Wendel, Rosen, Black & Dean LLP

Design Immunity of Public Entities: Sometimes Designs, Like Recipes, are Better Left Alone

April 23, 1985 will live in infamy. It was the day the Coca-Cola Company announced it was changing its “secret” recipe and introducing a new kind of Coke, referred to by the public as simply, “new Coke.”…more
| Intellectual Property, Personal Injury

Implied Dedication of Private Property to the Public: the Law is Unsettled

Let’s say you own private property including a roadway that connects to public streets on either end. The public has, for a couple of decades, used your private roadway for vehicular ingress and egress to and from the public…more
| Real Estate - Residential, Zoning, Planning & Land Use

The Right to Repair Act Isn’t Out for the Count, Yet. Homebuilders Fight Back

The Little Case That Roared - Two years ago we wrote about a case that caused an uproar in the homebuilding industry – Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC, 219 Cal.App.4th 98 (2013) – in which…more
| Commercial Law & Contracts, Construction Law, Real Estate - Residential

Governor Signs AB2 Allowing for a New Tool to Combat Blight in Disadvantaged Communities

After rejecting earlier attempts to revive redevelopment, Governor Jerry Brown signed Assembly Bill 2 on September 22, 2015, creating a new process to allow local governments to address blight in economically disadvantaged…more
| Commercial Law & Contracts, Construction Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

CSLB Reminds California Public Works Contractors to Renew Their Public Works Registration

A friendly reminder from the Contractors State License Board . . .   CSLB Urges Public Works Contractors to Renew Dept. of Industrial Relations Registration before October 1 to Avoid Hefty Penalty…more
| Construction Law

Is it the End of the Story for Redevelopment in California?

Long, long ago (in 2012 to be exact) in a land not so far away (also known as California), legislation which allowed local governments to establish redevelopment agencies tasked with eliminating blight through the development,…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Zoning, Planning & Land Use

Attorneys Fees Under California’s Prompt Payment Statutes. Contractor’s “Win” Fails the Sniff Test

This past month, the California Court of Appeals for the Third District, in  James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc., Case No. C072169 (August 27, 2015), handed down a decision in a construction…more
| Business Torts, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law

Flag on the Play! Expired Contractor’s License!

It’s football season again. Which means, of course, that in addition to touch downs and field goals, you’ll also see hooting and hollering when the ref throws down a yellow flag signaling that a foul has been committed…more
| Construction Law

Adidas Means Business: Sues Skechers for Copycat Sneakers

Just coming off the heels of the lawsuit it filed against Marc by Marc Jacobs on April 8, 2015, adidas America, Inc., adidas AG, and adidas International Marketing B.V. (collectively, “adidas”) filed suit against Skechers USA,…more
| Civil Remedies, Business Torts, Intellectual Property

Judicial Foreclosure: Things That Can Go Sideways During The Redemption Period

Judicial foreclosure is uncommon in California. In most cases, lenders will pursue nonjudicial foreclosure (aka “trustee’s sales”), which are simple, quick, and efficient. But when a lender is dead-set on recovering a…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

The Best Allegation in a Lawsuit

And the award for Best Allegation in a Lawsuit goes to … Overton v. Anheuser-Busch Company…more
| Communications & Media Law, Intellectual Property

Playing Hot Potato: Indemnity Strikes Again

Indemnity can be like playing hot potato (for those of you closer to the Minecraft generation, in the game of hot potato, a metaphoric “hot potato” is tossed between (ahem amongst) players while music is playing, and when the…more
| Construction Law, Finance & Banking

Trade Secrets Case Against Zillow Gains Steam

This is a short update to a previous post, Zillow Case Shows Danger of Unprotected Trade Secrets During Business Negotiations, posted on May 8, 2015. In that post, we described a trade secrets lawsuit filed against Zillow…more
| Commercial Law & Contracts, Labor & Employment Law, Intellectual Property

The Buck Stops Over There: Have Indemnitors Become the Insurers of First and Last Resort?

Insurance and indemnity are the primary risk management strategies on construction projects. Insurance, such as commercial general liability insurance, insures against third party claims for bodily injury and property damage,…more
| Construction Law, Personal Injury, Insurance

Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts

If you’re a public works contractor in California you’re familiar with prevailing wages. The Prevailing Wage Law, a Depression era law designed to encourage the hiring of local labor, sets a minimum wage that employers must pay…more
| Commercial Law & Contracts, Construction Law, Government Contracting, Labor & Employment Law
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