California Municipal Law Blog

Municipal Law Blog

Legal updates on current legislation and court cases affecting California local government

Category Archives: Damages

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How to Effectively “SLAPP” Back

Posted in Damages
SLAPP stands for “strategic lawsuit against public participation” and is perfectly named. The whole point of the lawsuit is to intimidate people into submission. The goal is not necessarily to win the case; it is to make life so difficult and expensive that the defendant just gives up and goes away. Many states, starting with… Continue Reading

Howell and Uninsured Plaintiffs

Posted in Damages
A new case came out from the 4th District Court of Appeal applying the Howell rule to uninsured plaintiffs. Bermudez v. Ciolex. The plaintiff in this case was an uninsured pedestrian.  His medical bills were $450,000, none of which were paid.  He requested $691,000-984,000 in future medical expenses. Defense counsel argued the necessity and reasonableness of… Continue Reading

State Supreme Court Expands Government Liability for Dangerous Condition of Public Property

Posted in Damages, Public Works, Recent Court Decisions, Streets and Sidewalks
A car driving along a road is sideswiped by another car, causing it to veer into a median and hit a tree.  Tragically, all but one of the car’s occupants is killed; the sole survivor is seriously injured.  Although the driver of the other car was clearly at fault, the city that maintained the tree… Continue Reading