Issue By: Linda Meyer Asma Pouzbaris v. Prime Healthcare Services-Anaheim, LLP Court of Appeal, Fourth Appellate District (April 23, 2015) On June 13, 2010, plaintiff Asma Pouzbaris (“Plaintiff”) was admitted to defendant’s hospital and she was placed in a room with a private bathroom.  Two days later, while still in defendant’s care, she slipped and fell while…

Issued by: Joseph M. Fenech David Belasco v. Gary Loren Wells, et al. Court of Appeal, Second Appellate District (February 17, 2015) In 2004, David Belasco (“Belasco”) bought a home from general contractor/builder Gary Wells (“Wells”).  After closing escrow, he immediately filed a Contractors State License Board (“CSLB”) complaint against Wells alleging roughly 150 construction defects,…

Issue By:  David L. Blinn Hung Van Ong v. Fire Insurance Exchange Court of Appeal, Second Appellate District (April 3, 2015) California’s standard form for fire insurance policies (Insurance Code section 2071) requires coverage for all loss by fire but allows exclusion for liability for a loss occurring while a covered property is vacant or unoccupied…

Issue By:  Karen L. Moore Jose Vargas v. FMI, Inc. et al. Court of Appeal, Second Appellate District, Division Three (January 23, 2015) In Vargas, California’s Second Appellate District held that the Privette doctrine does not shield a motor carrier operating under a federal franchise from liability for tort injuries to employees of its independent contractors….

Issue By:  David L. Blinn Jessica Gonzalez v. Fire Insurance Exchange, et al. Court of Appeal, Sixth Appellate District (March 4, 2015) Typically, claims of sexual assault or claims related to sexual assault are not covered under a standard liability policy, because they do not meet the definition of an “occurrence,” and it is thought that…

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