Tag Archives: L.A. County
When Does a Lawyer Owe a Duty of Care to Non-Clients?
GENERALLY, ATTORNEYS OWE NO PROFESSIONAL DUTY TO NON-CLIENTS. The general rule in California (and elsewhere) is that while attorneys owe a professional duty to their clients, and may be held legally liable for a breach of that duty, attorneys owe no such duty to people and entities they do not represent. Since duty is a mandatory… Read More »
Defenses to Malicious Prosecution: Advice of Counsel
Reliance on the Advice of Legal Counsel is an Affirmative Defense to Malicious Prosecution Claims. “Reliance on the advice of counsel” is one of several affirmative defenses available to the defendant in a malicious prosecution action. While substantive defenses attempt to prove the defendant’s innocence of the charges,affirmativedefenses invoke the existence of other facts which excuse a… Read More »
“Judgmental Immunity” in Legal Malpractice
WHAT IS THE JUDGMENTAL IMMUNITY DEFENSE ? The “judgmental immunity doctrine” protects attorneys from liability for legal malpractice in many cases involving unsettled points of law. Courts do not expect, or require, lawyers to predict how a court will settle or resolve an unsettled issue or point of law. As a result, if a lawyer makes… Read More »
Statutes of Limitations on Malicious Prosecution Actions
What is a Statute of Limitations? A “statute of limitations” is a law (a “statute”) describing the length of time a plaintiff has to bring a lawsuit or claim. After the end of the period named in the statute, the plaintiff’s claim is “barred” and normally the plaintiff loses the right to sue and recover… Read More »
Dangerous Conditions on Public Lands
PRIVATE PLAINTIFFS GENERALLY CANNOT SUE GOVERNMENT ENTITIES Most government entities, including those which control public lands, are immune from liability. These governmental defendants be held liable for injuries which occur on the land they own or control only if a statute authorizes the lawsuit. The primary source of government liability for injuries occurring on… Read More »
Nuisances Prohibited–and Permitted–by Law
WHAT IS A “NUISANCE PER SE”? Sometimes, legislatures decide that certain kinds of activities or conditions represent an unreasonable interference with the use and enjoyment of property, and enact laws (called “nuisance statutes”) which establish that these situations are nuisances as a matter of law. HOW DOES “NUISANCE PER SE” IMPACT THE PLAINTIFF’S LAWSUIT?… Read More »
