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…

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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…

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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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Issue By: Vernice T. Louie Michael J. Sumrall, et al., v. Modern Alloys, Inc. Court of Appeal, Fourth Appellate District (April 13, 2017) California Jury Instruction No. 3724 sets forth the Going-and-Coming Rule – Business Errand Exception, which states: “in general, an employee is not acting within the scope of employment while traveling to and…

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Issue By: Leeh A. DiBello Ruth Featherstone v. Southern California Permanente Medical Group California Court of Appeal, Second Appellate District (April 19, 2017) Plaintiff alleged that while working for Southern California Permanente Medical Group (“Permanente”), she suffered a “temporary” disability which arose as a result of a “relatively uncommon side effect of the medication” she…

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