The Effects of the California Wildfires Continue
1/7/19
By: Matthew Jones
The California Insurance Commissioner recently issued a press release regarding the extensive insured losses from the numerous California wildfires. Those losses total over $9 billion, and are even expected to rise. The losses span across various lines …
A Holly(cal) Jolly (Almost) Christmas
12/28/18
By: Zach Moura
In what is sure to be the beginning of a slew of cases litigating coverage for injuries caused by drones, the U.S. District Court for the Central District of California recently issued an opinion denying coverage under …
Limitations On Directors & Officers’ Liability Coverage
12/20/18
By: David Molinari
Directors and Officers (D&O) Liability Insurance is insurance coverage intended to protect individuals from personal losses if they are sued as a result of serving as a Director or Officer of a business or other type of …
As of 1/1/19 California Lawyers & Clients Going To Mediation Have To Sign This
12/19/18
By: Greg Fayard
Come January 1, 2019, California lawyers who participate in mediations will need to provide written disclosures to their clients explaining mediation confidentiality. Further, California lawyers must get written acknowledgment from clients that they understand mediation confidentiality before…
Notice Prejudice Rule Alive and Well in California
12/6/18
By: Zach Moura
California’s Second District Court of Appeal said October 16th (Marty Lat v. Farmers New World Life Insurance Co., No. B282008, Calif. App., 2nd Dist., Div. 1, 2018 Cal. App. LEXIS 932) that under the notice …
Yelp Can’t Be Ordered to Remove Defamatory Reviews by A California Lawyer’s Unhappy Former Clients
12/3/18
By: Frank Olah
On July 2, 2018, in Hassell v. Bird (2018) 5 Cal.5th 522, the California Supreme Court held that Section 230 of the Communications Decency Act of 1996 prohibits courts from ordering Yelp to remove defamatory consumer reviews …
HOA’s Situated in California’s Coastal Zone May Not Unilaterally Ban Airbnbs
11/27/18
By: Frank Olah
In the past few years, online booking sites such as Airbnb have predominated the short-term vacation rental market. As a result, many of California’s traditional vacation destinations have seen a surge in short-term rental (STR) activity causing …
The Cannabis Industry Takes Another Step Towards Mainstream
11/12/18
By: David Molinari
In 1996, the People of the State of California first passed an initiative to legalize medicinal cannabis. The legislature toyed with drafting the statutory framework regulating the medical cannabis industry. Finally, in 2014 the first “legal” medicinal …
YMCA Owes No Duty To Provide Or Use AEDs When Renting Field To Private Soccer Club
10/17/18
By: Carlos Martinez-Garcia
California’s Fourth District Court of Appeal recently affirmed the trial Court’s order granting summary judgment in favor of the YMCA, disposing of a wrongful death lawsuit involving a patron who died of a heart attack on their …
Women On Board
10/16/18
By: Rebecca Smith
Nearly one-quarter of California-headquartered publicly held domestic or foreign corporations have no female directors. No later than the close of the 2019 calendar year, those companies will need to add at least one. Senate Bill 826 (SB …
Ninth Circuit’s Decision Upholding Arbitration Clause Enables Uber To Sidestep Substantive Issues Regarding Misclassification
10/10/18
By: Laura Flynn
In O’Connor v. Uber, a case in which California Uber drivers assert they should be categorized as employees rather than independent contractors, the Ninth Circuit Court of Appeals recently issued an order reversing the district court’s denial …
#MeToo Movement Leads to New California Laws
10/9/18
By: Gretchen Carner
California Governor Jerry Brown signed into law several work-related bills that will make it easier for workers to speak out about and sue over workplace sexual harassment. The new laws codify a broader definition of sexual harassment …