Damages in a Business Litigation Action
MICRA, the Medical Injury Compensation Reform Act, was enacted in California in 1975. It limits recovery of non-economic damages in Business Litigation cases, including claims for pain and suffering and loss of consortium, to $250,000. Somewhat controversially, MICRA does not have a provision for the $250,000 cap to be adjusted for inflation, so the cap […]
What is my Automobile Accident Case Worth?
It is important to call an attorney right away when you have been involved in an automobile accident. You should never assume that the person who hit you will “do the right thing” or that the settlement offered by the insurance company will be fair. An attorney can advise you as to your rights and […]
Recovering Your Attorneys’ Fees
Many people assume that if they win their lawsuit, they will recover all of the attorneys’ fees and expenses they incurred in the matter. Based on this assumption, they may seek out the flashiest and fanciest law firm in town, figuring that the other party will end up footing the bill. This assumption is false. […]
Why Can’t I Get Pain and Suffering for a Breached Contract
Entering into a contract with someone is an act of trust. The two of you come together and make promises. Promises that the other person relies upon. When someone breaches the contract, there is pain, frustration, and anger. It often feels like a personal attack. Because of this, clients often ask us to make a […]
Breach of an Option Agreement for Real Property
The remedy when one party breaches an option agreement for real property has not often been discussed by California courts. Given the commonplace nature of option agreements, this is a curious phenomenon. The case that best and most directly addresses the issue is Schmidt v. Beckelman (1960) 187 Cal.App.2d 462. The Schmidt court noted that: […]
