Ehrlich Firm wins reversal of summary judgment in case by kindergartener who was sexually molested at elementary school

California Writs and Appeals Attorney

Ehrlich Firm wins reversal of summary judgment in case by kindergartener who was sexually molested at elementary school

Mistakes Trial Lawyers MakeAC was taken from the multipurpose room at an elementary school by a school employee, led onto a stage that was part of the room, and molested. The stage area was effectively screened from view because the school had been using the area to store cartons of books. The trial court granted summary judgment to the district on the ground that the stage could not constitute a dangerous condition on public property, and that there was no proximate cause.

The Court of Appeal reversed, finding that the manner in which the stage had been maintained created triable issues of fact about whether it was dangerous, and that the district had not negated proximate cause as a matter of law. (AC v. Pomona Unified School Distr. (2010) B.215607 (unpublished.)


Southern California Appellate Law Attorney

While we enjoy appellate work and welcome any chance to handle an appeal, all too often we see that if we had been brought into a matter while the case was still pending in the trial court – particularly to oppose a summary-judgment motion – we could have avoided the need for an appeal and set the case in motion to settle. People need lawyers because the law is complex. Busy plaintiffs’ lawyers need our help for this same reason.

We can help you sort out the legal obstacles you must overcome in order to win your case, and prepare a powerful opposition to the following motions:

  • Motions under Daubert and Kuhmo Tires to exclude expert testimony;
  • Motions in limine;
  • Post-trial motions, such as motions for new trial, or JNOV;
  • Motions to compel arbitration; and
  • Where an insurer has refused to defend its policyholder in litigation brought by a third party;
  • Motions to quash for lack of personal jurisdiction

We can also prepare affirmative motions that can increase your chances to prevail, such as motions for summary-adjudication of issues; motions in limine, or motions to remand cases removed from state court to federal court.

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