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CGLaw Pod
Welcome to CGLaw Pod, the podcast channel brought to you by CaseyGerry, the most established personal injury law firm in San Diego / Founded in 1947.
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CGLaw Pod
Ganci Law Update: EP15 Gov't immunity and the word "use”
In this episode of Ganci Law Update, we delve into recent legal decisions that explore various aspects of law, from government immunity to duty and academic discipline:
- Perez v. Oakdale Irrigation District: Individuals involved in a car crash into a government canal sued the irrigation district, claiming the water level posed a dangerous condition. The Trial Court ruled in favor of the Water District, citing "canal immunity." The plaintiffs appealed, arguing that since their interaction with the canal was unintentional (they did not mean to crash their car into it), canal immunity should not apply to them.
- Kinney v. City of Corona: This case involves the City's refusal to disclose information related to a stolen vehicle investigation, citing confidentiality concerns. Despite not delving into the case's intricate details, it emphasizes the relevance of the case to California Code of Civil Procedure (CCP) 998 offers. It highlights two crucial legal principles regarding CCP 998 offers: first, such offers are interpreted strictly in favor of the party being subjected to them, and second, any ambiguity in such offers is strictly interpreted against the party making the offer. These principles serve as important reminders regarding the application and interpretation of CCP 998 offers in legal proceedings.
- Shalghoun v. North Los Angeles County Regional Center, Inc.: In this case, a regional center placed a developmentally disabled individual in a residential facility. When the facility couldn't continue care, the individual injured an employee while awaiting relocation. The court ruled the regional center didn't have a duty to protect facility employees. This highlights the legal distinction between duties owed to consumers and others in their orbit.
- Balakrishnan v. Regents of University of California: A tenured professor faced disciplinary action for sexual assault incidents occurring after his student's graduation ceremony. Despite his objections, the court upheld the university's decision, citing his inappropriate behavior and the ongoing jurisdiction over the student involved.
For more information:
- Perez v. Oakdale Irrigation District, cited as 98 Cal.App.5th 793
- Kinney v. City of Corona, cited as 99 Cal.App.5th 1
- Shalghoun v. North Los Angeles County Regional Center, Inc., cited as 99 Cal.App.5th 139
- Balakrishnan v. Regents of University of California, cited as 99 Cal.App.5th 513
Learn more about Eric Ganci
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