Category Archives: Personal Injury

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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 …

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Remote Car-Sharing Company Zipcar Not Responsible for Drunk Driver’s Crash

Tavares v. Zipcar Inc. (2026). A California appeals court ruled that a car-sharing company that lets members unlock cars remotely (using a phone or membership card) is not legally responsible when one of its members drives drunk and causes a crash. Tavares v. Zipcar Inc. (2026). The court said the company does not have a …

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A Requirement that the Insurance Company Consent to a C.C.P. §998 Offer Is Valid

A recent Court of Appeal decision underscores a reality seasoned litigators already understand: personal-injury law rewards precision, experience, and a deep command of procedural strategy. In a significant ruling, Division One of the Court of Appeal reversed a trial court’s denial of prejudgment interest to a prevailing personal-injury plaintiff, clarifying the proper application of Code …