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The Saga Continues – SB 800 Update – California’s Right to Repair Act

The Right to Repair Act has reared its ugly head again. In Elliott Homes, Inc. v. Superior Court (Hicks) 2016 DJAR 11930, the Third Appellate District issued a writ of mandate ordering a stay of pending litigation until plaintiffs satisfied

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AND THE WINNER (PREVAILING PARTY) IS….

The California Supreme Court recently addressed whether a party that voluntarily dismisses an action, in exchange for a settlement payment, is entitled to recovery of costs as “the prevailing party.” In deSaulles v Community Hospital of the Monterey Peninsula 2016

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Posted in Legal and Evidentiary Issues

If A Tree Falls And No One Hears It, Does Inverse Apply?

Confronted with a bevy of wildfire and flood claims, public and private utilities frequently contend that the instrumentality responsible for causing damage does not constitute a “public use” required for an inverse condemnation claim. The California Court of Appeals, Second

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Posted in Damages, Government Tort and Inverse

A Deal Is Not A Deal, Until It’s A Deal

California Code of Civil Procedure section 664.6 was enacted in 1981 to provide a summary procedure to enforce settlements. That statute provides that a settlement may be enforced by motion either when an agreement is signed by all parties outside

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Principal Architect Liability

 The California Supreme Court, in Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (2014) DJDAR 8787, recently held that an architect which serves as principal architect on a project owes a duty of care to future homeowners in the design of a

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Right to Repair Act Defense Rejected in California Subrogation Cases

Christmas has come early for the California subrogation community! A recent decision from the Court of Appeals has held that the 2002 “Right to Repair Act” (aka SB 800) does not apply to cases in which a property owner has

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Protect Yourself Before Voluntarily Filing A Dismissal

  In the throes of the dog days of Summer, a recent California decision has placed a chilling effect on voluntary dismissals. In Loong v Superior Court, 2013 DJAR 9593, the Court of Appeals, Second Appellate District, held that a

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California Court Affirms Strict Product Liability Despite Third-Party Criminal Act

A California court has given new meaning to the judicial maxim “on a clear day you can foresee forever!”  In Collins v Navistar 2013 DJAR 4169, the Court of Appeals, Third Appellate District, held that a manufacturer could be held

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USC Notches Important Courtroom Victory

Just days after ending a disappointing football season, USC scored a major legal victory in the California Supreme Court.  In Sargon Enterprises v. University of Southern California, 2012 DJAR 15846, a Court of Appeals ruling permitting expert testimony on potential

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Subrogation vs Contribution–Does it Matter?

Practitioners and judges frequently use the terms subrogation and contribution interchangeably. This is legally incorrect and, as one insurance company recently learned, the distinction between the two concepts can be fatal. In American States Insurance Company v. National Fire Insurance

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