Issued by: Catherine E. Golden Janice H. v. 696 North Robertson, LLC Court of Appeal, Second Appellate District (July 14, 2016) Under California law, an owner of land has a duty to take affirmative action to control the wrongful acts of third persons that threaten invitees where the owner has reasonable cause to anticipate such…

Issue By: Leeh A. DiBello Palm Springs Villa II Homeowners Association, Inc. v. Erna Parth Court of Appeal, Fourth Appellate District (June 21, 2016) The “business judgment rule” refers to a judicial policy of deference to the business judgment of corporate directors in the exercise of their broad discretion to make corporate decisions. Under this…

Issue By: Trevor W. Montgomery Dan Popescu v. Apple Inc. Court of Appeal, Sixth Appellate District (July 1, 2016) The elements of the two separate but related torts of intentional interference with contractual relations (contract interference) and intentional interference with prospective economic advantage (business interference) are substantially the same, but a plaintiff alleging business interference must…

Issue By: David L. Blinn Clayton D. Paslay, et al. v. State Farm General Insurance Company Court of Appeal, Second Appellate District (June 27, 2016) Under the genuine dispute doctrine, an insurer denying or delaying the payment of policy benefits due to the existence of a genuine dispute with its insured as to the existence…

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