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…

Issued by: Sonja E. Blomquist Creed-21 v. City of Wildomar Court of Appeal of the State Of California, Fourth Appellate District, Division Two November 28, 2017 Walmart wanted to build a store in Wildomar. An alleged non-profit, social advocacy organization named Creed-21, represented by the Briggs Law Corporation filed a Writ of Mandate challenging the…

Issue By:  Rachel R. Ostrander California Cannabis Coalition v. City of Upland State Supreme Court of California (August 28, 2017) In California Cannabis Coalition v. City of Upland State, the Supreme Court of California held that while the state constitutional restriction prohibits the government from imposing taxes on cannabis products, such taxes can be imposed…

Issue By: Nelson E. Rivera Orlando Nakai v. Friendship House Association of American Indians, Inc., et al. Court of Appeal, First Appellate District (August 10, 2017) In Orlando Nakai v. Friendship House Association of American Indians, Inc., et al., the California Court of Appeal held that a former employee failed to prove marital status discrimination…

Issue By: Charles S. Redfield Erika Grotheer v. Escape Adventures, Inc., et al. Court of Appeal, Fourth Appellate District, 14 Cal.App.5th 1283 (August 31, 2017) Plaintiff Erika Grotheer (hereafter “Plaintiff”) was injured when her hot air balloon ride ended in a crash landing. She sued the balloon tour company, the balloon pilot and the vineyard…

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