Category Archives: Personal Injury

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Attorney Liens May Be Resolved Against Client and Competing Counsel in One Action

A recent California Court of Appeal decision addresses a recurring procedural issue in contingent-fee litigation: how attorneys enforce competing liens against settlement proceeds. In Jacobs v. Papez (2026), the Third District held that an attorney may pursue a single declaratory relief action against both the client and a competing attorney, without first litigating the lien …

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Ratifying Settlement After Firing Lawyers Still Obligates Client to Pay Contingency Fee

A recent decision from the California Court of Appeal highlights a critical principle in contingency-fee litigation: a client who later ratifies a settlement negotiated without prior authorization may still be obligated to pay the original attorneys their full contractual fee. In Chong v. Mardirossian Akaragian LLP (2025), Division Five of the Second District Court of …

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Court of Appeal Rejects Attorney Fee Award for Lawyer Representing Spouse

A recent California Court of Appeal decision clarifies an issue that occasionally arises in litigation involving attorney spouses: when can a party recover attorney fees if the legal work was performed by their husband or wife? In Honchariw v. PMF CA REIT (2025), the Court of Appeal held that the key question is not whether …

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The “Trojan Horse” Initiative: Why Uber’s 25% Fee Cap Threatens California Accident Victims

In the legal world, a name can be a powerful tool—or a clever disguise. Currently circulating for the November 2026 California ballot is a measure titled the “Protecting Automobile Accident Victims from Attorney Self-Dealing Act.” On its face, the initiative sounds like a win for consumers. It promises to ensure that accident victims retain at …

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Mediation vs. Arbitration: How Each Can Affect Your Settlement

Not every personal injury case ends in front of a judge or jury. Many claims are resolved through mediation, and in some cases, arbitration—before a trial date arrives. Understanding mediation vs arbitration can help you see who will decide your case, how the process works, and whether you will have control over the outcome. If …

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Court of Appeal Sanctions Firm for False Notice of Settlement

Division One of the Fourth District Court of Appeal imposed a $3,000 sanction against Laurel Employment Law, APC, after the firm filed a notice stating the case had settled when, in fact, it had not. The misrepresentation led the court to cancel a scheduled oral argument before learning from opposing counsel that no final agreement …

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Ninth Circuit Denies Qualified Immunity Over 36-Day Warrant Delay

In Langham v. Noyd, the Ninth Circuit affirmed the denial of qualified immunity to a police officer who waited 36 days to obtain a warrant to search a seized cellphone. The panel held that the delay violated the Fourth Amendment because it was longer than reasonably necessary under clearly established law. The court relied in …

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Court of Appeal Vacates $14M Verdict for Expert Disclosure Violation

Division Eight of the California Court of Appeal vacated a nearly $14 million jury verdict in a personal injury lawsuit involving a low-impact traffic accident after finding the trial court improperly allowed a late-disclosed expert to testify. The plaintiff disclosed a new spinal surgeon just seven court days before trial without seeking court permission or …

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Court of Appeal Clarifies CCP §473(b) Relief After an Uncontested Trial

Division Six of the California Court of Appeal recently clarified how Code of Civil Procedure §473(b) applies when a party fails to appear for trial. The court held that discretionary relief may be available, even after an uncontested trial, but the statute’s mandatory relief provision does not apply in that situation. The case arose after …