Issue By: Trevor W. Montgomery Kawika Demara, et al. v. The Raymond Corporation, et al. California Court of Appeal, Fourth Appellate District (July 18, 2017) Kawika Demara was a warehouse employee at the time his foot was crushed under the drive wheel of a Raymond Corporation forklift that was custom made for his employer. He…

Edited by: Charles Redfield Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Co. Court of Appeal, Second Appellate District (July 3, 2017) In Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Co. (“Tustin”), an insurance coverage dispute involving an underground gasoline storage tank that had developed a crack in its fiberglass sheath, the…

Issue By: Nelson E. Rivera Victor Duarte v. Pacific Specialty Insurance Company Court of Appeal, First Appellate District (June 12, 2017) Under the legal principle of “rescission,” an insurance company can rescind an insurance policy if the insured makes “material” misrepresentations or conceals material facts. The insurer in this case unsuccessfully attempted to rescind an…

Issue By: Leeh A. DiBello Bristol-Myers Squibb Company v. Superior Court California, San Francisco County, et al. United States Supreme Court (June 19, 2019) More than 600 plaintiffs (most of whom were not California residents) brought product liability claims against Bristol Myers-Squibb Co. (“BMS”) in a California state court. Plaintiffs alleged personal injuries from ingesting…

Issue By: Charles S. Redfield Carmen Zubillaga v. Allstate Indemnity Company Court of Appeal, Fourth Appellate District (June 19, 2017) The “genuine dispute doctrine” provides an insurer a defense against a bad faith claim when there is a genuine dispute with the insured as to the existence of coverage or the amount of the insured’s…

Edited by: Charles Redfield Alan Heimlich v. Shiraz M. Shivji Court of Appeal, Sixth Appellate District (May 31, 2017) Must a party that has served a statutory offer to compromise pursuant to Code of Civil Procedure Section 998 present it to the arbitrator before the arbitration in order to recover post-offer costs? Under what circumstances…

Issue By: Rachel Ostrander CRST, Inc., et al. v. The Superior Court of Los Angeles County Court of Appeal, Second Appellate District (May 26, 2017) In CRST, Inc., et al. v. The Superior Court of Los Angeles County, the California Court of Appeals held that an employer’s admission of vicarious liability does not shield it…

Issue By: Catherine E. Golden Ann. E. Gillotti v. Eugene W. Stewart, et al. Court of Appeal, Third Appellate District (April 26, 2017) In Gillotti v. Stewart, the California Court of Appeals held that the Right to Repair Act, Civil Code § 895 (the “Act”), precludes common law claims for damages caused by construction defects…

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…

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