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Tag Archives: plaintiff’s lawyers

What Are Compensatory Damages?

By Robert Ross |

COMPENSATORY DAMAGES ARE THE STANDARD RECOVERY IN NEGLIGENCE CASES As the name suggests, compensatory damages are intended to compensate the plaintiff for the injuries and/or damage (s)he suffered as a result of the defendant’s negligent acts. Plaintiffs must suffer actual, measurable harm in order to recover damages. “Nominal” damages–meaning damages too small for economic measurement,… Read More »

What is “Judgmental Immunity” in Legal Malpractice?

By Robert Ross |

LAWYERS HAVE A DUTY TO ACT REASONABLY IN THE PRACTICE OF LAW. Generally, lawyers are expected to possess the degree of knowledge, and exercise the degree of reasonable care, that competent lawyers exercise when engaged in the practice of law. California lawyers are also supposed to know, or to discover, rules of law which can… Read More »

The Requirements For Bringing a Legal Malpractice Claim

By Robert Ross |

THE ELEMENTS OF A LEGAL MALPRACTICE CLAIM. To prevail on a legal malpractice claim, a plaintiff must prove all of the following elements, to the required degree of proof: 1.  The defendant attorney had a legally recognized duty to the plaintiff; (In addition to other things, proving this element generally includes proof of the existence of… Read More »

Who Can Sue — Or Be Sued — For Trespass?

By Robert Ross |

TRESPASS LAWS PROTECT THE RIGHT TO POSSESSION OF LAND. Trespass claims are designed to protect possessory interests — the right to possess and control real property (usually land, but also buildings and fixtures on the land). A person who has the right to possess and control real property generally has standing to sue for trespass, meaning… Read More »

What is “Trespassing”?

By Robert Ross |

Although sometimes used as a verb–trespassing–the legal name for the cause of action that arises when someone enters another person’s property without permission is actually Trespass. THE ELEMENTS OF TRESPASS. Legally speaking, “trespass” requires: 1. Knowing entry 2. Onto land owned by someone else 3. Without the owner’s permission. IS TRESPASS A CRIME OR A… Read More »

When is an Action “Terminated” for Purposes of Malicious Prosecution?

By Robert Ross |

THE UNDERLYING ACTION GIVING RISE TO MALICIOUS PROSECUTION CLAIMS MUST BE “FINALLY TERMINATED” BEFORE A PARTY CAN BRING THE CLAIM FOR MALICIOUS PROSECUTION.  The elements of a successful malicious prosecution claim include “full, final, and favorable” resolution of the underlying claim. The “favorable” element must be fulfilled in favor of the party claiming malicious prosecution —… Read More »

Imposing Sanctions For Malicious or Frivolous Lawsuits

By Robert Ross |

SANCTIONS ARE PENALTIES IMPOSED ON PEOPLE WHO ABUSE OR MISUSE THE LEGAL SYSTEM. In law and the legal system, “sanctions” refers to a variety of penalties that punish misuse of the law and/or the legal system. Sanctions, like punitive damages, exist to encourage compliance with the law (to discourage misuse of the system) and… Read More »

Showing “Causation” in Premises Liability Cases

By Robert Ross |

CAUSATION IS A MANDATORY ELEMENT OF A PREMISES LIABILITY CLAIM. Like most negligence causes of action, premises liability claims require a plaintiff to prove four basic elements: 1. The existence of a duty on the part of the defendant (generally, a property owner, but also sometimes a person or entity in possession or control of land). 2. The defendant’s breach… Read More »

The Landlord’s Duty To Keep Property Safe for Tenants

By Robert Ross |

LANDLORDS HAVE A LEGAL DUTY TO KEEP RENTAL PROPERTIES REASONABLY SAFE. The general rule in California states that every landlord has a legal duty to keep the properties (s)he owns “reasonably safe” for tenants and others who do or might enter the property. Also, the law considers anyone who visits a rental property to… Read More »

Certain Client Behaviors Provide a Defense to Legal Malpractice

By Robert Ross |

In some situations, the client’s conduct may provide (or contribute to) a lawyer’s defenses in a malpractice case. While “blaming the client” may feel unfair to some people (especially clients), there are situations where the client’s behavior legitimately excuses or contributes to the lawyer’s negligence in ways that create a partial (or complete) defense for… Read More »

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