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 …
Latest Developments In DACA
2/19/18
By: Kenneth S. Levine
On 2/15/2018 four (4) separate legislative bills that sought to address the March 5th termination of the DACA program, border security, family-based immigration and the Diversity Lottery were put up for a vote in the …
Cumis Counsel Limited: Insurer-Appointed Counsel Requires Actual Conflict of Interest
2/9/18
By: David G. Molinari
The California Third District Court of Appeals has ruled that the right to Cumis counsel, independent counsel paid by the insurer (San Diego Federal Credit Union v. Cumis Insurance Soc’y, 162 Cal. App. 3d 358 (1984))…
Are Your Facebook Job Postings Violating the ADEA
2/8/18
By: Brenton S. Bean
So say putative class action plaintiffs in the Northern District of California. See Communications Workers of America et al v. T-Mobile US, Inc., et al, Case No. 5:17-cv-7232 (N.D. Ca), filed Dec. 20, 2017. Plaintiffs …
Navigating New California Employment Laws
2/1/18
By: David Daniels
Are you and your clients doing business in California prepared for the new employment laws that take effect in 2018? If you represent employers in the state of California, these laws may very well affect the daily …
Insurer Entitled To Prejudgment Attachment Against Insured Upon Establishing Probable Validity of Coverage and Recession Defenses
1/29/18
By: Rebecca J. Smith
A California Appellate Court recently ruled that an insurer was entitled to a prejudgment attachment on the property of its insured when the insurer provided what the court deemed to be ample evidence to support its …
Landowner Scope of Duty
1/11/18
By: Owen T. Rooney
The California Supreme Court recently issued an opinion that limits the scope of duty and liability in premises liability cases. In Vasilenko v. Grace Community Church, plaintiff was struck by a car as he crossed …
California’s Protecting Immigrant Worker Protection Act (AB-450)
1/11/18
By: Layli Eskandari Deal
On October 5, 2017 Governor Brown signed AB-450 into law further taking California into the federal immigration landscape. The new State law took effect on January 1, 2018.
Here are some key elements:
- Employers no longer
…
Puff, Puff, Veto!
1/10/18
By: Jason C. Dineros
This past Thursday, Attorney General Jeff Sessions rescinded the Obama-era’s relaxations for federal prosecutors of marijuana enforcement. This comes only four days into California’s open recreational use market, and potentially halts what has grown into a …
Enforcing the Rules: Are HOA Fines Too Heavy, Too Light or Just Right
12/21/17
By: David G. Molinari
Nearly one quarter of Californians live in a community governed by an HOA. Associations use fines to curb violations of governing documents. Some associations use fines excessively, while others only rarely. How should fines be used …
Employer Notification to Disseminate Updated Sexual Harassment Brochure or Poster to California Employees
12/11/17
By: Elizabeth G. Fellmeth
On April 1, 2016, stronger discrimination and harassment regulations under the Fair Employment and Housing Act (“FEHA”) took effect. In addition to distributing California’s Department of Fair Employment and Housing (“DFEH”) brochure on sexual harassment (DFEH-185), …