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 →
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 →
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 →
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 →