California Court Clarifies Grounds for Law Firm Disqualification
1/30/19
By: Brett Safford
In O’Gara Coach Company, LLC v. Joseph Ra, 2019 Cal.App. Lexis 12, the California Court of Appeal clarified the grounds on which a law firm can be disqualified. The Court reversed the decision of the trial court …
Insurer Side Beware: Litigation Privilege for Pre-Suit Communications Extends Only To The Party Contemplating Filing Of Litigation
1/14/19
By: Tim Kenna & Kristin Ingulsrud
Strawn v. Morris, Polich & Purdy—filed Jan. 4, 2019, Court of Appeal of California, First District, Division Two 2019 Cal.App. LEXIS 9*—makes explicit that the application of the litigation privilege to pre-suit claims …
Loss of SEC Commissioners Piwowar and Stein May Wreak Havoc on SEC’s Proposed Fiduciary Regulations
6/1/18
By: Ted Peters
On May 7, 2018, Republican SEC Commissioner Michael Piwowar announced that he will resign effective July 7, 2018. Piwowar’s five-year term expires on June 5, but SEC commissioners are permitted to remain in office for up to …
DOL Fiduciary Rule Suffers a Slow Death
5/15/18
By: Ted Peters
In 2016, the U.S. Department of Labor (“DOL”) promulgated a set of rules and regulations now infamously referred to as the “Fiduciary Rule.” After multiple criticism and legal challenges, the Fifth Circuit Court of Appeal struck down …
"Lien On Me, When You're Insured …”*
5/11/18
*Apologies to Bill Withers.
By: Zach Moura
On May 8, 2018, the Court of Appeal, Second District, upheld a trial court’s decision that an insured plaintiff who chooses to receive treatment from providers who are outside of his private health …
DOJ Fails to Challenge 5th Circuit Ruling Striking Fiduciary Rule
5/3/18
By: Theodore C. Peters
On March 15, 2018, the Fifth Circuit Court of Appeal stuck down the “fiduciary rule” proposed by the Department of Labor (DOL), which required brokers to act in the best interests of their clients in retirement …
New Clarity for California CCP 998 Offers
4/18/18
By: Gretchen S. Carner
California Code of Civil Procedure section 998 settlement offers (“998 offer”) are valuable settlement tools, often under-utilized in prevailing party attorneys’ fees cases. The California Court of Appeal has bolstered defendants’ ability to confidently make valid …
Homeowners’ Associations: Banning Short Term Rentals May Violate California Coastal Act
4/9/18
By: Jeffrey R. Cluett
The California Court of Appeal overturned a denial of a preliminary injunction of a homeowners’ association resolution banning short term rentals (“STR”). It found that appellants made a prima facie case that the ban violated the …
Multi-Million Dollar California Verdict Affirmed Despite Questionable Causation
3/6/18
By: Theodore C. Peters
Proof of causation is a frequently debated topic in tort cases where the battle between “possible” and “probable” is bitterly fought. Tort victims are left empty-handed unless they can sufficiently demonstrate the causal connection between the …
Continuing Fiduciary Relationship Does Not Always Toll the Statute of Limitations in California
3/5/18
By: Brett C. Safford
In Choi v. Sagemark Consulting, 18 Cal. App. 5th 308 (2017) (“Choi”), plaintiffs, husband and wife, filed a lawsuit in November 2010 alleging that defendants, their former financial advisors, offered negligent and fraudulent financial …
Ongoing … Ongoing … Gone! — California Finds Ambiguity in Additional Insured Endorsements Addressing Ongoing Operations
10/30/17
By: Zach Moura
In two recent published decisions, the California Court of Appeal held that additional insured endorsements (“AIE”) intended to limit coverage to damages sustained while the insured is performing ongoing operations were ambiguous.
In Pulte Home Corporation v. …
Will California Change the Statute of Limitations for Presentation of Minors' Claims under the Government Claims Act?
10/2/17
By: Owen T. Rooney
In J.M. v. Huntington Beach Union High School District, 2017 Lexis 2017, the California Supreme Court ruled that a minor plaintiff was required to comply with the time requirements for petitioning a court for relief …