What do you do when a family member who is conserved is injured by another’s negligence? “Conserved” means that a court appointed conservator, depending on the court’s order, may have authority over both the person (including where the person may be living, such as in an appropriate facility for their needs) and their finances (the estate). Normally this is done when a … Read More
Trial Preference for Those Over 70
The California Code of Civil Procedure (CCP) provides for expedited trial setting for those over 70 if the court finds that 1) the party has a substantial interest in the action as a whole, and 2) the health of the party is such that preference is necessary to prevent prejudicing the party’s interest in the litigation (CCP Section 36 (a)). … Read More
Volunteer Fire Fighters
The lawyers at Janssen Malloy LLP do much more than represent our clients and practice law. Our attorneys serve out in our community in a variety of ways. Janssen Malloy LLP partner Michael Crowley serves as a Captain and firefighter with the Kneeland Volunteer Fire Department. The Kneeland Fire Department had a “Meet and Greet” your firefighters recruiting event on September 17, … Read More
Loss of Household Services: An Overlooked Element of Damages
When we ask our clients questions about the “loss of household services,” they usually don’t realize that they should be compensated for this element of damages. In a personal injury action, common items of damage include economic damages, such as medical expenses (past and future), lost wages, and lost earning capacity, and non-economic damages, such as pain and suffering,etc. But … Read More
Measure Z and Public Safety
Part of the funds generated from Humboldt County voters passage of Measure Z includes approximately $1.8 million for fire-fighting needs throughout the county. These funds are being distributed through the Humboldt County Fire Chiefs’ Association to the various fire departments in our area. The majority of firefighters in our county serve in volunteer fire departments, which are constantly in need … Read More
Janssen Malloy LLP Wins Appeal Preserving Right to Trial Over Arbitration
Janssen Malloy LLP obtained a unanimous First District Court of Appeal decision recently in a wrongful death/elder abuse action regarding Timber Ridge Assisted Living LLC (Timber Ridge). Partner Michael Crowley argued the matter before the three justice panel. The Court of Appeal ruled 3-0 that plaintiff Valerie Monschke, as personal representative of her mother’s estate, could proceed to a jury … Read More
Three Feet for Safety: New Protection for Bicyclists
California recently enacted a new provision for protection of bicyclists on our roadways, Vehicle Code section 21760, popularly known as the “Three Feet for Safety” law. This provision states that a driver of a motor vehicle overtaking and passing a bicycle going the same direction shall only do so at a safe distance, no less than three feet from the … Read More
Janssen Malloy LLP Partners in the Community
The partners at Janssen Malloy LLP are actively involved in the Humboldt community in which they live and practice law. Janssen Malloy LLP partner Michael Crowley is a captain and firefighter with the Kneeland Volunteer Fire Department (“Department”), responding to structure, vehicle and wildland fires, as well as providing emergency medical response for people in the Kneeland Fire Protection District. … Read More
Breaking the Logjam: CCP Section 998 Offers
Lawyers have their own peculiar jargon, often using just numbers to convey positions, settlement offers, and tactics. One of the most commonly used numbers is found in Code of Civil Procedure (CCP) Section 998, technically an “Offer to Compromise” in a dollar certain amount that settles the litigation. An “Offer to Compromise” pursuant to CCP Section 998 can be made … Read More
Mitigation of Damages in Personal Injury Cases
In personal injury cases, a plaintiff is not entitled to recover damages for harm that a defendant proves the plaintiff could have avoided with reasonable effort. This concept is known as the plaintiff’s duty to mitigate damages. The rule of law is stated in the standard jury instruction on the topic “Mitigation of Damages,” found in the Judicial Council of … Read More