There’s the 5 Second Rule, But Have You Heard of the 5 Year Rule?
They’re called deadlines for a reason. Usually, because something really bad could happen if you fail to meet the deadline. For those in the construction industry,…
Government Claims Act Does Not Apply to Actions Solely Seeking Declaratory Relief and Not Monetary Relief
Perhaps it should come as no surprise, but public entities get special treatment under the law, and when filing a claim against a public entity, in…
Contractor Prevails in Part Against CalOSHA in Valley Fever Case
Fever. Specifically, Valley fever. Caused by the fungus Coccidioides. It lives in the top two to 12 inches of soil, can become airborne when the soil…
Homeowner Who Wins Case Against Swimming Pool Contractor Gets a Splash of Cold Water When it Comes to Attorneys’ Fees
Looking outside as of late it seems like the glorious, sun-drenched days of Summer are just a nostalgic memory of days long gone. So, to bring…
9th Circuit Plumbs Through the Federal and State False Claims Acts
You may have heard of the False Claims Act and know that it penalizes companies and individuals in contract with the government who present false claims.…
You Say Tomato, I Say Tomahto. But When it Comes to the CalOSHA Appeals Board, They Can Say it Any Way They Please
We lawyers do a fair amount of reading. Documents. Court decisions. Passive aggressive correspondence from opposing counsel. As well as statutes, regulations and administrative guidance. And…
Jury Could Have Found That Scissor Lift Manufacturer Should Have Included “Better” Safety Features
A few years ago I listened to an NPR segment called “What Can Kids Learn by Doing Dangerous Things?” It was about a summer program called…
Hirer Not Liable Under Privette Doctrine Where Hirer Had Knowledge of Condition, but not that Condition Posed a Concealed Hazard
The Privette doctrine, so-called because of a case of the same name, Privette v. Superior Court , 5 Cal.4th 698 (1993), provides a rebuttable presumption that…
Motion for Summary Judgment Gets Pooped Upon
I’ve read some crappy motions over the years, some of which opposing counsel might even attribute to me, but I don’t think I’ve ever written about…
Public Contract Code Section 1104 Does Not Apply to Claims of Implied Breach of Warranty of Correctness of Plans and Specifications
It’s the classic tale of two cities. One city is occupied by architects and engineers. The other, by contractors. And while the cities typically co-exist relatively…
If You Can’t Dazzle Em’ With Brilliance, Baffle Em’ With BS: Apprentices on Public Works Projects
The “Big Four” when it comes to public works contracting on state and local projects in California are: Registration with the California Department of Industrial Relations…
Hirers Must Affirmatively Exercise Retained Control to be Liable Under Hooker Exception to Privette Doctrine
Don’t drink and drive people. I mean seriously. It’s been over 40 years since California native Candace Lightner formed Mothers Against Drunk Driving in 1980 after…
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