Recent Blog Posts
When Do California Courts Deny Applications For Pro Hac Vice Admission?
This post is part of our continuing series on pro hac vice admission in California* PRO HAC VICE ADMISSION IS NOT GUARANTEED Pro hac vice admission grants a licensed out-of-state attorney permission to appear as counsel in a California court in association with a given legal matter. Generally speaking, pro hac vice admission exists as… Read More »
How Does an Attorney Apply for Pro Hac Vice Admission in California?
WHAT IS THE PROCESS TO GAIN PRO HAC VICE ADMISSION IN CALIFORNIA? An attorney licensed in a U.S. state or territory other than California, who wishes to appear as counsel on a pro hac vice basis in a California superior court must file (a) a verified application and (b) proof of service by mail… Read More »
What is “Pro Hac Vice” Admission, and Why is it Important?
WHAT IS PRO HAC VICE ADMISSION? The Latin phrase pro hac vice means “for this occasion only.” In the practice of law, the phrase refers to the practice of a lawyer who is not admitted to practice in a certain jurisdiction (but who is licensed in another jurisdiction) being permitted to participate as counsel in a single, specific… Read More »
Does An Appeal Stay Enforcement of A California Judgment?
The short answer is: it can. But, as with most legal issues, the question posed in the title can’t be answered with a simple “yes” or “no.” California Code of Civil Procedure (CCP) Section 916 stays enforcement of certain judgments during the pendency of an appeal. This means that, in qualifying cases, filing an appeal… Read More »
Are Property Owners Liable For Contractors’ Mistakes?
NON-DELEGABLE DUTIES CAN CREATE LEGAL LIABILITY FOR LAND OWNERS WHEN A CONTRACTOR ACTS NEGLIGENTLY Many property owners hire contractors and assume, if anyone is injured during construction, that the contractor will bear the legal liability for the injury. However, this is not always true. California law imposes certain duties on the owner or possessor… Read More »
Res Ipsa Loquitur – Inferring Causation in Negligence Cases
Plaintiffs Generally Must Prove All Elements Of A Case With Legally Admissible Evidence. Generally speaking, an injured plaintiff must prove all elements of his or her case in order to prevail. In negligence cases, this means proving: (1) the existence of a legally-recognized duty, (2) the defendant’s breach of that duty, (3) recoverable damages,… Read More »
Does a Business Owe a Duty of Care to Customers?
“PUBLIC” BUSINESSES OWE A DUTY OF CARE TO PERSONS WHO ENTER When a business is open to the public, the owners of the business owe a duty of reasonable, ordinary care to the people who enter the business premises. The business owner must take reasonable steps to prevent customers being exposed to hazards or… Read More »
When Must Property Owners Warn of Hazards?
PROPERTY OWNERS HAVE A DUTY TO WARN ABOUT KNOWN HAZARDS ON THE LAND. Simply put, California property owners – and those in possession and control of land – have a duty to warn people about known hazards on the land. This includes both hazards about which the property owner has actual knowledge and those… Read More »
What is “Negligence Per Se”?
NEGLIGENCE “PER SE” CREATES A PRESUMPTION OF NEGLIGENCE IN CERTAIN CIRCUMSTANCES Negligence “per se” arises in situations where a statute (law) or other applicable regulation establishes a standard of care, a defendant breaks the law (thereby violating the standard of care) and injury results. Negligence per se creates a presumption that the defendant’s actions were… Read More »
The Duty to Protect Against Third Party Crimes
SPECIAL RELATIONSHIPS MAY GIVE RISE TO A DUTY TO PREVENT FORESEEABLE CRIMES Generally speaking, the law does not require people to protect others against the possibility of third party crimes. However, property owners (and those in possession or control of land) may have such a duty where a legally-recognized “special relationship” exists between the… Read More »
