Issue By:  Janell Alberto Pacific Caisson & Shoring, Inc. v. Bernards Bros. Inc. Court of Appeal, Second Appellate District (May 18, 2015) Business and Professions Code Section 7031 precludes a contractor from maintaining any action to recover compensation for the performance of work requiring a license unless it was “a duly licensed contractor at all times during…

Issued by: Joseph M. Fenech Centex Homes v. St. Paul Fire & Marine Ins. Co., et al. Court of Appeal, Fourth Appellate District (May 22, 2015) In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. E060057, filed 5/22/15), a California Court of Appeal held that a developer’s declaratory relief lawsuit seeking the right to independent counsel…

Issue By:  James F. Regan Lilli Shoen v. Juliet Zacarias Court of Appeal, Second Appellate District (May 22, 2015) A trial court has the power to issue an equitable easement authorizing a trespasser to continue her trespass in exchange for paying damages, but only if, among other things, the hardship on the trespasser in ceasing the…

Issue By: Linda Meyer Justin Nolte et al., v. Cedars Sinai Medical Center Court of Appeal, Second Appellate District (May 21, 2015) In this case, the Appellate Court considered whether a “facility fee” charged to new patients by Cedars Sinai Medical Center (“Cedars”) was an unfair business practice under Business and Professions Code § 17200…

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