Sausage-Making Often Relies on the Good Sense of the Chef Rather than the Recipe
Even for lawyers, the rules governing litigation can get complex and convoluted. Does something need to be filed? What needs to be filed? When is the…
The Deadline to File Suit on a Public Works Payment Payment Bond is Triggered by a Claimant’s Work on a Project Not by a Claimant’s Work Under a Contract
California law requires that prime contractors furnish a payment bond – providing for payment to lower-tiered subcontractors and suppliers – on state and local public works…
In the Eye of the Beholder: Court of Appeal Finds Duty of Care Owed by Owner and Contractors for Death of Minors Caused by Independent Truck Driver
I was a T.A. for my high school history teacher, a really smart and nice guy, Mr. Reynolds. In the room at the back of…
At the Intersection of Indemnity and Prevailing Wages
In a case that I’m frankly surprised I don’t see more of, the 2nd District Court of Appeal of California examined an indemnity claim by a…
At the Border of Contract and Torts in Construction Disputes
“The declining significance of privity has found its way to construction law.” So begins the 4th District Court of Appeal’s decision in Lynch v. Peter &…
Fairness is Relative. Workers Compensation and the Dreaded Section 7031
I’ve lost my share of cases over the years. Winning of course, feels great, and losing doesn’t. But losing teaches lessons that winning rarely can. At…
Tesla, Trafficking and the False Claims Act
Living in California, illegal immigration has been a topic of debate for as long as I can remember. But I can’t think of a time when…
Just Because You Can, Doesn’t Mean You Should. The “Retained Control” Exception to the Privette Doctrine
Eating an entire bag of “family” sized potato chips in one sitting. Guilty. Binge watching the entire new season of Black Mirror over a weekend. Guilty.…
Mind Those Deadlines! Party Loses Appeal of Arbitration Decision by Failing to Timely File a Petition to Vacate
Arbitration provisions are increasingly common in construction contracts. Indeed, the boilerplate AIA contract documents include a standard arbitration provision providing for arbitration before the American Arbitration…
The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy
In CBRE v. Superior Court, 102 Cal.App.5th 639 (2024), the 4th District Court of Appeal grappled with a thorny and not-so-thorny issue involving injured parties…
Court Retained Jurisdiction to Enforce Settlement Under Code of Civil Procedure Section 664.6 Despite Dismissal of Complaint
Attorneys will commonly add a Code of Civil Procedure section 664.6 provision in their settlement agreements to ensure that courts have continuing jurisdiction to enforce the…
Word of the Day: “Contractor”
What’s in a word? When it comes to insurance policies, a word, can potentially mean millions of dollars. In California Specialty Insulation, Inc. v. Allied World…
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