. That [name of defendant]’s negligence was…read more →