Cases of Interest

Under the Government Claims Act, a plaintiff complies with the claim presentation requirement when the complaint alleges facts that are factually equivalent to the facts within the government claim, and failure to file a proper government claim timely is fatal to maintaining a civil action against a public entity. Cal. Gov’t Code § 835.

Where an owner/hirer affirmatively provides security measures in a high crime area and there are questions of fact as to the reasonableness of those measures, the Hooker exception to the Privette doctrine is applicable.

A declaration from a PMQ or corporate representative is still held to the same rules of evidence as a lay witness in assessing a declaration attached to an MSJ.

Since summary judgement motion was electronically filed and served 107 days or more before trial, it was timely, and the moving parties were entitled to a hearing on the motion.

Subcontractor retained responsibility for its employee’s workplace injury even though the general contractor created the hazard.