Issue By: Nelson E. Rivera Orlando Nakai v. Friendship House Association of American Indians, Inc., et al. Court of Appeal, First Appellate District (August 10, 2017) In Orlando Nakai v. Friendship House Association of American Indians, Inc., et al., the California Court of Appeal held that a former employee failed to prove marital status discrimination…

Issue By: Charles S. Redfield Erika Grotheer v. Escape Adventures, Inc., et al. Court of Appeal, Fourth Appellate District, 14 Cal.App.5th 1283 (August 31, 2017) Plaintiff Erika Grotheer (hereafter “Plaintiff”) was injured when her hot air balloon ride ended in a crash landing. She sued the balloon tour company, the balloon pilot and the vineyard…

Edited by: Charles Redfield Montrose Chemical Corporation of California v. Superior Court Court of Appeal, Second Appellate District (September 8, 2017) The California Second District Court of Appeals’ recent decision in Montrose Chemical Corporation of California v. Superior Court concerns the manner and sequence when an insured may access its excess comprehensive general liability (CGL)…

Edited by: Charles Redfield Latrice Rubenstein v. Doe No. 1 et al. SUPREME COURT OF CALIFORNIA, 3 Cal.5th 903 (August 28, 2017) Code of Civil Procedure §340.1(a) provides that an action for damages suffered as a result of childhood sexual abuse must be filed “within eight years of the date the plaintiff attains the age…

Issue By: Christina W. Sun Energy Insurance Mutual Limited v. ACE American Insurance Company Court of Appeal, First District (July 11, 2017) This case involves an insurance coverage dispute arising from an explosion that occurred when an excavator struck an unmarked petroleum pipeline. Kinder Morgan, Inc. owns and operates oil and gas pipelines. Comforce Corporation…

Issue By: Robert W. Lawton Alfonso Ayala v. Randy Dawson Court of Appeal, First District (August 4, 2017) Property owner Randy Dawson and tenant Alfonso Ayala signed a written contract in December, 1999, entitled “Residential Lease with Option to Purchase.” According to Ayala, he paid a “down payment,” “mortgage payments” and a $200/month “fee” in…

Issue By: James F. Regan Jacques Jacobs, et al. v. Coldwell Banker Residential Brokerage Company Court of Appeal, Second District (July 25, 2017) Defendant Coldwell Banker Residential Brokerage Company (Coldwell) marketed for sale a vacant, bank-owned property located in Simi Valley. The property had a backyard with an empty swimming pool and diving board. Prior…

Issue By: Rachel R. Ostrander Russell City Energy Co. LLC v. City of Hayward Court of Appeal, First District (August 7, 2017) In Russell City Energy Co. LLC v. City of Hayward, the California Court of Appeals held that a payments clause in a contract between the City and an electric company was unconstitutional because…

Issue By: Vernice T. Louie Joseph Petitpas v. Ford Motor Company, et al. Court of Appeal, Second Appellate District, 13 Cal.App.5th 261 (July 5, 2017) Plaintiffs Marline and Joseph Petitpas sued Exxon Mobil Corporation, Ford Motor Company, and numerous other defendants, alleging that Marline developed mesothelioma as a result of exposure to asbestos-containing products. Exxon…

Issue By: Catherine E. Golden Kathleen S. Swigart v. Carl Bruno Court of Appeal, Fourth Appellate District 8 Cal.App.5th, 529 (June 22, 2017) The California Court of Appeals held that those who choose to engage in an inherently risky activity, such as an endurance horseback riding event, assume the risk of injury. On March 3,…

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