Plaintiff filed a complaint in San Francisco County Superior Court, claiming that his property manager had impermissibly evicted him and taken his personal property. Plaintiff also claimed the conditions of his apartment breached the implied warranty of habitability. Charles Redfield of Low, Ball & Lynch represented the property manager. Plaintiff had been evicted from his…

Issue By:  Vernice T. Louie Underwriters of Interest Subscribing to Policy Number A15274001 v. ProBuilders Specialty Insurance Company Court of Appeal, Fourth Appellate District (October 23, 2015) The California Fourth Appellate District concluded the trial court erred in enforcing the escape clause in ProBuilders Specialty Insurance Company’s policy and reversed summary judgment. Underwriters of Interest…

Issue By:  Catherine E. Golden Michael Dorsey v. The Superior Court of San Diego (Crosier) Court of Appeal, Fourth Appellate District (October 22, 2015) Small Claims Court exists so those with meritorious claims under $10,000 can have their claims adjudicated without spending more on attorney fees than the claims are worth.  No attorney may take…

Issue By: David L. Blinn Arthur Grebow, et al. v. Mercury Insurance Company Court of Appeal, Second District (October 21, 2015) Homeowners’ policies are not intended to require that all maintenance costs incurred to prevent collapse or failure of a home be reimbursed.  Otherwise, they would effectively become maintenance agreements.  This case considered whether homeowners who…

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