Court of Appeal Puts the “Equity” in Equitable Subrogation
Subrogation as a concept is well understood in insurance circles. According to the Institute of Risk Management Institute’s glossary of insurance terms subrogation is “the assignment…
Champagne Wishes and Caviar Dreams. Unlicensed Contractor Takes the Cake
Before the Kardashians, before Empire, before Crazy Rich Asians there was Lifestyles of the Rich and Famous with Robin Leach. The next case, Moore v. Teed,…
“Pay When Paid” Provisions May Not Be Dead, at Least Not Yet
Sophisticated contractors know that in California contractual “pay when paid” provisions are enforceable but that “pay if paid” provisions are not. “Pay If Paid” v. “Pay…
Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes
Sometimes it’s right there before your eyes. Then, poof, it’s gone. This was the experience of one insured, who brought a bad faith insurance denial claim…
California Mechanics’ Lien Case Treads Both Old and New Ground
People do the darnedest things. The next case, Carmel Development Company v. Anderson, Case No. H041005, 6th District Court of Appeals (April 30, 2020), involving a…
A Glimpse Into Post-Judgment Collections and Perhaps the Near Future?
According to a recent study conducted by the Harvard University, the University of Chicago, and the University of Illinois, more than 100,000 small businesses (firms with…
Lease-Leaseback Fight Continues
It’s like the rematch between Rocky Balboa and Apollo Creed. In the right corner we have the California Taxpayers Action Network. In the left corner, Taber…
Heads I Win, Tails You Lose. Court Finds Indemnity Provision Went Too Far
We all love David and Goliath stories. The underdog winning against the far stronger (and dastardly) opponent. Think Rocky Balboa versus Ivan Drago, the Star Wars…
California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
California provides three statutorily recognized construction payment remedies: (1) mechanics liens; (2) stop payment notices; and (3) payment bond claims. Each is intended to provide payment…
When it Comes to Trials, it’s Like a Box of Chocolates. Sometimes You Get the Icky Cream Filled One
According to the California Judicial Council you have about a one in three chance your case will go to trial. In 2018, of the 210,028 unlimited…
Sweet News for Yum Yum Donuts: Lost Goodwill is Not an All or Nothing Proposition
Last month a California Court of Appeals clarified that a property owner facing eminent domain is only required to prove partial loss of goodwill, not total…
Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion
When things go wrong on a construction project it’s often a scramble of finger pointing. In McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company,…
