Author Info for Haight Brown & Bonesteel LLP

Shannon Blair

Governor Newsom Orders COVID-19 Compensation Presumption

On March 4, Governor Gavin Newsom proclaimed a State of Emergency exists for California due to the threat of COVID-19. On March 13, President Trump announced a national emergency in response to the coronavirus outbreak. Since…more

Coronavirus/COVID-19, Executive Orders, Governor Newsom, Rebuttable Presumptions, Sick Employees

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Thomas Brown

Doctor's Sexual Abuse Held Compensable and Disabling

In Applied Materials v. Workers Compensation Appeals Board and D.C. and Specialty Insurance Co. v. Workers’ Compensation Appeals Board and D.C., the Sixth Circuit of California’s Courts of Appeal annulled the WCAB award of…more

Disability, Health Care Providers, Permanent Disability, Sexual Abuse, Workers’ Compensation Appeals Board (WCAB)

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Bruce Cleeland

Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner

In Delgadillo v. Television Center, Inc., 2018 No. B270985, the California Court of Appeal examined and refined the Privette doctrine. Mr. Delgadillo worked as a supervisor/window cleaner for a company named Chamberlin…more

Employer Liability Issues, Negligence, Privette Doctrine, Subcontractors, Workplace Injury

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Yvette Davis

Employer Held Statutorily Obligated to Reimburse Employee's Work-From-Home Expenses

In Thai v. International Business Machines (IBM) Corp. No. A165390 (July 11, 2023), the Court of Appeal of the State of California First Appellate District, held that under Labor Code section 2802(a), the employer is required to…more

California, Employer Liability Issues, Labor Code, Reimbursements, Remote Working

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Andres De La Cruz

Can a Close Relative Who Hears a Car Crash on the Phone Sue for Negligent Infliction of Emotional Distress? California Supreme Court Says Yes.

The California Supreme Court’s decision this week in Downey v. City of Riverside, et al. ruled that such a claim did exist, expanding the contemporaneous zone of awareness for a Plaintiff to successfully recover for negligent…more

Bodily Injury, Damages, Emotional Distress Damages, Negligence

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Peter Dubrawski

Vehicle Owners and Employers Have Affirmative Duty to Ensure Their Drivers Are Licensed, California Court of Appeals Holds

On August 6, 2021, a California Court of Appeal held that an employer and a vehicle owner were liable under theories of negligent hiring and negligent entrustment, respectively, when each failed to conduct a reasonable inquiry…more

Appeals, Driver's Licenses, Motor Vehicles, Negligent Entrustment, Negligent Hiring

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Angela Haskins

Along for the Ride: Non-Patients May be Subject to MICRA's Limitations

In Lopez v. American Medical Response West (2023) Cal.Rptr.3d (2023 WL 2518511), the California Court of Appeal, First Appellate District, affirmed a lower holding that the one-year statute of limitations under professional…more

Health Care Providers, Malpractice Insurance, Medical Malpractice, MICRA, Negligence

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Arezoo Jamshidi

Failed to Timely Post Jury Fees and Waived a Jury? California Supreme Court Clarifies Burden for Parties Seeking Relief From Waiver

On February 26, 2024, the California Supreme Court issued an opinion in TriCoast Builders, Inc. v. Fonnegra (S273368), whereby the Court affirmed the judgment and determined the trial court did not abuse its discretion in…more

Juror, Jury Trial, Trial Practice Guidance, Trial Preparation

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Kaitlyn Jensen

Watch Your Step – Playing Golf on an Outdoor Course Necessarily Encompasses Risk of Encountering Irregularities in the Ground Surface

On April 27, 2023, the First District Court of Appeal issued an opinion in Walter Wellsfry, et al. v. Ocean Colony Partners, LLC (A165175, April 27, 2023) affirming summary judgment for a golf course owner on the grounds that…more

Appeals, Assumption of the Risk, Bodily Injury, Duty of Care, Negligence

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Gary LaHendro

Physical Alteration of Insured Property not Required for Coverage Under a Communicable Disease Coverage Extension

Physical Alteration of Insured Property is not Required for Coverage Under a Communicable Disease Coverage Extension Where “Direct Physical Loss or Damage” Under the Terms of the Insurance Policy Includes Costs Incurred by an…more

Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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Leah Mason

Suppliers of Inherently Dangerous Raw Materials Remain Excluded from the Protections of the Component Parts Doctrine

In Brady v. Calsol, Inc. 2015 No. B262028, the California Court of Appeal, Second District, reversed summary judgment for a raw materials supplier where there was a triable issue of fact as to whether the benzene levels…more

Auto Parts, Automotive Industry, Manufacturers, Suppliers, Toxic Exposure

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Philip McDermott

Double Check Your Work: Online Content Creators Who Use Defamatory Material From a Third Party May Not Be Protected By the Communications Decency Act of 1996

In Rose Bui v. Ngo Ky (No. G062338, filed May 8, 2024 and certified for partial publication), the California Court of Appeal, Fourth District reversed a trial court’s grant of a special motion to strike Plaintiff’s complaint…more

Anti-SLAPP, Communications Decency Act, Defamation, Online Platforms, Social Media

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Patrick McIntyre

Can a Jury Consider a Plaintiff’s Medicare Coverage in Evaluating Future Medical Damages Claims?

Can a Jury consider a Plaintiff’s medicare coverage in evaluating future medical damages claims? A California Court of Appeals held in the affirmative in David Audish v. David Macias; Case No. D081689…more

Bodily Injury, Damages, Health Care Providers, Health Insurance, Jury Trial

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Annette Mijanovic

California’s Meal and Rest Break Regulations are Preempted by Federal Hours of Service Regulations for Both Long Haul and Short Haul Commercial Truck Drivers

In the matter of Espinoza v. Hepta Run, Inc., et al. (Cal. Ct. App., Jan. 19, 2022, No. B306292) 2022 WL 167770, the Court of Appeal considered the following issue: Whether the Federal Motor Carrier Safety Administration’s…more

Commercial Truck Drivers, Employer Liability Issues, Rest and Meal Break, State Labor Laws, Wage and Hour

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Krsto Mijanovic

California Joins the Majority of States in Modifying Its Survival Action Statute To Now Permit Recovery for Pain, Suffering And Disfigurement

On January 1, 2022, California Code of Civil Procedure (“CCP”)Section 377.30 et seq., as amended by Senate Bill 447, otherwise known as the “survival action” statute1, goes into effect. On that date, all plaintiffs filing new…more

Cal Code of Civil Procedure, Damages, Survival Action

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Denis Moriarty

Loss of Business Income Due to the Governmental “Stay at Home” Orders Issued in Response to COVID-19 Was Not a Covered Loss

In Mudpie Inc. v. Travelers Casualty Insurance Company of America (No. 20-16858, filed October 1, 2021 ord. certified for publication October 4, 2021.), Mudpie Inc., a retailer of children’s products in San Francisco, filed a…more

Business Income, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases

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Kathleen Moriarty

Loss of Business Income Due to the Governmental “Stay at Home” Orders Issued in Response to COVID-19 Was Not a Covered Loss

In Mudpie Inc. v. Travelers Casualty Insurance Company of America (No. 20-16858, filed October 1, 2021 ord. certified for publication October 4, 2021.), Mudpie Inc., a retailer of children’s products in San Francisco, filed a…more

Business Income, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19, Infectious Diseases

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Kristian Moriarty

Plaintiff's Self-Serving Testimony Coupled with Purely Circumstantial Expert Testimony Held Sufficient to Defeat Summary Judgment

In Lyons v. Colgate-Palmolive Co. (filed October 19, 2017, A150567), the California Court of Appeal, First Appellate District, held that a plaintiff’s testimony regarding use of a particular manufacturer’s product, joined with…more

Asbestos, Expert Testimony, Manufacturers, Motion for Summary Judgment

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Suzanne Mulvihill

Remote workers and out-of-state employers raise tax issues

As more and more workers are required or encouraged to work from home in response to the COVID-19 pandemic, the consideration of jurisdictional income taxation becomes relevant – particularly when the worker performs services in…more

Coronavirus/COVID-19, Income Taxes, Out-of-State Employees, Remote Working, Telecommuting

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Bethsaida Obra-White

California Enacts and Expands COVID-19 Supplemental Paid Sick Leave

On March 19, 2021, California Governor Gavin Newsom signed Senate Bill (SB) No. 95, renewing and expanding the state’s COVID-19 Supplemental Paid Sick Leave, following the expiration of the federal Families First Coronavirus…more

Coronavirus/COVID-19, Governor Newsom, Paid Leave, Sick Leave, State Labor Laws

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Sean Paden

California Court of Appeal Affirms Trial Court's Motion for Summary Judgment for Failure to Comply With the Government Claims Act

On February 28, 2023, the California Fourth District Court of Appeal, Division One, issued an opinion in Hernandez v. Stockton (2023 WL 3142328), affirming the trial court’s granting of a Motion for Summary Judgment on a civil…more

Appeals, Bodily Injury, Motion for Summary Judgment, Trip and Fall

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Michael Parme

Court Slams the Privette Door on Independent Contractor’s Bodily Injury Claim

In Johnson v. The Raytheon Company, Inc., Case No. B281411 (2019) WL 1090217, plaintiff Laurence Johnson (Johnson) was a maintenance engineer employed by an independent contractor that provided control room staff to defendant…more

Bodily Injury, Independent Contractors, Privette Doctrine, Workplace Injury

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Theodore Penny

Doctor's Sexual Abuse Held Compensable and Disabling

In Applied Materials v. Workers Compensation Appeals Board and D.C. and Specialty Insurance Co. v. Workers’ Compensation Appeals Board and D.C., the Sixth Circuit of California’s Courts of Appeal annulled the WCAB award of…more

Disability, Health Care Providers, Permanent Disability, Sexual Abuse, Workers’ Compensation Appeals Board (WCAB)

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Gregory Rolen

Haight Partner Greg Rolen Testifies About SB 907 Before the California State Assembly

Haight Partner Greg Rolen who is general counsel for the Orange County Board of Education recently testified before the California State Assembly Education Committee on the disruptive nature of Senate Bill 907 which necessitates…more

Board of Education, Educational Institutions, Legislative Agendas, Redistricting, School Districts

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Keith Rozanski

Temporary Obstructions Are a Permanent Problem Under the Americans with Disabilities Act

Boxes, ladders, furniture or other objects commonly placed in aisles, walkways or paths may not be temporary obstructions and may be actionable under the Americans with Disabilities Act (ADA) according to a recent ruling by the…more

Americans with Disabilities Act (ADA), Appeals, Corporate Counsel, Disability Access Claims

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Jennifer Saunders

Mediation Confidentiality Bars Malpractice Claim but for How Long?

The California Court of Appeal yesterday upheld application of the mediation confidentiality statutes to bar a malpractice action which was based on the attorneys’ actions during mediation. John Amis vs. Greenberg Traurig LLP,…more

Attorney Malpractice, Confidential Information, Mediation

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Jeffrey Schmid

Court of Appeal Validates 998 Offer Holding That There is No Exception Under Section 998 for Intervening Changes in the Law

On February 27, 2024, the California Second District Court of Appeal issued an opinion in Jacob Ayers v. FCA US, LLC (B315884), in which it reversed the Los Angeles County Superior Court’s cost judgment following the settlement…more

Appeals, Attorney's Fees, Cal Code of Civil Procedure, Offer to Compromise, Section 998

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Steven Scordalakis

Court of Appeal Holds Truck Driver Not Liable for Unforeseen Roadrage under the Sudden Emergency Doctrine

The sudden emergency doctrine, also known as the imminent peril doctrine, provides a complete defense when a non-negligent actor is presented with a sudden and unexpected emergency. For the doctrine to apply, the defendant must…more

Car Accident, Road Rage, Summary Judgment

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Austin Smith

Can a Close Relative Who Hears a Car Crash on the Phone Sue for Negligent Infliction of Emotional Distress? California Supreme Court Says Yes.

The California Supreme Court’s decision this week in Downey v. City of Riverside, et al. ruled that such a claim did exist, expanding the contemporaneous zone of awareness for a Plaintiff to successfully recover for negligent…more

Bodily Injury, Damages, Emotional Distress Damages, Negligence

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Katie Trinh

Double Check Your Work: Online Content Creators Who Use Defamatory Material From a Third Party May Not Be Protected By the Communications Decency Act of 1996

In Rose Bui v. Ngo Ky (No. G062338, filed May 8, 2024 and certified for partial publication), the California Court of Appeal, Fourth District reversed a trial court’s grant of a special motion to strike Plaintiff’s complaint…more

Anti-SLAPP, Communications Decency Act, Defamation, Online Platforms, Social Media

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Kyle Waldie

Can a Close Relative Who Hears a Car Crash on the Phone Sue for Negligent Infliction of Emotional Distress? California Supreme Court Says Yes.

The California Supreme Court’s decision this week in Downey v. City of Riverside, et al. ruled that such a claim did exist, expanding the contemporaneous zone of awareness for a Plaintiff to successfully recover for negligent…more

Bodily Injury, Damages, Emotional Distress Damages, Negligence

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Haight Brown & Bonesteel LLP

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