Devil’s Playground Accident Settlement

Janssen Malloy’s Patrik Gregio recently negotiated a $400,000 settlement with the City of Eureka for a client, Kathleen Anderson, who was injured in an accident at Devil’s Playground behind the Bayshore Mall in Eureka .  Prior to the settlement the case went to trial on liability, and Ms. Anderson received a jury verdict finding the City to have been 70% … Read More

Nursing Home Rights at Admission

If you or a loved one is entering a skilled nursing facility (“SNF”) in California for any length of time, you may be asked to sign an arbitration agreement with the SNF. Typically, such agreements are presented at the time of admission or just prior. Arbitration agreements typically are those that waive a SNF resident’s rights under the law—like the … Read More

Land Use Law – Judge Twice?

With the ongoing drought and the endless debate over responsible development, land use law is a fertile field of confusion, controversy, and contempt. Municipalities, counties, community services districts, and the state each have their own set of rules and regulations, and navigating the myriad laws can be the bane of anyone taking on a development project or petitioning a city … Read More

Independent Contractors Get an Uber Lyft

In mid-March, two federal court judges in Northern California determined that juries will decide the question of whether the drivers for the ride services Uber and Lyft have been misclassified by those services as independent contractors. Employee plaintiffs in each case are alleging that they—and a class of similarly situated drivers—should be classified as employees. The two cases are Cotter v. … Read More

Transferring a Salmon Permit from a Lost Vessel

The California Department of Fish and Wildlife regulates and facilitates the issuance, maintenance, and transfers of California commercial salmon permits. In general, permits can be transferred between vessels in certain circumstances, including upon the loss, theft, or destruction of the permitted vessel. Transfers following one of these events, however, are subject to strict restrictions and time limits. Applications to transfer … Read More

Auto Insurance Policy Med-Pay: What is it?

Most California automobile insurance liability policies include (or offer to include) medical payments coverage, or “med-pay,” for short. Most people aren’t familiar with med-pay coverages, don’t know whether they have this coverage, and don’t know how to open up or engage such coverage, even though they have paid a premium for it. This column will address and explain the concept, … Read More

County Road Provides Unsafe Sight Distance

Janssen Malloy LLP recently tried a case against CalTrans and State Parks for failing to provide sufficient sight distance at the exit for Grizzly Creek State Park. Based upon a recent decision by the California Supreme Court a case against Lost Angeles County will head to trial based upon a dangerous condition caused by an inadequate sight distance. The California … Read More

CA Requires Training to Prevent Abusive Conduct

California’s law that requires employers to provide annual sexual harassment training to all supervisors was amended to include prevention of abusive conduct. The new law defines abusive conduct as “conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include … Read More