Issue By:  Joshua K. Bart Anthony Toste v. CalPortland Construction et al. Court of Appeal, Second Appellate District (March 2, 2016) In many tort actions, plaintiff will argue that the defendant violated some statute or ordinance and was presumed “negligent per se,” and thus at fault.  However, although a finding of negligence per se may…

Issue By:  Elizabeth I. Stewart Jon Taylor, et al. v. Nu Digital Marketing, Inc. Court of Appeal, Third Appellate District (February 29, 2016) An unlawful detainer action is authorized and governed by California Code of Civil Procedure §1161 et seq. and is designed to provide an expeditious remedy for the recovery of possession of real…

Issue By:  Charles S. Redfield Milton Howard Gaines v. Fidelity National Title Insurance Company Supreme Court of California (February 25, 2016) Code of Civil Procedure (hereafter “C.C.P.”) § 583.310 requires an action to be brought to trial within five years after it is commenced.  Pursuant to C.C.P. § 583.630(a), if this deadline is not met,…

Issue By:  David L. Blinn Amco Insurance Company, et al. v All Solutions Insurance Agency, LLC Court of Appeal, Fifth Appellate District (February 8, 2016) Equitable subrogation is most commonly employed when an insurer pays its insured for losses and then pursues an action against the wrongdoer whose wrong caused the loss paid by the…

On February 24, 2016, Partners Sonja Blomquist and David Blinn joined Carlos Perez and Robert Potter of Great American Insurance’s Environmental Division as speakers at the Contractor’s Pollution Liability seminar. The seminar was hosted by Mary Grandy and Epic Insurance Brokers and Consultants in Sacramento.  Sonja and Dave spoke on minimizing risk for construction projects using…

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