Plaintiff is a health care district is a public agency established in 1948 pursuant to the Health and Safety Code. Defendants include one of the hospitals that was operated by the district prior to 1998 as well as a nonprofit corporation formed to operate the hospital for the district. In 2004, when defendant hospital faced closure […]
Sometimes You Just Gotta Ask In Bad Faith.
Plaintiff was injured in a collision and filed suit three and a half months later. Liability against the insured defendant was clear. Seven months after the collision, plaintiff provided medical records to the insurance company. Four months after that, the insurer tendered its policy limits of $100,000. Two years after that, after a bench trial, judgment […]
No More City Of Bell Wringing.
A former City Of Bell manager was prosecuted by the Attorney General and sued civilly for wasting City Of Bell funds. When requested by the former manager, the City Of Bell declined to provide the man with a defense. The former city manager brought an action against the City Of Bell for declaratory relief asking the court for a declaration […]
Duty To Defend Despite A Self-Insured Retention Clause.
The issue here involved a Self-Insured Retention [SIR] clause in an insurance policy. The appellate court noted that some insurance policies expressly and unambiguously make payment of a SIR obligation a condition of any obligation under the policy, including the duty to defend. Here, the policy stated in relevant part: “1. Our total liability for […]
Arbitration Agreement Lacking Specific Provisions About How Arbitration Will Be Conducted Found To Be Enforceable.
A trial court denied a petition to compel arbitration, finding there was no valid arbitration agreement because there was no specification about what agency or person would conduct it or how the arbitrator would be selected. The appellate court reversed, stating “because the court has the power to appoint an arbitrator under [Code of Civil Procedure] […]
Landlord May Hold Open Houses.
Tenant lives in a condominium subject to the Santa Monica rent control regulatory scheme. The landlord listed the property for sale, but the tenant would not permit open houses on weekends, and would permit the property to be shown only pursuant to appointments. Frustrated, the landlord filed an action for declaratory relief. The trial court’s order […]
Unanticipated Consequences To Lawyers Having Arbitration Clause In Retainer Agreements.
Plaintiffs filed suit against their own lawyers based upon the inadequacy of a settlement in an underlying action. The lawyers successfully moved to compel the action to arbitration based upon an arbitration clause in the attorney retainer agreement. Plaintiffs filed a motion in the trial court seeking an order compelling the lawyers to advance the entire […]
Post-Riverisland World: Estimates Can Support A Claim For Fraud.
After a tenant moved into a shopping center, its share of expenses for property taxes, insurance and common maintenance substantially exceeded the landlord’s pre-lease-signing estimates. The tenant sued for fraud, rescission based on mutual mistake, mistake of fact, breach of lease and breach of the implied covenant of good faith and fair dealing. The trial court […]
Treble Damages To Salespersons Who Had No Written Contract.
Plaintiff agreed to use his experience and connections in the high-tech electronic industry to help grow a company owned by defendants. Plaintiff prepared a written document outlining the business relationship with defendants, which included his understanding he would receive 50 percent of the net profits from all sales resulting from his efforts and contacts. The parties […]
CIGA Sent Packing In Workers’ Compensation Case.
Applicant in a Workers’ Compensation action was on the payroll of a company, but was working as a personal assistant for the president of the company. The company had one insurer and the president of the company had homeowner’s insurance with another insurer. Of course, there were arguments about who employed her, but the parties were […]
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