Issue By: Catherine E. Golden Emanuele Secci v. United Independent Taxi Drivers, Inc. Court of Appeal, Second Appellate District 8 Cal.App.5th 846 (February 15, 2017) The California Court of Appeals reinstated a jury verdict of $335,000 after it concluded that there was no public regulation of the taxi cab industry that would shield the taxi…

The CA Court says that willfully cutting down your neighbor’s trees is a ‘treble’ thing for noneconomic damages if it annoys/disturbs your neighbor. Issue By: Leeh A. DiBello Jeanette E. Fulle v. Kaveh M. Kanani Court of Appeal, Second Appellate District (January 31, 2017) Cutting down your neighbor’s trees could be costly as non-economic damages…

Trail immunity will not protect against being hit by a stray golf ball, but it may provide certain parties with absolute immunity from resulting litigation. Issue By: Joshua K. Bart Miguel Leyva, et al. v. Crockett & Company, Inc. Court of Appeal, Fourth Appellate District (January 25, 2017) Under Government Code § 831.4, “trail immunity,”…

Purchasing optional liability coverage for employees’ foreseeable personal use of company vehicles can prevent your employees from being financially at risk. Issue By: David L. Blinn Insurance Coverage – Exclusion for Vehicles “Normally Made Available” Javier Medina v. Geico Indemnity Company Court of Appeals, Fifth Appellate District 213 Cal.Rptr.3d 502 (February 8, 2017) What coverage…

A residential builder must assert insufficiency of claimant’s notice within 14 days under the California Right to Repair Act also known as SB 800. Issue By: Sonia T. Ahmad William Blanchette, et al. v. The Superior Court of Imperial County California Court Of Appeals, Fourth Appellate District (February 10, 2017) The Right to Repair Act,…

The Right to Repair Statute in California requires a homeowner show a breach of contract or negligence to succeed. Issue By: Joseph M. Fenech Acqua Vista Homeowners Association v. MWI, Inc. California Court of Appeals, Fourth Appellate District (January 26, 2017) Civil Code § 8951 et seq. (the “Act”) establishes a set of building standards…

Hostile work environments require both prompt and effective responses from employers. Issue By: James F. Regan Efrain Reynaga v. Roseburg Forest Products Court of Appeals, Ninth Circuit (January 26, 2017) Courts have long recognized that a workplace in which racial hostility is pervasive constitutes a form of discrimination. When the workplace is permeated with discriminatory…

Issue By: Trevor W. Montgomery Ruth Stueve, et al. v. Buchalter Nemer, et al. Court of Appeal, Fourth Appellate District January 18, 2017 Under California law, an action must be “brought to trial” within five years of the filing of a civil complaint. If the time period is not tolled by statute, the case must…

Dismissing Contract Action May Mean Attorney’s Fee Liability. Issue By: Vernice T. Louie Neeshat S. Khan v. Michael Shim Court of Appeal, Sixth Appellate District (December 29, 2016) Civil Code § 1717(b)(2) generally bars the award of attorneys’ fees after a voluntary dismissal of a breach of contract cause of action. In this case, the…

Issue By: Christine Balbo Reed Jennifer Augustus, et al. v. ABM Security Services, Inc. California Supreme Court (December 22, 2016) The California Supreme Court reinstated a nearly $90 million award recently supporting a class action claim of security guards who said that their on-call rest breaks were unlawful. In 2005, Jennifer Augustus (“Augustus”) filed the…

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