Firm News
Score One for the Defense – Court of Appeals Excludes Speculative Expert Testimony because Anything is “Possible”
Score One for the Defense – Court of Appeals Excludes Speculative Expert Testimony because Anything is “Possible” The Court of Appeals for the Second Appellate District recently affirmed a trial court’s exclusion of expert testimony because the opinion testimony was...
Eric J. Phillips, Esq. – Construction Law & Surety Experience
Executive Summary 25 years of experience resolving high-risk, complex construction and surety disputes totaling nearly $1B at issue. Proven expertise in construction industry bond claims; performance bonds, payment bonds, license bonds, and more. Veteran of numerous...
VLA&S Obtains Defense Verdict in $3 million Construction Defect Case Following Month-Long Trial
VLA&S senior trial counsel, Yvonne Jorgensen, recently won a defense verdict for our client in San Francisco County Superior Court. Plaintiff sued the client, a general contractor’s employee, for negligence in connection with a large, multi-family housing project...
VLA&S Partner Jennifer Thomas Prevails on Motion for Summary Judgment
VLA&S partner, Jennifer Thomas, successfully defended our client, a Mobile Home Park, against allegations the park failed to properly maintain trees on its premises, causing Plaintiff to trip over a fallen tree branch. Following extensive fact discovery, briefing,...
Eric Phillips’ Representative Energy Project Experience
Eric Phillips' Representative Energy Project Experience Co-Generation Plants. I represented a major California University in litigation regarding a Design-Build, Combine Cycle Co-Generation power plant at one of its campuses. This litigation involved numerous...
Case Law Update: Plaintiff’s CCP Section 998 Offer Made Just Five Days After Defendant’s Answer Deemed Not In Good Faith
The Court of Appeals for the Second Appellate District recently affirmed the trial court’s ruling that a plaintiff’s Code of Civil Procedure section 998 offer was not made in good faith where the offer was made just 19 days after service of the plaintiff’s medical...
Insurance Company Obligated To Pay Post Judgment Costs In Excess Of Policy Limits
An Appellate Court recently held that an insurer’s liability may exceed its policy limits where its insured is liable for costs under CCP §998 and insurer has stepped into the shoes of its insured. Background Plaintiff Amanda Meleski (“Plaintiff” or “Meleski”) was...
Defendant’s Pre-Offer Fees/Costs Should Have Been Considered When Calculating the Value of Defendant’s Offer of Settlement (CCP §998)
The Fourth Circuit Court of Appeals recently held that the trial court erred when it failed to consider Defendants pre-offer fees/costs as part of Defendant’s CCP 998 Offer, which was silent as to costs. Facts Restaurant worker Samantha Martinez (Plaintiff) sued...
Nightclub shooting case expands Coverage for what’s considered “Property Damage”
The California District Court of Appeal for the Fourth Appellate District recently overturned a lower court ruling and held that the reduction in permitted uses under a Conditional Use Permit qualifies as the loss of use of tangible property and therefore “property...
VLA&S Welcomes Attorney Hua Jiang
VLA&S is pleased to announce the recent hiring of attorney Hua Jiang. Hua’s practice focuses on real estate and construction litigation, products liability, premises liability, and personal injury. She graduated from UCLA Law School in 2015, during which she...