Tag Archives: L.A. attorneys
Limits on Malicious Prosecution Claims in California
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
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?
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)
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 »
