Realestate & Malpractice Law Articles
Curated On TatorLaw.comPersonal Injury and Other Negligent or Intentional Torts
In personal injury and other negligent or intentional torts, payments to or for the injured person by others, such as his insurance carrier or employer, do not redound to the benefit of the defendant by reducing the damages for which the defendant is liable. Contract...
Wait! Before You Sue A California Public Entity
Suits against public entities and employees in California have a trap. A claim must be filed with the governing body of the public entity within 6 months.
Agents, Realestate and Principal
An agent may convey real estate for his principal, provided he has written authorization from his principal.
Quieting and Statute of Limitations
Quieting title is odd. It has no single statute of limitations. For a person in possession, there is no statute at all. For someone out of possession, the limitation period depends on the theory for attacking current title, such as fraud or undue influence.
On an Easment by Prescription Can Someone Enter?
Some say an easement by prescription cannot be exclusive. The statement is overly broad. An easement can exclude the land owner for some purposes.
Claims In California… There’s a Trap
Suits against public entities and employees in California have a trap. A claim must be filed with the governing body of the public entity within 6 months.
When Burden Shifts To Defense You Can Lose
Usually plaintiffs have the burden of proof, but sometimes the burden is shifted to the defense. An important shift occurs when issues other than punitive damages revolve around defendant's financial dealings. Defendant must produce records. (If there are no...
How Fast Should You Act On Claims?
Claims involving the same transaction can be lost forever if not asserted in the first lawsuit. Serial lawsuits generally are barred.
Three Exceptions For Expert Witnesses
Medical malpractice cases are the most difficult cases to win. That is primarily because most all of them require an expert witness to testify that the defendant doctor failed to meet the standard of care set by other doctors. Often the defense can find a witness...