Issue By: David L. Blinn California Fair Plan Association v. Marlene Garnes Court of Appeal, First Appellate District (June 14, 2017) On a fire insurance policy, is a “total loss” one in which the damage exceeds the fair market value of the property, or one in which the total structure is destroyed? That was the…

Issue By: Trevor W. Montgomery Christopher Mendoza v. Nordstrom, Inc. Supreme Court of California (May 8, 2017) California Labor Code § 551 states: “Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.” Labor Code § 552 states: “No employer of labor shall cause his employees to work…

Issue By: Vernice T. Louie Michael J. Sumrall, et al., v. Modern Alloys, Inc. Court of Appeal, Fourth Appellate District (April 13, 2017) California Jury Instruction No. 3724 sets forth the Going-and-Coming Rule – Business Errand Exception, which states: “in general, an employee is not acting within the scope of employment while traveling to and…

Issue By: Leeh A. DiBello Ruth Featherstone v. Southern California Permanente Medical Group California Court of Appeal, Second Appellate District (April 19, 2017) Plaintiff alleged that while working for Southern California Permanente Medical Group (“Permanente”), she suffered a “temporary” disability which arose as a result of a “relatively uncommon side effect of the medication” she…

The consideration exception to CA’s recreational use immunity statute is contingent upon payment of consideration, not its receipt by the party seeking immunity. Issue By: Joshua K. Bart Pacific Gas and Electric Company v. The Superior Court of San Mateo County (Rowe) Court of Appeal, First Appellate District (April 5, 2017) In Pacific Gas and…

Issue By: Sonia T. Ahmad Muhammad Iqbal v. Imran Ziadeh COURT OF APPEAL, THIRD APPELLATE DISTRICT (March 24, 2017) The issue in this case is whether plaintiff’s release in a previous case immunized defendant Imran Ziadeh (“Ziadeh”) against liability arising from the same accident because Ziadeh was an “affiliate” of Yosemite Auto Sales, Inc., its…

Subcontractors can still owe indemnity to general contractors even when the general is found liable for active negligence or willful misconduct. Oltmans. Issue By: Charles S. Redfield Oltmans Construction Co. v. Bayside Interiors, Inc. Court of Appeal, First Appellate District, 10 Cal.App.5th 355 (March 30, 2017) Civil Code § 2782.05 renders an indemnity provision in…

Issue By: Thomas J. LoSavio Cuevas v. Contra Costa County First Appellate District, Division One (April 27, 2017) In an ordinary personal injury lawsuit, a defendant may not introduce evidence of amounts the plaintiff received from insurance covering the injuries. This rule is called the “collateral source” rule. The public policy behind the rule is…

Issue By: James F. Regan Wilson Dante Perry v. Bakewell Hawthorne, LLC Supreme Court of California 2 Cal. 5th 536 (February 23, 2017) After a trial date is set, a party may demand a simultaneous exchange of expert witness information by all parties. (Code Civ. Proc. § 2034.210.) Unreasonable failure to respond makes the noncomplying…

Defendant prevails on summary judgment motion by objecting to expert declaration based on assumptions of fact without evidentiary support or on speculation Issue By: Elizabeth I. Stewart Sanchez v. Kern Emergency Medical Transportation Corporation COURT OF APPEAL, FIFTH APPELLATE DISTRICT (February 6, 2017) An expert opinion filed in opposition to a summary judgment must be…

© 2015 LOW, BALL & LYNCH | DISCLAIMER | PRIVACY

CONNECT WITH US: