During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
To have standing to move to disqualify another party's attorney, the movant must generally be a present or former client of the challenged attorney, or at least a person who shared confidential information with that attorney in the course of a confidential or fiduciary relationship. Otherwise, the movant is generally not affected by any breach of the attorney's duties of… Read More
The trial court correctly refused to take judicial notice of insurance policies that were not matters of public record. The existence of a contract between private parties cannot be established by judicial notice under Evidence Code section 452(h). (Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145.) Read More
The insurer did not breach its policy or the duty of good faith in settling plaintiff's claim which arose from destruction of her house by a wildfire. Under the policy, she was entitled to the least of (a) the policy limit, (b) the cost to rebuild the same house, or (c) the actual cost paid for reconstruction. Here, the insurer… Read More
In this case, defendant avoided summary judgment by submitting a declaration from a non-party witness which said she knew facts undermining the defendant's going and coming rule defense. After summary judgment was denied on that basis, defendant took the witness' deposition at which she disclaimed any personal knowledge of the facts stated in her declaration which she said she signed… Read More
The trial court properly granted defendant a partial nonsuit on its affirmative defense of settlement following plaintiff's opening statement that conceded plaintiff's husband and guardian ad litem had authorized plaintiff's attorney to offer to settle her catastrophic injury claim for the $15,000 limit of defendant's auto insurance policy. Nonsuit can be granted on an issue that is less than an… Read More
In this case, defendant avoided summary judgment by submitting a declaration from a non-party witness which said she knew facts undermining the defendant's going and coming rule defense. After summary judgment was denied on that basis, defendant took the witness' deposition at which she disclaimed any personal knowledge of the facts stated in her declaration which she said she signed… Read More
The trial court properly granted defendant a partial nonsuit on its affirmative defense of settlement following plaintiff's opening statement that conceded plaintiff's husband and guardian ad litem had authorized plaintiff's attorney to offer to settle her catastrophic injury claim for the $15,000 limit of defendant's auto insurance policy. Nonsuit can be granted on an issue that is less than an… Read More
The plaintiff in a parallel PAGA suit against the same employer does not have standing to move to vacate or appeal from a judgment entered after the trial court approved settlement of a different plaintiff's similar PAGA suit against the employer. To have standing to appeal one must be both a party to the action and be aggrieved by the… Read More
In a quiet title action, if summons is served by publication, the published notice must describe the property at issue, giving either or both of its street address or legal description. (CCP 763.,020.) Here, the published notice gave only the assessor's parcel number. As the notice did not comply with the statute, it was insufficient; so the default of the… Read More
An order quashing service of summons is an appealable order under CCP 904.1(a)(3). The statute does not draw any distinction between orders quashing service of summons for lack of personal jurisdiction (which are final orders ending the case) and orders quashing service because it was inadequately performed (which are interlocutory since summons can be served again by proper means). Hence,… Read More
