The statute of limitations defense seems simple: when a party has waited too long to bring a claim, the claim is barred by the passage of time prescribed by the Legislature. Complexity arises when the following factors are considered: what is the applicable time period; when does it begin; are there circumstances when the time…

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February 21, 2013 | Author: Thomas J. LoSavio Dissolved corporations are frequently sued after their dissolution has taken place in an effort to reach insurance policy coverage for the claim being made. California has a statute, Corporation Code §2010, which does not limit the time for bringing lawsuits against dissolved corporations. Other states have statutes…

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February 13, 2013 | Author: Thomas J. LoSavio California courts have generally granted qualified experts wide latitude in permitting their opinion testimony to be heard by a jury. In the recent case of Sargon Enterprises, Inc. v University of Southern California (2012) 55 Cal.4th 747, the California Supreme Court clarifies the standards trial courts should…

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February 11, 2013 | Author: David L. Blinn (2012) 55 Cal.4th 186 Construction defect claims often involve continuous and progressive loss. Recently, in State of California v. Continental Insurance Co., the California Supreme Court weighed in on whether successive policy limits can be stacked in such losses, although the loss there was a pollution clean-up…

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February 11, 2013 | Author: Joseph Aguilar The beginning of 2013 brings many different changes in the world of California Construction Law. California Senate Bill 474 (“SB 474”), passed in 2011, provided sweeping changes to the indemnity obligations of contractors and subcontractors in private commercial construction projects entered into after January 1, 2013. This legislation…

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February 01, 2013 | Author: Joseph M. Fenech UPDATE: The California Supreme Court recently granted review of Beacon Residential Community Association v. Skidmore, Owings and Merrill, a case examined by Joseph Fenech in the February issue of Low, Ball & Lynch’s Construction Law & Litigation Newsletter. The Appellate Court held that design professionals, as matter…

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