Issue By: David Blinn Tidwell Enterprises, Inc., et al. v. Financial Pacific Ins. Co., Inc. Court of Appeal, Third Appellate District (December 20, 2016) According to Merriam-Webster’s Collegiate Dictionary, Pyrolysis is a “chemical change bought about by the action of heat.” In this case, the Court was asked to consider whether repeated exposure of wood…

Issue By: Catherine E. Golden Yung-Shen Steven Lee v. Howard Rich Court of Appeal, Fourth Appellate District (November 30, 2016) In 1982, the California Legislature enacted the Enforcement of Judgments Law (“EJL”), Code of Civil Procedure section 680.10 et seq., setting forth the standards for enforcing judgments by writ of execution. The EJL made sales…

Issue By: Nelson Rivera, J.D. & Christine B. Reed Brian Driscoll et al. v. Granite Rock Company Court of Appeal, Sixth Appellate District (November 30, 2016) Labor Code section 226.7, subdivision (b) requires that an employer cannot require an employee to work during any meal or rest period mandated pursuant to an applicable order of…

Issue By: David Blinn Al Khosh v. Staples Construction Company, Inc. Court of Appeal, Sixth Appellate District (October 26, 2016) Under Privette v. Superior Court (1993) 5 Cal.4th 689, an employee of an independent contractor generally may not recover damages for work related injuries from the contractor’s hirer. An exception is when the hiring party…

Issue By: Guy W. Stilson Kesner v. Pneumo Abex, LLC Supreme Court of California (December 1, 2016) We first reported on this case on May 14, 2014, when the Court of Appeal ruled. The case was further appealed to the California Supreme Court, which combined it with another case (Haver v. BNSF Railway Co.) which…

Issue By: Thomas J. LoSavio Gary Kase v Metalclad Insulation Corporation Government Contractor Defense Available to Broker Which Arranged for Asbestos-Containing Insulation to Be Provided to Navy California Court of Appeal, First Appellate District (November 22, 2016) The Government Contractor defense is available in asbestos lawsuits brought against manufacturers and suppliers of military hardware and…

Issue By: David Blinn Hiroshi Horiike v. Coldwell Banker Residential Brokerage Co., et al. Supreme Court of California (November 21, 2016) In real estate transactions, it is not uncommon for one agent to represent both the buyer and the seller. In such dual agency situations, the agent owes fiduciary obligations to both parties. This case…

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