A few months ago, we reported on a unique order involving a juror and his Facebook posts. The California Supreme Court just denied review, so the case stands. Juror Number One v. Sup. Ct. (Royster) (Cal. Sup. Ct.; August 22, 2012) (Case No. S203713). Here is what we previously reported: Following a criminal conviction, the […]
No Loss Of Consortium Claim Under Labor Code §4558.
Where an employee is injured in the course and scope of his or her employment, workers’ compensation is generally the exclusive remedy of the employee and his or her dependents against the employer. (Labor Code §§ 3600(a), 3602). Labor Code §4558 authorizes an injured worker to bring a civil action for tort damages against his […]
Arbitration Clause In CC&R’s Binding On Association Which Did Not Exist When Drafted.
An owners association filed a construction defect action against a condominium developer, seeking recovery for damage to its property and damage to the separate interests of the condominium owners who compose its membership. In response, the developer filed a motion to compel arbitration, based on a clause in the recorded declaration of covenants, conditions, and […]
All Insurers Pay.
The California Supreme Court considered questions of insurance coverage in connection with a federal court-ordered cleanup of the Stringfellow Acid Pits waste site. The opinion reaffirmed “the ‘continuous injury’ trigger of coverage,” as that principle was explained in Montrose Chemical Corp. v. Admiral Ins. Co. (1995) 10 Cal.4th 645, 655, [913 P.2d 878; 42 Cal.Rptr.2d […]
California Supreme Court Limits Liability Of Manufacturers.
Defendant manufactured pumps and valves, and was sued for wrongful death caused by asbestos manufactured by third parties and added to the pumps after defendant sold them. The California Supreme Court held that “a product manufacturer may not be held liable in strict liability or negligence for harm caused by another manufacturer’s product unless the […]
California Supreme Court Explains Protections For Attorneys’ Work Product.
Two items were claimed to be work product: recordings of witness interviews conducted by investigators employed by counsel and information concerning the identity of witnesses from whom counsel obtained statements. Regarding the recorded statements, the Supreme Court stated: “we hold that witness statements procured by an attorney are not automatically entitled as a matter of […]
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