The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
Following Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 and Pebley v. Santa Clara Organics, LLC (2018) 22 Cal.App.5th 1266, this decision holds that a plaintiff who has medical insurance but chooses to use out-of-plan doctors for his care is treated for damage purposes as if he were uninsured and may submit the doctors' bills as evidence… Read More
Noting the split of authorities on this issue, this decision follows Cooksey v. Alexakis (2004) 123 Cal.App.4th 246 in holding that a party who seeks a continuance under section 437c(h), must show why the discovery necessary to oppose the motion for summary judgment or summary adjudication could not have been completed sooner, and accordingly requires the court to grant the… Read More
Trial court did not abuse its discretion in denying defendant a pre-trial continuance based on the fact that its attorney is a member of the state legislature, since the statute upon which the continuance request was based is directory rather than mandatory, and the trial court properly found that granting the continuance would harm the plaintiff while denying it would… Read More
