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Strict Adherence to the Government Claims Act is Required

J.M., a Minor, etc. v. Huntington Beach Union High School District - Supreme Court of California 2 Cal.5th 648 (March 6, 2017) - Government Code sections 810 et seq. (“The Act”) set forth the procedures and...more

Recovery of Contractual Attorneys’ Fees for Tort and Contract Claims - Dismissing Contract Action May Mean Attorney’s Fee...

Dismissing Contract Action May Mean Attorney’s Fee Liability. Neeshat S. Khan v. Michael Shim - Court of Appeal, Sixth Appellate District (December 29, 2016) - Civil Code § 1717(b)(2) generally bars the award...more

[Webinar] Insurance Coverage Issues, Challenging Damages in High Exposure Cases, A Humorous History of Asbestos Litigation, and...

This Webinar will cover four topics that include Insurance Coverage Issues, Challenging Damages in High Exposure, A Humorous History of Asbestos Litigation, and a California Case Law update....more

Immunity for Mandated Reporters-Elder Abuse

Maria Delaluz Santos v. Kisco Senior Living, LLC et al. - Court of Appeal, Fourth Appellate District (July 22, 2016) - The Elder Abuse and Dependent Adult Civil Protection Act, codified in Welfare and Institutions...more

Dismissal of Class Action – No Community of Interest

Jeffrey Schermer, et al. v. Thomas T. Tatum, et al. Court of Appeal, Fourth Appellate District (March 18, 2016) Class actions are permitted “when the question is one of a common or general interest, of many...more

No Escape from Duty to Defend By Escape Clause

Underwriters of Interest Subscribing to Policy Number A15274001 v. ProBuilders Specialty Insurance Company - Court of Appeal, Fourth Appellate District (October 23, 2015) - The California Fourth Appellate District...more

Express Waiver of Assumption of Risk – Gross Negligence Exception

Stacey Chavez, et al. v. 24 Hour Fitness USA, Inc. - Court of Appeal, Sixth Appellate District (July 8, 2015) - California’s public policy in favor of sporting and leisure activities provides strong support for...more

Torts – Negligence – Assumption of the Risk

Robert Fazio, Jr. v. Fairbanks Ranch Country Club - Court of Appeal, Fourth Appellate District (January 29, 2015) - Primary assumption of the risk completely bars a plaintiff’s recovery. However, summary...more

An Electronic Signature is More Than a Printed Name on an E-Mail

J.B.B. Investment Partners, Ltd., et al. v. R. Thomas Fair, et al. - Court Of Appeal, First Appellate District (December 5, 2014) - The Uniform Electronic Transactions Act (UETA) was promulgated in Civil Code...more

Weekly Law Resume - January 2014: Defamation – Torts – Privacy Rights – California’s “Shine the Light” Law

David Boorstein v. CBS Interactive, Inc. - Court Of Appeal, Second Appellate District (December 19, 2013) - In 2003, California passed the “Shine the Light” law (“STL”), in Civil Code Section 1789.83. This allows...more

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