CASE: Jose Verdusco v. Andy Mar, County of San Mateo Assault, False Imprisonment, Intentional Infliction of Emotional Distress (IIED), Negligent Infliction of Emotional Distress (NIED), and Civil Rights Violation (Civil Code Section 51.7, Freedom from Violence under Ralph Civil Right Act). SETTLEMENT. $415,000 paid by defendants as follows: $215,000.00 from… CONTINUE
How does a victim of domestic violence communicate private, possibly embarrassing experiences and events to her lawyer?
This is where the attorney-client relationship is absolutely critical. I spend as much time as I can with my clients discussing the domestic violence incident itself, but also all of the dynamics surrounding the incident and her relationship with the perpetrator. If a person does not feel entirely comfortable speaking… CONTINUE
Sources of Evidence in a Domestic Violence or Sexual Assault Case
My sources of evidence in a domestic violence cases include police investigation materials, prior convictions of the perpetrator, medical records, psychotherapy records, photographs, eye witnesses, and even the defendant’s friends, relatives, children, and prior victims. I look for prior lawsuits, restraining orders involving the perpetrator, witnesses in the perpetrator’s workplace,… CONTINUE
The domestic violence victim’s right to the police report
California Family Code Section 6228* entitles the domestic violence victim to the police report. She should always ask for one and seek a confidential consultation with a civil attorney who handles civil domestic violence cases. California Family Code Section 6228 (a) State and local law enforcement agencies shall provide, without charging… CONTINUE
Dog Bite: Criminal Acts and Homeowner’s Policies
Most homeowners’ policies specifically exclude criminal acts and intentional acts. So, the insurance company would likely assert that it is not responsible. Whether the insurance company prevails in that situation would really depend on the facts of the case. For example, if the insurance company insures your Rottweiler and it… CONTINUE
Economic Damages and Non-economic Damages
Economic Damages are damages to one’s pocketbook, and non-economic damages are damages to one’s heart and psyche. Economic damages are items such as the cost of medical care, medication, physical therapy, psychotherapy, lost income, lost earning capacity, and loss of household services. Non-economic damages are intangible items such as sadness,… CONTINUE
Does California Penal Code 399 apply to people who are subject to those cases where you sue for punitive damages, such as people who have dogs that have bitten multiple times?
Yes. The words “dangerous animal” do have a legal connotation. “Dangerous animal” normally implies that the animal has a known dangerous propensity; either because it is wild in nature, or because it has a history of vicious behavior.
Actionable Burn Injuries
Actionable burn injuries may come from any number of sources, including explosions, hot liquids, flames, steam, electrical currents, radiation, and strong chemicals, such as paint thinner or gasoline. Burns may also come from sources like homes, restaurants hotels, and defective products. Our firm has also seen a number of clients… CONTINUE
Preventing Serious Injuries While Riding a Motorcycle
Motorcyclists are inherently vulnerable to accidents that cause death and catastrophic injuries. Ride defensively. Use your lights. Maintain a safe distance from other vehicles. Scan for traffic far out so that you can anticipate potential problems upstream. Avoid situations that are beyond your skill and experience. I advise my motorcyclist… CONTINUE
Multiple Injury Victims in a Motorcycle Accident
Let’s say your friend is riding a motorcycle in San Francisco and you are his injured passenger. Could a motorcycle accident lawyer take both of them as clients? If there is a real dispute as to whether your friend might be at fault, this means you, the motorcycle passenger, may… CONTINUE