Issue By:  Janell M. Alberto Settlement – Recovering Costs Under CCP § 998 – Multiple Defendants’ Settlement Offer Brian Kahn v. The Dewey Group, et al. California Court of Appeal, Second Appellate District (September 8, 2015) Code of Civil Procedure section 998 (§ 998) is a tool that allows litigants to further settlement efforts by…

Plaintiff filed a lawsuit in Alameda County alleging that he had contracted mesothelioma, a cancer which has been linked to asbestos exposure. He sued a number of defendants, including a public entity represented by Low, Ball & Lynch, alleging that the defendants caused him to be exposed to asbestos at various times. Guy Stilson, a Low,…

Issue By:  Linda Meyer David Johnson, et al. v. United States Steel Corporation Court of Appeal, First District (September 1, 2015) In a products liability case, a plaintiff may seek recovery on theories of both negligence and strict liability.  Strict products liability was originally applied to manufacturers of consumer goods but has been extended to…

Issue By: David L. Blinn Lee v California Capital Ins. Co. Court of Appeal, First District (June 18, 2015) All fire insurance policies issued in California must be on a standard form that includes an appraisal provision as set forth in Insurance Code section 2071.  Under the statutorily mandated appraisal provision, the parties are required…

Issue By:  Eric C. Fonferek Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido, Inc. Court of Appeal, Fourth Appellate District (July 2, 2015) The Appellate Court reviewed three issues on appeal in this case.  First, when does the statute of limitations on an express indemnity claim start?  Second, what is the proper balancing…

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