A tragic fire at an Oakland warehouse on December 3, 2016 has killed more than 30 people that were attending a concert.  The Oakland Fire Department continues to recover bodies and it is feared that the number of deaths could increase to as many as 40 to 50. The property where the fire occurred was a warehouse, known as Oakland Ghost Ship, that neighbors claim had been converted to a place where artists lived and worked.  However, the City had not permitted the building for residential use or for use as a concert venue.  The concert, Golden Dorma 100% silk...

The California Court of Appeal recently affirmed a jury award in a personal injury claim against a negligent truck driver and his employer. In this recent case, the plaintiff was rear-ended by the defendant, who was operating a vehicle in the course of his employment. The plaintiff brought suit against the defendants for the back injuries he sustained in the collision. Although the defendants admitted that they were responsible for the collision, they disputed the cause of the plaintiff’s injuries and the amount of his damages. Following a trial, the jury awarded the plaintiff over $2 million in damages. The...

In a victory for the plaintiffs, the California Court of Appeal for the Second District reversed an order by a lower court that had sustained a demurrer by the defendants in a wrongful death action. In the case, the plaintiffs brought suit against several defendants after their father was fatally injured in a construction accident. Their suit included a negligence claim against the property owners that hired the independent contractor employing their father to repair a damaged concrete wall on the premises. The plaintiffs alleged that by providing a forklift and entering into an agreement, the defendants owed a duty...

In a recent decision, the California Court of Appeals reversed a summary judgment order entered by the trial court against the plaintiff, thereby allowing the plaintiff to proceed with his personal injury action against a cable company. In the case, the plaintiff brought suit against the defendant after he sustained injuries tripping over a cable that had emerged from the ground in his yard. The defendant moved for summary judgment before trial, which the lower court granted on the basis that the defendant did not install the cable at issue, and therefore the defendant had no duty of care to...

A California Court of Appeals addressed the issue of whether a nonrelative resident exclusion provision in an insurance policy should be upheld or struck as contrary to public policy. In the case, the driver and his college roommate, a passenger in the vehicle, were involved in a motor vehicle collision. The roommate brought a personal injury claim against the driver and the other motorist as a result of the injuries he sustained in the accident. The driver’s insurance company filed a complaint for declaratory relief, alleging that the roommate was defined as an “insured” under the policy and did not...

A California Appeals Court has held that the victims of a pedestrian accident may proceed with their personal injury case against the city. In the case, the plaintiffs had pressed the pedestrian warning beacon at a crosswalk before crossing the street. As they proceeded to travel across the road, they were struck by a driver who did not see the warning beacon or the plaintiffs. The plaintiffs filed suit against the city, claiming that the pedestrian crosswalk was a dangerous condition on public property. The city moved for summary judgment, contending that it was covered by government design immunity. The...

The California Court of Appeal reviewed a case involving a pedestrian killed by a motor vehicle, ultimately reversing the lower court’s grant of summary judgment and allowing the plaintiffs to proceed with their suit. In this case, the relatives of a pedestrian killed in a motor vehicle collision brought an action against the driver for negligence, as well as against the passenger for willfully interfering with the driver of a vehicle. The passenger filed a motion for summary judgment, which the lower court granted. In the case, the occupants of the vehicle were driving to a drugstore when the front...

The California Court of Appeals reversed a summary judgment order in which the trial court ruled against the plaintiff in a motorcycle accident case. In one recent case, the plaintiff brought a personal injury action against the County to recover for injuries he suffered when his motorcycle went into a drainage ditch alongside a County road. The plaintiff had swerved to avoid hitting the vehicle in front of him, which had suddenly braked, and he was thrown over his motorcycle as he went into the drainage ditch. The plaintiff’s suit alleged that the County’s design and construction of the drainage ditch...

Here is just another example of Lawyers from our firm giving back to our local community. Chantel Fitting, SMCTLA President is shown in this picture donating $12,000.00 to the Samaritan House organization. Samaritan House is a non-profit organization serving low-income families and individuals in San Mateo County since 1974. For more information about this event please click on the link below. https://www.caoc.org/temp/ts_12F7DE27-BDB9-50CE-FF9007B7B9D80A9B12F7DE37-BDB9-50CE-F3DFC7EEE0FB3B4B/1304f-pg48-news.pdf