A few months ago, the California Supreme Court limited the liability of manufacturers resulting from asbestos manufactured by third parties in O’Neil v. Crane Co. (2012) 53 Cal.4th 335, [266 P.3d 987; 135 Cal.Rptr.3d 288]. In this case, the Court of Appeal found the exception articulated in O’Neil comes into play, stating the machine here […]
If You Want To Work Here, Sign This.
Carpet installers were told to sign a form contract when they were hired and again during their employment. The contract included an arbitration provision among its 37 paragraphs, a six-month statute of limitations and a unilateral attorney fee provision which worked to the detriment to the employees. The forms were in English and the employees […]
Abuse Of Discretion To Deny Plaintiffs Leave To Amend.
In another asbestos case against the same manufacturer, defendant contended the Court of Appeal could not consider the proposed amendments to the complaint because the pleading was not timely presented below. The appellate court did not buy the argument, stating the proposed pleading states causes of action for strict liability and negligence and that “a […]
Lease Doesn’t Last Forever.
Commercial lease term stated: “Provided that Tenant shall not then be in default hereunder, Tenant shall have the option to extend the Term of this Lease for 5 (FIVE) YEARS additional FIVE year periods upon the same terms and conditions herein contained . . . .” The trial court concluded the lease grants the tenant […]
There’s A New Tort In Town.
It’s called intentional interference with expected inheritance [IIEI]. Two adult males were in a long-term committed relationship when one was hospitalized and awaiting surgery. He asked his partner to prepare a will dividing his estate equally between his estranged sister and the partner. The partner prepared the will and sent a copy of it to […]
Don’t Delay Discovery.
Two patients were involuntarily held in a county mental institution. The female patient alleges the male patient sexually assaulted her. An investigation revealed the locking mechanism on her door was faulty, enabling the door to simply be pulled open. Plaintiff wanted to reopen discovery after defendants produced evidence the doctors and nurses had no knowledge […]
Video: Mechanic’s Lien Rights – Construction Attorney Mark Mellor
Video: California attorney Mark Mellor on “Mechanic’s Lien Rights”. Important information for homeowners, project managers, or contractors.
A Deed Of Trust Is Not A Mortgage.
Civil Code §2932.5 states: “Where a power to sell real property is given to a mortgagee . . .[t]he power of sale may be exercised by the assignee if the assignment is duly acknowledged and recorded.” Here a deed of trust was assigned but not recorded, and the homeowner lost in the trial court. Despite […]
Joint Offer Under Cal. Civ. Proc. §998 To Spouses Okay.
Plaintiffs contended a Civ.Proc. §998 offer made jointly to a husband and wife is void. The trial court rejected the argument and the Court of Appeal affirmed, stating: “A section 998 offer may be made jointly to spouses because, under the California’s community property law, a cause of action for personal injury damages is community […]
Serves ’em Right! Lawyers To Pay Sanctions For Frivolous Appeal.
Plaintiff provided court reporting services to clients of defendants in prior lawsuits. Defendants claimed the charges were too high. When the court reporting service sued the lawyers for breach of contract, the lawyers brought a special motion to strike under the anti-SLAPP statute [Civ.Proc. §425.16], which the trial court denied. The appellate court was not […]