Kenneth U. Reyes, P.C Legal Blog Know Your Rights & Legal Options

Recent Posts in civil litigation Category

  • Getting out of a Joint Tennancy Situation that has gone Sour

    Getting out of a Joint Tennancy Situation that has gone Sour As persons living in the Los Angeles area, we are all aware of the high cost of living and high price tags attached to homes for sale. Often, an individual’s income does not provide sufficient funds to cover living expenses, let alone the purchase of a home. Consequently, persons who desire to avoid the money pit that is rent, but cannot ...
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  • Outbreak of E. Coli Infections from Spinach: Recovery Under Products Liability

    OUTBREAK OF E. COLI INFECTIONS FROM SPINACH: RECOVERY UNDER PRODUCTS LIABILITY In recent weeks, the E. coli outbreak linked to spinach has made national headlines. Since the outbreak of E. coli infections suspected to have been caused by contaminated spinach, 173 people have become sick and 1 person has died. Reflecting the severity of the outbreak, the Centers for Disease Control and Prevention ...
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  • Products Liability: Liability for Injury Caused by Defective Product

    PRODUCTS LIABILITY: LIABILITY FOR INJURY CAUSED BY DEFECTIVE PRODUCT Every year, many persons suffer injury resulting from dangerous and defective products. The area of law that deals with liability for injuries caused by defects in such products is called “products liability.” The following is an overview of products liability. Under products liability, anyone in a product’s chain of distribution ...
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  • Recovering for Injuries Caused by an Uninsured Motorist

    RECOVERING FOR INJURIES CAUSED BY AN UNINSURED MOTORIST Everyday in Los Angeles, many persons become involved in automobile accidents with motorists who have no liability insurance. The person is without fault in causing the accident, and is faced with seeking recovery for injuries against a person who is uninsured. A person in such a scenario has several options. He can seek to recover against ...
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  • Strict Liability: Responsibility Without Fault

    STRICT LIABILITY: RESPONSIBILITY WITHOUT FAULT It is a widely accepted notion that a person who has acted wrongfully is responsible for adverse consequences resulting therefrom. However, under strict liability, legal responsibility may be imposed on one who has acted even without fault. Even in the absence of negligence or fault, one may be held responsible for adverse consequences of his actions ...
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  • Wrongful Death: Recovering Damages for the Loss of a Relative

    WRONGFUL DEATH: RECOVERING DAMAGES FOR THE LOSS OF A RELATIVE Under Code of Civil Procedure Sec. 377.60 et seq., heirs of a decedent may recover present and future benefits lost due to a relative’s death that was caused by another. Recovery may be obtained against the wrongdoer in a wrongful death action. Losses that are recoverable include 1) the present value of future contributions, 2) the ...
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  • Enforcement of Judgment Against Debtor's Earnings

    ENFORCEMENT OF JUDGMENT AGAINST DEBTOR’S EARNINGS In previous editions of this article, a multitude of theories of recovery for injuries or damages caused by another have been set forth and discussed. If a theory of recovery is successfully advanced, and a judgment obtained, the next issue often is how to enforce the judgment. Avid readers of our weekly article will remember that one method of ...
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  • Partition of Property

    PARTITION OF PROPERTY As persons living in the Los Angeles area, we are all aware of the high cost of living and high price tags attached to homes for sale. Often, an individual’s income does not provide sufficient funds to cover living expenses, let alone the purchase of a home. Consequently, persons who desire to avoid the money pit that is rent, but cannot afford to purchase a home on their ...
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  • Enforcement of Judgment Against Debtor's Real Property

    ENFORCEMENT OF JUDGMENT AGAINST DEBTOR’S REAL PROPERTY Common to many of the theories of recovery explored in previous articles is the purpose for which they have been discussed—to provide recovery for one who has suffered injuries or damages caused by another. If one successfully advances any of the previously discussed theories of recovery, and obtains a judgment, a question that naturally ...
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  • Enhanced Remedies for Abuse of an Elder

    ENHANCED REMEDIES FOR ABUSE OF AN ELDER As Filipinos, we are all aware of the importance placed in our culture on taking care of our elders. Although not exclusive to our culture, taking care of our elders is especially emphasized in Filipino culture. Due to time limitations imposed by the world we live in, we often cannot personally care for our elders, and place the caretaking duties in the ...
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  • Injuries Occuring at Work: Worker's Compensation

    INJURIES OCCURRING AT WORK: WORKERS’ COMPENSATION Workers’ compensation comes into play when a person is injured at work, and the injury results in occupational disability or death. Under the Workers’ Compensation Act (hereinafter “ the Act”), an employer is liable for any injury sustained by his or her employees arising out of and in the course of the employment, and for the death of any employee ...
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  • Liability of Owner of Premises for Slip and Fall

    LIABILITY OF OWNER OF PREMISES FOR SLIP AND FALL At one time or another, we have all made a trip to the local market. Whether it is to purchase food or other daily necessities, our expectation is that upon departing, our needs will be fulfilled. Rarely, if ever, does a person’s expectation in making a trip to the market include slipping on something on the market’s floor and sustaining injury. ...
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  • Bicycle Accidents With Automobiles

    BICYCLE ACCIDENTS WITH AUTOMOBILES With the rise of gas prices, more and more people have taken to the use of bicycles as a primary method of transportation. The increase in the use of bicycles has in turn resulted in an increase in the number of accidents in which a bicyclist is hit by an automobile. Bicycle accidents involving automobiles have become increasingly prevalent especially in ...
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  • Chapter 7 Bankruptcy Reform

    CHAPTER 7 BANKRUPTCY REFORM In 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act (hereinafter referred to as “the Act”) became law. The Act marks the most comprehensive reform to the Bankruptcy Code in many years. Significant changes to relief under Chapter 7 were made as a result of the Act. Perhaps the most notable change is the implementation of a new “means test.” The “means ...
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  • Claiming Injuries from Your Auto Accident

    Claiming Injuries from Your Auto Accident Being involved in an auto accident can be a frustrating and very disruptive experience to most people. Depending on your injuries, most likely you are unable to commute to work, unable to carry on your regular chores, or even unable to work at all. This is on top of all the pain and suffering that most people experience from such an incident. Then there ...
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  • Economic Damages in Personal Injury Claims: Loss of Earnings

    ECONOMIC DAMAGES IN PERSONAL INJURY CLAIMS: LOSS OF EARNINGS It is a widely accepted notion that a person who suffers injuries and damages due to the wrongful conduct of another should be “made whole.” Whatever the wrongful conduct may be, the expectation of the aggrieved person is that he will be placed by the wrongdoer in as good a position as he was prior to the wrongful conduct, to the ...
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  • What to Do If You're a Victim of Dog Bite

    WHAT TO DO IF YOU’RE A VICTIM OF A DOG BITE Dog bites , in most cases, result in serious injuries to their victims. Not only does it result in actual physical injuries but also causes emotional, psychological, and loss of earnings. Usually, it is the dog owner that is responsible for footing the bill for damages because they have a legal responsibility to prevent their pets from injuring people or ...
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  • I Am Being Evicted From My Own Home!

    I AM BEING EVICTED FROM MY OWN HOME! Aside from finding that significant other in life, a good career, and health and happiness, a major dream for many is home ownership. As most of us are aware, barriers exist to ownership of a home, especially in Southern California. Common barriers are high prices and the inability to procure financing due to poor credit. Those who have poor credit and desire ...
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