- (Attorney Client Privilege) Disqualification of law firm appropriate following firm’s violation of ethical obligations regarding use of inadvertently disclosed privileged email. McDermott Will & Emery LLP v. Superior Court (Hausman). (No. G053623, Super. Ct. Nos. 30-2015-00785773 & 30-2015-00785872, California Courts of Appeal, Fourth Appellate District, Division Three, April 18, 2017)
- (Breach of Fiduciary Duty) Grant of nonsuit proper, where claim for breach of fiduciary duty duplicative of claim for profession negligence. Broadway Victoria, LLC. v. Norminton, Wiita & Fuster. (B266060, Los Angeles County Super. Ct. No. SC119091, California Courts of Appeal, Second Appellate District, Division Five, April 19, 2017)
- (Standing) Demurrer properly sustained without leave to amend, where plaintiff lacks standing to bring elder abuse action against her siblings on behalf of their mother. Tepper v. Wilkins. (No. B269900, Los Angeles County Super. Ct. No. BC511863, California Courts of Appeal, Second Appellate District, Division Seven, April 19, 2017)
- (Affordable Care Act) Refusal to allow evidence of plaintiff’s future health benefits results in new trial on amount of his future medical damages. Cuevas v. Contra Costa County. (Nos. A143440 & A144041, Contra Costa County Super. Ct. No. MSC09-D1786, California Courts of Appeal, First Appellate District, Division One, April 27, 2017)
June and July 2016 brought several legal developments to issues involving: Assumption of the Risk, Defamation, Health Plan Liability, Medical Board Discipline, Attorney Client Privilege and Premises Liability.
At least two of the reported cases are worthy of special mention. As well, we also reference below a new California law scheduled to take effect on January 1, 2017 which should serve to limit recovery of medical expenses by a surviving spouse paid by Medi-Cal (Senate Bill 833) in a wrongful death case. Read More
- (Attorneys) Case properly dismissed due to plaintiff counsel’s ‘flagrant’ and repeated violation of trial court’s evidentiary orders. Osborne v. Todd Farm Service. (2d Civil No. B260280, Super. Ct. No. 56-2012-00416941-CU-PO-VTA, California Courts of Appeal, Second Appellate District, Division Six, May 2, 2016).
- (Offers to Compromise) Defense judgment affirmed except as to award of expert witness fees under Code of Civil Procedure Section 998 for fees incurred before offer to compromise. Toste v. CalPortland Construction. (2d Civil No. B256946, Super. Ct. No. 1392249, Santa Barbara County, California Courts of Appeal, Second Appellate District, Division Six, March 2, 2016).
- (Experts) Plaintiff’s expert declarations properly excluded where plaintiff unreasonably failed to disclose expert witness information with defendants. Perry v. Bakewell Hawthorne LLC. (No. B264027, Los Angeles County Super. Ct. No. BC500198, California Courts Appeal, Second Appellate District, Division Two, February 3, 2016).
- (Physician/Patient Duty) Doctor reviewing Workers’ Compensation-provided drug regimen owes physician-patient duty of care to injured worker. King v. CompPartners. (No. E063527, Super. Ct. No. RIC1409797, California Courts of Appeal, Fourth Appellate District, Division Two, January 5, 2016).
Ramon Ortiz, by and through his Conservator, Rebecca Rios-Capellan v. WMC-A, Inc. dba Western Medical Center Anaheim; Integrated Healthcare Holdings, Inc.; and Lisa Castro
Superior Court of Orange County, Orange
Thierry P. Colaw
Martin Collins and Virginia Mitchell Collins v. Stanford Hospital & Clinics
Superior Court of Santa Clara County, Santa Clara
Theodore C. Zayner