<<< Back to All Blog Posts

New CA Civil Procedure/Torts Case

civil procedure sexual abuse torts treble damages Jul 11, 2023
 

I help lawyers get excellent results in several ways:

  • I serve as a mediator, arbitrator and referee with ADR Services, Inc. conducting hearings (Zoom and in-person) throughout California. I relentlessly pursue closure as a mediator. As an arbitrator and referee, I preside over relaxed and friendly hearings, carefully review all admitted evidence, and issue fair and impartial decisions. I handle business, employment, insurance (bad faith, coverage, UIM), probate, real property, and tort (elder abuse, legal malpractice, medical malpractice, personal injury, product liability, and wrongful death) cases.  
  • I provide Master Lawyer Mentoring™ to train lawyers to become excellent trial lawyers, and train associates to quickly become excellent lawyers. 
  • I publish California Case Summaries™, preparing one-paragraph summaries, organized by legal topic, of every new civil case published in California each month, quarter and year giving subscribers a competitive advantage to get excellent results. 
  • In my Masters In Trial™ podcast I interview outstanding plaintiff and defense civil trial lawyers, who are members of the American Board of Trial Lawyers, about what works, and what doesn't work in civil jury trials.

 


New CA Civil Procedure/Torts Case
Can A Victim of Childhood Sexual Abuse Get Treble Damages Against a Public Entity?

Can a victim of childhood sexual abuse get treble damages against a public entity? Last month, the California Supreme Court addressed this issue. My one-paragraph summary of the case is below. 

 L.A. Unified School Dist. v. Superior Court of Los Angeles County (2023) 14 Cal.5th 758: The California Supreme Court affirmed the Court of Appeal’s decision, and concluded that Code of Civil Procedure section 340.1 (b)(1), which allows the recovery of treble damages when a plaintiff suing in tort for childhood sexual assault proves that the assault was as the result of a cover up, cannot be awarded against a public entity because they are prohibited by Government Code section 818 which specifies that a public entity may not be held liable in tort for damages imposed primarily for the sake of example and by way of punishing the defendant. (June 1, 2023.)

California Case Summaries™ subscribers always know the new case law. To subscribe today, click here. 


Mediation, Arbitration and Referee Services

I help attorneys and their clients throughout California as a mediator, arbitrator and referee at ADR Services, Inc. I handle business, commercial, employment, insurance (bad faith, coverage, UIM), probate, real property, and tort (elder abuse, legal malpractice, medical malpractice, personal injury, product liability and wrongful death) cases. I've been a California civil trial lawyer since 1980 and a member of ABOTA since 1995. I've represented both plaintiffs and defendants in a wide variety of civil cases including the areas listed above. To schedule a new matter, please contact one of my case manager at ADR services, Ins., Haward Cho, [email protected], (213) 683-1600, or Rachael Boughan, [email protected], (619) 233-1323,  


California Case Summaries™

Since 2012, I've helped California lawyers always know the new case law in their practice areas by publishing California Case Summaries™ with one-paragraph summaries, organized by legal topic, of every new CA civil case published every month, quarter and year, giving my subscribers get a competitive advantage to get excellent results. To subscribe today, click here.
  
Join Our Email List: To get my free summaries of the new civil cases published by the California Supreme Court in 2022, click here. 
 

Master Lawyer Mentoring™

I provide Master Lawyer Mentoring™ services to teach lawyers to become excellent trial lawyers, and teach associates to quickly become excellent lawyers. Top get this training email [email protected] or call me at (619) 990-4312.
 
Every month I interview outstanding plaintiff and defense lawyers, who are members of the American Board of Trial Advocates, about what works and what doesn't work in civil jury trials. Listening is a great way to learn from the masters. To listen, click here.
 
 

 
 
Until my next blog post, stay safe and healthy.


Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Master Lawyer Mentoring™
Podcaster: Masters In Trial
Publisher: California Case Summaries™
ABOTA Member Since 1995
Past President: San Diego County Bar Assn.
Past President: SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]

Mediation, Arbitration and Reference Services 

To schedule a matter, contract Monty's case managers at ADR services, Haward Cho, [email protected], or Rachael Boughan, [email protected], (619) 233-1323.

Master Lawyer Mentoring™ Services

Email [email protected] or call Monty at (619) 990-4312.

California Case Summaries™

Always know the new civil case law in your practice areas to get a competitive advantage and win more cases. Subscribe today:
Individual, click here.
Law firm, click here.

Click Here to Learn More About California Case Summaries™

Do me a favor?
Help me get the word out to others...