A defendant who prevails in a FEHA action is not entitled to court costs as a matter of right pursuant to Code of Civil Procedure section 1032, rather, such costs are within the discretion of the trial court pursuant to Government Code section 12965. Such costs may only be awarded when the plaintiff brought/continued frivolous litigation.
Future health care expenses may be excluded from Medi-Cal lien reimbursements but the Department of Health Care Services must present sufficient evidence that it will continue to pay for the Medi-Cal recipient’s future health care expenses.
Reciprocal attorneys fees under Civil Code section 1717 not applicable to indemnity agreement.
12
May
May
Torts – A church has no duty to warn about a member who is a child molester, but does have a duty to prevent the member from harming children during church-sponsored activities.
11
May
May
Plaintiff in a legal malpractice matter cannot circumvent mediation confidentiality by advancing inferences about former attorney’s supposed acts or omissions during underlying mediation.