Issue By: Elizabeth I. Stewart Veera et. al. v. Banana Republic, LLC COURT OF APPEAL, SECOND APPELLATE DISTRICT (December 15, 2016) The Unfair Competition Law (Bus. & Prof. Code, §17200 et seq.) (“UCL”) and the False Advertising Law (Bus. & Prof. Code §17500 et seq.) (“FAL”) prohibit not only advertising which is false, but also…

Issue By: David Blinn Advent, Inc. v National Union Fire Ins. Co. of Pittsburgh, PA Court of Appeal, Sixth Appellate District (December 6, 2016) Historically, “other insurance” clauses in liability policies were designed to prevent multiple recoveries when more than one policy provided coverage for a given loss. Where such clauses are given effect, each…

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: 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…

Issue By: Leeh DiBello Manuel Nava v. Saddleback Memorial Medical Center, et al. Court of Appeal, Fourth Appellate District (October 18, 2016) Recently, in Flores v. Presbyterian Intercommunity Hospital (2016) 63 Cal.4th 75, the California Supreme Court held that Code of Civil Procedure § 340.5’s one-year statute of limitations for professional medical care negligence applied…

Issue By: David L. Blinn Christie Hjelm, et al. v. Prometheus Real Estate Group, Inc. Court of Appeal, First Appellate District (October 5, 2016) Civil Code § 1942.4 provides for attorneys’ fees in an unlawful detainer action in conjunction with a tenant’s affirmative defense arguing as to habitability in certain very specific situations. In addition,…

Issue By: Eric C. Fonferek Sassa Minnegren v. Joshua B. Nozar Court of Appeal, Second Appellate District (October 24, 2016) In auto collision cases, the law establishes “that every mistake of judgment is not negligence, for mistakes are made even in the exercise of ordinary care, and whether such mistakes constitute negligence, is a question…

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