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Tag Archives: L.A. attorneys

Limits on Malicious Prosecution Claims in California

By Robert Ross |

CERTAIN SITUATIONS BAR OR LIMIT MALICIOUS PROSECUTION CLAIMS Under California law, the existence of certain facts and situations can make it impossible (or difficult) to file a malicious prosecution claim. Generally, these situations create “privileges” on behalf of certain defendants (or potential defendants) rendering them immune from malicious prosecution suits or liable only in… Read More »

Negligence in “Special Relationship” Cases

By Robert Ross |

Most Negligence Cases Require the Breach of a Legal Duty by the Defendant. The elements of a general negligence cause of action are: 1. The existence of a legal duty. 2. The defendant’s breach or violation of that legal duty (either through an affirmative action or by failing to act when action was required). 3…. Read More »

What Duty do Land Owners Owe to Minors?

By Robert Ross |

GENERALLY, LAND OWNERS (AND POSSESSORS/MANAGERS) MUST PROTECT MINORS FROM REASONABLY FORESEEABLE HARM. People who own, control, or possess property generally have a duty to prevent reasonably foreseeable harm to children. This includes naturally-occurring hazards, artificial or constructed hazards (including, but not limited to, harms resulting from attractive nuisances like construction sites), and hazards caused… Read More »

Understanding Damages in Legal Malpratice Cases (Part 1)

By Robert Ross |

DAMAGES ARE A MANDATORY ELEMENT OF A PLAINTIFF’S CLAIM FOR LEGAL MALPRACTICE. If the plaintiff cannot demonstrate that (s)he has actually suffered damage (as a result of the attorney’s breach of a legally recognized duty), the plaintiff cannot prevail, even if the attorney did actually breach a legally recognized duty to the plaintiff. This is true… Read More »

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