Laura S. Flynn was identified as Super Lawyer for 2013. Ms. Flynn was recognized in the area of civil litigation defense. Congratulations to Laura! Ms. Flynn was been selected to present at this year’s Northern California Claims Conference in Sacramento on September 19, 2013. They will discuss “Evaluating and Resolving ADA Access Claims” in association…

Issue By: Joseph M. Fenech Stofer (Plaintiff and Appellant) v. Shapell Industries, Inc. (Defendant and Respondent) Court of Appeal, First Appellate District, Division 5 (January 15, 2015) Court of Appeal Case No. A139385; Contra Costa County Superior Court Case No. MSC10-00598 Plaintiff Donna Stofer (Plaintiff) purchased a home from Dr. Marcus M. Laux.  Two years later, she sued the…

Partner Kurt Bridgman has been appointed Chair of the Northern California Association of Defense Counsel’s (“ADC”) Substantive Law Committee on Landowner Liability. Partner Laura Flynn, an ADC Board Member, has been appointed Chair of the Substantive Law Committee on Employment Law. In association with her

Issue By: Guy W. Stilson Douglas Burdick v. The Superior Court of Orange County Court of Appeal, Fourth Appellate District (January 14, 2015) This case helps clarify when an Internet posting may be sufficient to support personal jurisdiction in California. California courts may exercise jurisdiction over nonresident defendants on any basis not inconsistent with the U.S….

Shareholder Laura Flynn obtained a dismissal in a wrongful death action filed in Alameda County. The decedent was riding her bicycle when she was struck by a tractor-trailer making a right turn. Ms. Flynn filed a demurrer to plaintiff’s complaint arguing that the decedent’s life…

Issue By:  David L. Blinn Belle Terre Ranch, Inc. v Kenneth C. Wilson, et al. Court of Appeal, First Appellate District (January 13, 2015) Code of Civil Procedure Section 1021.9 was enacted in 1986, and was intended to give agricultural landowners and ranchers a meaningful remedy for damage caused by trespassers breaking through fences to take…

Article by: David L. Blinn, Esq. The purpose of the Contractors’ State License Law (Business & Professions Code sections 7000 et seq.) is to “protect the public from incompetent or dishonest providers of building and construction services,” and prohibits a contractor who has violated the statue from recovering “for the fruits of his labor.” This…

Article by: Karen L. Moore, Esq. The California Court of Appeals recently issued two decisions holding that California’s Right to Repair Act (“SB 800”) is not the exclusive remedy for a homeowner seeking damages for construction defects that have also resulted in property damage. Rather, a homeowner who incurs property damage due to construction defects…

Article by: Charles S. Redfield Since the California Supreme Court issued its decision in Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal.4th 541, general contractors and their insurers have been able to force subcontractors to participate in the defense of general contractors through Type I indemnity agreements without needing to establish the subcontractor’s liability….

by Christine Balbo Reed In Forrest Construction, Inc. v. The Cincinnati Insurance Co., 703 F.3d 359 (2013) the United States Court of Appeals for the Sixth Circuit held that an insurer breached its policy with an insured contractor when it declined to defend the contractor from a counterclaim for defective workmanship asserted by the contractor’s…

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