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…

[Author Jernej Furman, CC-by-2.0 (cropped)]

2024 Construction Law Update

We would like to wish you and yours a happy holiday season as we approach 2024. The first half of the 2023-2024 legislative session saw the…

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…

Claims Litigated Under Government Claims Act Must “Fairly Reflect” Factual Claims Made in Underlying Government Claim

Unlike horseshoes and hand grenades, close sometimes isn’t close enough. In the next case, Hernandez v. City of Stockton, 90 Cal.App.5th 1222 (2023), the 3rd District…

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…

OSHA Issues Final Rule on Electronic Submission of Injury and Illness Data

The U.S. Occupational Safety and Health Administration (OSHA) has issued its final rule (Final Rule) on electronic submission of injury and illness information. The Final Rule…