Uninsured motorist arbitration is not an action under Code Civ. Proc., § 22, and Cal. Rules of Court, rule 1.6, nor is it a special proceeding under Code Civ. Proc., § 23, in the absence of a judicial remedy.
7
May
May
Cases of Interest
24
Apr
Apr
“The standard of care imposed upon school personnel in carrying out this duty to supervise is identical to that required in the performance of their other duties. This uniform standard to which they are held is that degree of care which a person of ordinary prudence, charged with [comparable] duties, would exercise under the same circumstances.” C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 869.)
24
Apr
Apr
The assumption of the risk doctrine applies to plaintiffs injured by an inherent risk of a sport, irrespective of whether the specific injury itself was inherent to the sport.
What is inherent is determined by the conduct or condition necessary to engage in the sport.
24
Apr
Apr
A § 998 offer must be sufficiently certain, specific, or definite in its terms and conditions. An offer is sufficiently certain only if:
- Its terms and conditions are sufficiently certain that the offeree—at the time the offer is made—can evaluate the worth of the offer and make a reasoned decision whether to accept that offer and
- Its terms and conditions are sufficiently certain that the trial court—at the time the case is resolved—can determine whether the judgment is more favorable than the offer.
Burdens of Proof
The 998 offeror bears the burden of demonstration its offer was sufficiently certain and unconditional with any ambiguities strictly construed against the offeror.
The 998 offeree bears the burden of demonstrating the offer was not made in good faith.
8
Apr
Apr
Cost shifting under section 998 is not limited to cases resolved by trial or arbitration.
Nothing in the statute’s language limits its application to cases that end in trial nor exempts from its application cases that settle.