Under the “completed and accepted doctrine,” once a contractor completes work that is accepted by the owner, the contractor is not liable to third parties injured as a result of the condition of the work, even if the contractor was negligent in performing the contract, unless the defect in the work was latent or concealed. […]
No Duty To Defend.
Company A advertised its product, which resembled and had a name similar to the product sold by Company B. Company A’s advertisement, however, did not identify Company B’s product expressly and did not disparage Company B’s product. When Company B sued, Company A made a demand on its insurer to defend under an insurance policy […]
But The Parole Board Was Wrong.
Under Penal Code §3550, the Board of Parole Hearings denied medical parole to a quadriplegic inmate who requires 24-hour care. The Court of Appeal reversed, concluding it found no evidence showing the conditions of the inmate’s release would reasonably pose a threat to public safety. In re Steven C. Martinez on Habeas Corpus (Cal. App. […]
Deference Should Be Given To Prison Authorities.
A finding that an inmate in state prison is a gang member or associate can result in the inmate’s placement in a security housing unit under Cal. Code Regs., tit. 15, § 3023, subd. (b). In this case, the inmate had several photocopied drawings containing symbols assertedly distinctive to the Mexican Mafia, and one of […]
Neighbor Pays For “Hack Job” To Tree.
Another case involving a neighbor cutting down portions of a tree. The trial court awarded damages of $22,530, which it doubled under Civil Code § 3346 to total $45,060. Under Civil Code § 1029.8, the court awarded an addition $50,148 for attorney fees because the tree trimmer was unlicensed. Calling the tree cutting a “hack job,” the […]
Those Running For Judicial Office Beware!
Judge was publicly admonished for violating the Political Reform Act [Government Code §§81000-91014.] when he ran for judicial office in 2008. At that time, he was an attorney-candidate. An audit of the judge’s campaign committee by the Fair Political Practices Commission revealed violations of the Act. There was no evidence of any intent to conceal […]
Lawyer May Cross-Complain Against Other Lawyers Who Independently Reviewed Settlement.
It started out the usual way. Lawyer had the temerity to sue client for fees, and client promptly cross-complained for legal malpractice in the handling of the underlying marital dissolution action. Lawyer turned around and cross-complained against other lawyers who gave counsel in the settlement of the underlying action. The trial court granted a motion […]
Burden Of Proof Shifts In Equitable Contribution Action.
After a construction defect action settled, one insurer brought an action for equitable contribution against another insurer. The trial court ordered defendant to pay 43 percent of the defense costs and settlement as well as prejudgment interest. The appellate court stated “the burdens and proof are altered somewhat when one insurer with a defense duty […]
Collection Assignment Valid.
A creditor and a creditor assignee reached an agreement whereby the assignee agreed to collect a debt and pay the creditor $5,000, $100 per month until the $5,000 was satisfied and 50 percent of the recovery. The trial court found the agreement to be void against public policy because it did not constitute a valid […]
Summary Adjudication of Issues In Insurance Bad Faith Cases Reversed.
In a fire damage/insurance bad faith case, the trial court granted defendants’ motions for summary adjudication of issues. As to the plaintiffs who lost because they did not timely submit a proof of loss, the appellate court reversed, stating: “In order to enforce a defense based upon plaintiffs’ failure to provide a timely proof of […]
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