Issued: Elizabeth Stewart Pebley v. Santa Clara Organics, LLC Court of Appeal, Second Appellate District (May 2018) Typically, an insured injured plaintiff many not introduce evidence of the full amount billed by his or her medical providers. Pursuant to Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, an injured plaintiff with health…

Issued by: Charles S. Redfield The Regents of the University of California, et al. v. The Superior Court of Los Angeles County California Supreme Court (March 23, 2018) Defendant The Regents of the University of California was sued by a student who received serious injuries in an attack by another student in a U.C.L.A. classroom…

Issued by: N. Zeke Rivera Urgent Care Medical Services, et al. v. City of Pasadena, and related actions Second Appellate District, Division Four The City of Pasadena Municipal Code expressly prohibits medical marijuana dispensaries. Pasadena’s Zoning Code states that any land or structure used contrary to the code is unlawful and a public nuisance. This…

Issue By: Vernice T. Louie Travis Sakai v. Massco Investments, LLC Court of Appeal, Second Appellate District (February 8, 2018) Taco Truck Case re: Duty Defendant Massco Investments LLC (Massco) owned a gas station with a parking lot which it leased to a taco truck. Plaintiff drove into the lot to buy food from the…

Issue By: J. Stephanie Krmpotic Luis Gonzalez v. John R. Mathis, et al. Court of Appeal, Second District (February 6, 2018) The Privette doctrine, protects the hirers of independent contractors from liability for workplace injuries involving “peculiar risk.” In this case, the trial court granted a motion for summary judgment brought by the property owner…

Issue By: Catherine E. Golden Bustos v. Global P.E.T., Inc., et al., Fourth Appellate Court of Appeal, No. E065869 (Jan. 16, 2018) The California Court of Appeals affirmed the denial of attorneys’ fees for an employee despite the jury finding that his physical condition was “a substantial motivating reason” for his termination. William Bustos was…

Issued by: Joseph M. Fenech McMillin Albany LLC, et al., v. The Superior Court of Kern County, Respondent; Carl Van Tassel, et al., Real Parties in Interest Case No. S229762; January 18, 2018 This case decided whether common law actions alleging construction defects involving economic loss and property damage must be submitted to the pre-litigation…

Issued by: Leeh DiBello T.H., a Minor v. Novartis Fourth Appellate District, Division One The California Supreme Court upheld the Court of Appeal’s decision allowing individuals who were injured by a generic drug to sue the brand-name pharmaceutical company who manufactured the drug years before. In this case, Plaintiffs’ mother was prescribed terbutaline, a generic…

Issued: Eunji Cho California-American Water Co. v. Marina Coast Water District, et al. Court of Appeal of the State of California, First Appellate District, Division One November 15, 2017 The California-American Water Company, a water utility, was ordered to find a new source of water. California-American thereafter entered into five agreements with public water agencies,…

Issued by: Sonja E. Blomquist Southern California Gas Company, Petitioner, v. The Superior Court of Los Angeles County Respondent; First American Wholesale Lending Corporation, et al., Real Parties in Interest 18 Cal.App.5th 581 Court of Appeal of the State of California Second Appellate District Division Five December 15, 2017 Seven business plaintiffs sued Southern California…

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