emotional distress damages avaialble to pet owners

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Workers compensation preemption prohibits third parties that allegedly injure an employee from seeking redress against an employer by way of a cross-complaint for indemnity.

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Individual homeowners, and homeowner’s associations (and HOA management companies), should continue to pay close attention to property conditions that may pose a significant risk of injury to guests and visitors.

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Under certain circumstances, an injured person working in your home can file a civil lawsuit against you as the homeowner, rather than being limited to workers compensation. A recent California Supreme Court decision held that this is the case and defined the standard of care to be used in a case brought by an injured employee working on a homeowner’s substantial remodeling project. (Cortez v. Abich (2011) 51 Cal. 4th 285.)

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Should the duty of drivers to exercise ordinary care for others in their use of streets and highways include truck drivers parked alongside a freeway? The Supreme Court of California’s recent decision in Cabral v. Ralphs Grocery Company (Feb. 28, 2011) No S178799, concerning an automobile/truck accident found no exception for truckdrivers.

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The California Court of Appeal recently found that a plaintiff’s election to proceed far into their lawsuit waived their contractual right to arbitrate the dispute.

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California law provides broad immunity from civil liability for a social host who “furnishes alcoholic beverages to any person,” as many Californians do at their house parties. (Civil Code section 1714 (c).) However, a social host loses that immunity if he or she “sells, or causes to be sold, any alcoholic beverage, to any obviously intoxicated minor.” (Business and Professions Code section 25602.1.)

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