May 2018

Wrongful Death Actions: Who Is The Plaintiff?

In California, a wrongful death action (a lawsuit claiming damages against a defendant for wrongfully causing the death of a human being) is strictly a creation of statute (California Code of Civil Procedure ["CCP"] section 377.60).  California’s wrongful death statute creates a cause of action for certain designated survivors of the decedent and permits them to recover for their own independent injury and loss.


998 Offers: Tricky Business

Janssen Malloy LLP attorney and partner Michael J. Crowley previously wrote about a particular litigation tool, the California Code of Civil Procedure section 998 offer to compromise, linked to here. A recent decision by the California Second District Court of Appeal underscored why parties in litigation should seek the advice of experienced counsel when such an offer has been made in their case.