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(800) 994-4442 • (818) 986-2407
No Recovery, No Fee
in contingency cases
“The rule of respondeat superior is familiar and simply stated: an employer is vicariously liable for the torts of its employees committed within the scope of the employment. Equally well established, if somewhat surprising on first encounter, is the principle that an employee’s willful, malicious and even criminal torts may fall within the scope of his or her employment for…read more →
“Agency and independent contractorship are not necessarily mutually exclusive legal categories as independent contractor and servant or employee are. . . . One who contracts to act on behalf of another and subject to the other’s control, except with respect to his physical conduct, is both an agent and an independent contractor.” [emphais added] (City of Los Angeles v. Meyers…read more →
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 →
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 →
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 →
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 →
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 →
For over 33 years, Frederick S. Schwartz has used his knowledge and experience as a former insurance company attorney to the advantage of his clients in getting them the outcome they deserve. View Full Profile
