Jeffrey I. Ehrlich

Jeffrey I. Ehrlich

Jeffrey I. Ehrlich is the principal of the Ehrlich Law Firm, in Claremont, California. He is a cum laude graduate of the Harvard Law School, a certified appellate specialist by the California Board of Legal Specialization, and a member of the CAALA Board of Governors. He is also editor-in-chief of Advocate magazine and a two-time recipient of the CAALA Appellate Attorney of the Year award.

Articles written by this author:

Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2012 June


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2012 August


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2011 December


Appellate Reports

A review of recent decisions of interest to the plaintiff’s bar

Jeffrey I. Ehrlich

2009 January


Appellate Reports

A review of recent decisions of interest to the plaintiff’s bar

Jeffrey I. Ehrlich

2009 February


Appellate Reports

A review of recent decisions of interest to the plaintiff’s bar

Jeffrey I. Ehrlich

2009 March


Appellate Reports

A review of recent cases of interest to plaintiffs’ attorneys

Jeffrey I. Ehrlich

2009 April


Appellate reports

A review of recent cases of interest to plaintiffs’ attorneys, including the landmark State of California v. Allstate Ins. Co.

Jeffrey I. Ehrlich

2009 May


Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2009 June


Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2009 July


Appellate reports

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2009 August


Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2009 September


Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2009 October


Appellate reports

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2009 November


Appellate reports

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2009 December


Appellate reports

Howell v. Hamilton Meats & Provisions, Inc. and other recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2010 January


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2010 February


Appellate reports

Recent cases of interest to members of the plaintiff’s bar, including Lhotka v. Geographic Expeditions, Inc. on opposing petitions to compel arbitration

Jeffrey I. Ehrlich

2010 March


Appellate reports for plaintiff attorneys

Including Hertz Corp. v. Friend: For the purposes of federal diversity jurisdiction, a corporation’s principal place of business is its “nerve center” — typically its HQ.

Jeffrey I. Ehrlich

2010 April


Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2010 June


Appellate Reports

Litigation privilege does not apply to conduct that is wrongful independent of the litigation

Jeffrey I. Ehrlich

2010 July


Appellate Reports and Cases in brief

Severability clauses in insurance policies will render ambiguous certain policy exclusions

Jeffrey I. Ehrlich

2010 August


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2010 September


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2010 October


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2010 November


Appellate Reports and Cases in Brief

Court can deny petition to compel arbitration; also, bringing redundant causes of action in defamation suit can lead to anti-SLAPP rulings that open the door to attorney’s fees

Jeffrey I. Ehrlich

2010 December


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2011 January


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2011 February


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2011 April


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2011 May


Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2011 June



Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2011 July


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2011 August


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2011 September


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2011 October


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2011 November


Appellate Reports and cases in brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2012 January


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2012 February


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2012 July


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2012 September


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2012 October


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2012 November


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2012 December


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2013 January


Appellate Reports

The California Supreme Court addresses the impact of the “same decision” defense in FEHA cases; notes discrimination must be “substantial factor” in termination

Jeffrey I. Ehrlich

2013 March


Rulings on federal tort claims, duty of care, corporation status, MICRA

Recent cases of interest to members of the plaintiffs’ bar.

Jeffrey I. Ehrlich

2013 April


Appellate Reports and cases in brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2013 May


Appellate Reports and cases in brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2013 June


Appellate Reports and cases in brief

Recent cases of interest to members of the plaintiffs’ bar.

Jeffrey I. Ehrlich

2013 July


Recent cases of interest to members of the plaintiffs’ bar

Wrongful death and a putative spouse: California law allows a decedent’s “putative spouse” to pursue a wrongful death claim.

Jeffrey I. Ehrlich

2013 August


Appellate Reports and cases in brief

Zhang clarifies many aspects of UCL practice, particularly insurance claims

Jeffrey I. Ehrlich

2013 September


Appellate Reports and cases in brief

Cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2013 October


Appellate Reports and cases in brief

Cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2013 November


Appellate Reports and cases in brief

Cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2013 December


Appellate Reports and cases in brief

Cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2014 January


Coaching for Attorneys: Improving Productivity and Achieving Balance

A useful book for attorneys, even if you don’t like self-help books

Jeffrey I. Ehrlich

2014 January


Appellate Reports and cases in brief

Cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2014 February


Appellate Reports

St. Mary offers clarity in responding to Requests for Admissions

Jeffrey I. Ehrlich

2014 March


Appellate Reports and cases in brief

Gulliver Schools, a cautionary tale about confidentiality clauses in settlement agreements

Jeffrey I. Ehrlich

2014 April


Appellate Reports and Cases in Brief

New holdings on expert medical testimony in district courts and on the component-parts doctrine in state courts. Also, Ennabe v. Manosa discusses alcohol served at private parties.

Jeffrey I. Ehrlich

2014 May


Appellate Reports and cases in brief

Cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2014 July


Appellate Reports and cases in brief

Recent opinions of the California Supreme Court, including Iskanian on employment arbitration and class-action waivers.

Jeffrey I. Ehrlich

2014 August


Appellate Reports and cases in brief

Gregory v. Cott applies primary assumption of the risk to in-home health-care workers

Jeffrey I. Ehrlich

2014 September


Appellate Reports and cases in brief

Patterson v. Domino’s Pizza — Franchisor tort responsibility where franchisor exhibits traditionally understood characteristics of an “employer”

Jeffrey I. Ehrlich

2014 October


Appellate Reports and cases in brief

When a lawyer sues for unpaid fees, the client complains for breach of fiduciary duty

Jeffrey I. Ehrlich

2014 November


Appellate Reports and Cases in Brief

Columbo declines to rely on Exxon Shipping to cap punitive damages at the amount of compensatory damages

Jeffrey I. Ehrlich

2014 December


Eight tips to keep your case in the ring

Plaintiffs seldom move for summary judgment but the defense sees it as a knockout round

Jeffrey I. Ehrlich

2014 December


Appellate Reports and cases in brief

Laffitte v. Robert Half International confirms that courts in California may award class counsel a 33.33 percent fee based on common-fund recovery

Jeffrey I. Ehrlich

2015 January


Appellate Reports and Cases in Brief

Cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2015 February


Appellate Reports and Cases in Brief

Cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2015 March


Appellate Reports and Cases in Brief

DuBeck v. California Physician’s Service holds that an insurer who chooses to cancel a policy prospectively based on the insured’s misstatements on the application cannot thereafter rescind based on the same statements

Jeffrey I. Ehrlich

2015 April


Appellate Reports and Cases in Brief

Amis v. Greenberg Traurig LLP confirms that all communications during mediation are subject to the mediation privilege

Jeffrey I. Ehrlich

2015 May


Appellate Reports and Cases in Brief

Miles v. Deutsche Bank National Trust Company acknowledges that a breach-of-contract claim can be stated without attaching the contract as an exhibit or pleading its terms verbatim

Jeffrey I. Ehrlich

2015 June


Appellate Reports and Cases in Brief

EEOC v. Abercrombie & Fitch Stores An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions

Jeffrey I. Ehrlich

2015 July


Appellate Reports and Cases in Brief

Bermudez v. Ciolek Logical discussion of Howell issues concerning proof of medical expenses for an uninsured client

Jeffrey I. Ehrlich

2015 August


Appellate Reports and Cases in Brief

Sanchez v. Valencia Holding Co. Decision by the California Supreme Court on the State’s power, in the wake of AT&T Mobility LLC v. Concepcion to declare arbitration agreements unenforceable because they are unconscionable

Jeffrey I. Ehrlich

2015 September


Appellate Reports and Cases in Brief

Lee v. Hanley articulates the rules governing the application of Code Civ. Proc., § 340.6, the statute of limitations for legal-malpractice claims

Jeffrey I. Ehrlich

2015 October


Appellate Reports and Cases in Brief

U.S. v. Moser holds that the reasons relied on by the district judge to cut the prevailing party’s fee award constituted an abuse of discretion

Jeffrey I. Ehrlich

2015 November


Appellate Reports and Cases in Brief

Uspenskaya v. Meline - The amount a factoring company pays to purchase a medical lien is not evidence of the reasonable value of the underlying medical services

Jeffrey I. Ehrlich

2015 December


Appellate Reports and Cases in Brief

Assumption of Risk: If you go to a haunted house, expect to be scared (Griffin v. The Haunted Hotel, Inc.)

Jeffrey I. Ehrlich

2016 January


Appellate Reports and Cases in Brief

A health plan’s right to reimbursement for “other equitable relief” under ERISA is limited to specific, identifiable funds within the beneficiary’s control

Jeffrey I. Ehrlich

2016 March


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2012 March


Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2011 March


Appellate Reports

Gaines v. Fidelity National Title Insurance makes avoiding dismissal under the 5-year rule more difficult and analyzes the rules about which periods during a lawsuit are excluded

Jeffrey I. Ehrlich

2016 April


Appellate Reports

Recent cases of interest to members of the plaintiff’s bar

Jeffrey I. Ehrlich

2010 May



Appellate Reports and Cases in Brief

Recent cases of interest to members of the plaintiffs’ bar

Jeffrey I. Ehrlich

2012 May


Appellate Reports

Tyson Foods v. Bouaphakeo — The U.S Supreme Court allows statistical evidence to fill evidentiary gaps in class actions

Jeffrey I. Ehrlich

2016 May


Appellate Reports

Flores v. Presbyterian − Negligent use/maintenance of certain medical equipment is subject to MICRA limitations

Jeffrey I. Ehrlich

2016 June



Appellate Reports

Ramos v. Brenntag Specialties, Inc. narrows the availability of the component parts doctrine in products-liability cases

Jeffrey I. Ehrlich

2016 August


Appellate Reports and Shorter Takes

Baral v. Schnitt — Substantially broadens the scope of the anti-SLAPP statute by holding that it can be used to attack allegations of constitutionally protected activity

Jeffrey I. Ehrlich

2016 September


Appellate Reports

Barickman v. Mercury Cas. Co. — Court rejects the insurer’s argument that it acted in good faith as a matter of law by making an early tender of policy limits

Jeffrey I. Ehrlich

2016 October


Appellate Reports

Markow v. Rosner — Appellate court isn’t buying hospital’s vicarious liability based upon ostensible agency of a physician associated with the hospital

Jeffrey I. Ehrlich

2016 November


Appellate Reports

Nickerson v. Stonebridge Ins. Co. — Affirms a punitive-damage award that is 10 times the amount of compensatory damages; holds that insurer’s claims handling was highly reprehensible

Jeffrey I. Ehrlich

2016 December


Appellate Reports

Kesner v. Superior Court — The most comprehensive discussion of the analysis of legal duty in negligence law, specifically as regards asbestos but applicable to all negligence claims where duty is an issue

Jeffrey I. Ehrlich

2017 January


Appellate Reports

Cal Supreme Court rules in Augustus v. ABM that the Brinker standard applies to rest breaks and that “on call” rest breaks are not compliant with the law

Jeffrey I. Ehrlich

2017 February


Appellate Reports

Okafor v. United States of America – Holds that a lawyer’s reliance on FedEx to timely deliver a document constitutes “routine negligence”

Jeffrey I. Ehrlich

2017 March


Appellate Reports

Claim against public entity is barred where the plaintiff failed to file a timely late-claim petition after his initial claim was deemed denied

Jeffrey I. Ehrlich

2017 April


Appellate Reports

McGill v. Citibank, NA — Allows an individual plaintiff to seek a public injunction under the UCL and FAL – relief whose primary purpose is to benefit the public generally – without the need to pursue the claim as a class action

Jeffrey I. Ehrlich

2017 May


Appellate Reports

Employment and anti-SLAPP: A decision to deny tenure rested on communications made in the course of that decision, an official proceeding, and was protected activity for purposes of anti-SLAPP

Jeffrey I. Ehrlich

2017-June


Appellate Review

Garcia v. Pexco — Defendant may enforce arbitration agreement when plaintiff alleges a defendant acted as an agent of a party to an arbitration agreement

Jeffrey I. Ehrlich

2017 July


Appellate Review

Cal Supreme Court says discovery in PAGA actions is governed by normal standards of civil litigation; supports broad view of the right to discovery in all civil cases

Jeffrey I. Ehrlich

2017 August


Be an insurance Myth Buster!

Three myths – or soon to be myths – of insurance law in California

Jeffrey I. Ehrlich

2017 September


Appellate Reports and Shorter takes

Interim adverse judgment bars malicious-prosecution claim, even if trial court later finds action was brought in bad faith

Jeffrey I. Ehrlich

2017 October


Appellate Reports

Appellate Court holds that hospital’s substantial impairment of an elderly patient’s right to autonomy can constitute actionable “neglect” within the Elder Abuse Act

Jeffrey I. Ehrlich

2017 November


Appellate Reports

The dangers and difficulties of trying to put “teeth” into a settlement by including provisions that increase the amount the settling defendant must pay if it fails to perform

Jeffrey I. Ehrlich

2017 December


Self-inflicted errors on the verdict form can torpedo your verdict

Six tips from an appellate lawyer about how to minimize the risk of inconsistent verdicts

Jeffrey I. Ehrlich

2017 December


Appellate Reports and Shorter Takes

Duty-of-care issues, particularly involving premises-liability cases where the premises abut a public street

Jeffrey I. Ehrlich

2018 February


Appellate Reports and Shorter Takes

FAA does not apply when son with power of attorney signs arbitration agreement with hospital, later sues for elder abuse in father’s death

Jeffrey I. Ehrlich

2018 April


Appellate Reports

Regents of the Univ. of California v. Superior Court (Rosen) — Holding that universities have a special relationship with their students, and therefore owe them a limited duty of care to protect them during “curricular” activities

Jeffrey I. Ehrlich

2018 May


Appellate Reports

In [case]Dynamex Operations[/case] Cal. Supreme Court adopts new test for “employee” vs. “independent contractor.” In [case]Pebley v. Santa Clara Organics[/case], appellate court oks medical care on a lien, even for plaintiffs with insurance

Jeffrey I. Ehrlich

2018 June


Appellate Reports

[case]Liberty Surplus Insurance v. Ledesma & Meyer Construction[/case] – Does an employer’s negligent hiring, retention, or supervision of an employee constitute an “accident”?

Jeffrey I. Ehrlich

2018 July