To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 

Torts

The issue of duty is an important concept in negligence. Last month, the Fourth District Court of Appeal published a new case addressing whether a contract between a Costco store and an independent contractor operating food sample tables in the store could effectively limit the duty the independent contractor owed to Costco customers in the store. A video discussing the case is above and my summary of the case is below.

New Torts Decision 

Hassaine v. Club Demonstration Services, Inc. (2022) _ Cal.App.5th _ , 2022 WL 1195331: The Court of Appeal reversed the trial court's order granting defendants' motion for summary judgment in plaintiff's action alleging negligence and damages arising out of her slip and fall on a slippery substance on the floor of...

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 

Insurance

California Insurance Code section 533 prohibits insurance companies from providing indemnity for intentional acts. Last month, the First District Court of Appeal published a new case addressing whether an insured successor to a paint manufacturer that had promoted the use of lead paint was entitled to indemnity for a settlement payment of $101,666,666 made by the insured. A video discussing the case is above and my summary of the case is below.

New Insurance Decision 

Certain Underwriters at Lloyd's etc. v. Conagra Grocery etc. (2022) _ Cal.App.5th _ , 2022 WL 1164981: The Court of Appeal affirmed the trial court's order granting plaintiff insurance carriers' motion for summary judgment in a coverage action where plaintiffs alleged they were not...

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 

Evidence

The California Penal Code prohibits recording a telephone conversation without the consent of the persons on the call. Last month, the First District Court of Appeal published a new case addressing whether a recorded telephone conversation that was not consented to can be used to impeach a witness. A video discussing the case is above and my summary of the case is below.

New Evidence Decision 

Quintero v. Weinkauf (2022) _ Cal.App.5th _ , 2022 WL 998964: The Court of Appeal affirmed the trial court's evidentiary rulings and the judgment for plaintiff awarding her $1.3 million in compensatory damages, $6,000 in punitive damages, $850,000 in attorney fees, and $60,000 in costs. Plaintiff's action alleged the tort of stalking, assault,...

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 

Arbitration

A regular issue before the California courts is whether a new U.S. Supreme Court decision has overruled the California Supreme Court decision in Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348. Last month, the Second District Court of Appeal published a new case addressing whether recent U.S. Supreme Court decisions have overruled Iskanian regarding Private Attorney General Act (PAGA; Labor Code, section 2699 et seq.) cases in California. A brief video discussing the case is above and my summary of the case is below.

New Arbitration Decision 

Wing v. Chico Healthcare & Wellness Centre (2022) _ Cal.App.5th _ , 2022 WL 1261452: The Court of Appeal affirmed the trial court's order denying defendant's motion...

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 

Legal Malpractice

I've been thinking for years that the anti-SLAPP statute (Code of Civil Procedure section 425.16) could create potential legal malpractice liability for California lawyers. Now it has. Last month, the Second District Court of Appeal published a new case addressing whether attorneys and law firms can be liable for not discussing with clients the potential risks and damages if a defendant files a successful anti-SLAPP motion to strike. In the video above I briefly discuss this new case. My summary of the case is below.

New Legal Malpractice Decision 

Mireskandari v. Edwards Wildman Palmer LLP (2022) _ Cal.App.5th _ , 2022 WL 1055417: The Court of Appeal reversed in part, and affirmed in part, the trial court's order granting defendants' motion...

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 

 Torts

The issue of tort duty is constantly evolving in California. Last month, the Second District Court of Appeal published a new decision addressing whether a residence for the disabled owes a duty under tort law to protect residents from potential harm from contractors used by the residence. In the video above I briefly discuss this new case. Below is my summary of the case.

New Tort Decision 

Doe v. Brightstar Residential Incorporated (2022) _ Cal.App.5th _ , 2022 WL 714127: The Court of Appeal reversed the trial court's order granting defendants' motion for summary judgment in plaintiff's action against defendants, a residence for the disabled and its owners, as a result of a sexual assault of plaintiff by a handyman used by the residence....

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 

 Arbitration

In UIM arbitrations the trial court, not the arbitrator, decides discovery issues. Last month, in a case of first impression, the First District Court of Appeal published a new decision addressing whether a party in a UIM arbitration can appeal a discovery ruling after the trial court confirms the arbitration award. In the video above I briefly discuss this new case. Below is my summary of the case.

New Arbitration Decision 

State Farm Mutual Automobile Ins. Co. v. Robinson (2022) _ Cal.App.5th _ , 2022 WL 765906: The Court of Appeal affirmed the trial court's judgment confirming an uninsured motorist arbitration award against defendant. In uninsured-motorist arbitration proceedings discovery disputes are resolved by a trial court, not the...

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 

 Torts

The issue of tort duty is constantly evolving in California. Last month, the California Supreme Court published a new decision addressing whether a lender owes a borrower a duty under tort law when responding to a request for a loan modification. In the video above I briefly discuss this new case. Below is my summary of the case.

New Torts Decision 

Sheen v. Wells Fargo Bank (2022) _ Cal.5th _ , 2022 WL 664722: The California Supreme Court affirmed the trial court's order sustaining defendant's demurrer to plaintiff's cause of action alleging negligence in defendant's responses to plaintiff's loan modification requests. The California Supreme Court ruled that a lender does not owe the borrower a tort duty sounding in general negligence...

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month. 

 Evidence

A question that can arise during trial is whether a party can use a discovery deposition, taken in an earlier action, under the hearsay exception in Evidence Code section 1291(a)(2). Last month, the California Supreme Court published a new decision addressing this issue. In the video above I briefly discuss this new case. Below is my summary of the case.

New Evidence Decision 

Berroteran v. Superior Court (2022) _ Cal.5th _ , 2022 WL 664719: The California Supreme Court reversed the Court Appeal's decision concluding that discovery deposition testimony in an earlier action was admissible under the hearsay exception in Evidence Code, section 1291(a)(2). Although the parties had settled the case, the California Supreme Court exercised its...

To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month.

 Torts

There are many immunities that can derail a plaintiff's tort case, and the recreational immunity is one of them. Last month, the Second District Court of Appeal published a new decision addressing whether a jogger who was training for a half-marathon was engaged in a recreational purpose. In the video above I briefly discuss this new case. Below is my summary of the case.

New Tort Decision 

Rucker v. WINCAL, LLC (2022) _ Cal.App.5th _ , 2022 WL 336718: The Court of Appeal affirmed the trial court's order granting defendant's motion for summary judgment on the basis that plaintiff's personal injury action was barred by the recreational use immunity in Civil Code section 846(a). Plaintiff, who was training for a half-marathon, was jogging on property...