Insurance
California Insurance Code section 533 prohibits insurance companies from providing indemnity for intentional acts. Last month, the Fir...
Evidence
The California Penal Code prohibits recording a telephone conversation without the consent of the persons on the call. Last month, the ...
Arbitration
A regular issue before the California courts is whether a new U.S. Supreme Court decision has overruled the California Supreme Court...
Legal Malpractice
I've been thinking for years that the anti-SLAPP statute (Code of Civil Procedure section 425.16) could create potenti...
Torts
The issue of tort duty is constantly evolving in California. Last month, the Second District Court of Appeal published a new decision addressing whether a residence for the disabled owes a duty under tort law to protect residents from potential harm from contractors used by the residence. In the video above I briefly discuss this new case. Below is my summary of the case.
New Tort Decision
Doe v. Brightstar Residential Incorporated (2022) _ Cal.App.5th _ , 2022 WL 714127: The Court of App...
Arbitration
In UIM arbitrations the trial court, not the arbitrator, decides discovery issues. Last month, in a case of first impression, the First District Court of Appeal published a new decision addressing whether a party in a UIM arbitration can appeal a discovery ruling after the trial court confirms the arbitration award. In the video above I briefly discuss this new case. Below is my summary of the case.
New Arbitration Decision
State Farm Mutual Automobile Ins. Co. v. Robinson (2022) _ ...
Torts
The issue of tort duty is constantly evolving in California. Last month, the California Supreme Court published a new decision addressing whether a lender owes a borrower a duty under tort law when responding to a request for a loan modification. In the video above I briefly discuss this new case. Below is my summary of the case.
New Torts Decision
Sheen v. Wells Fargo Bank (2022) _ Cal.5th _ , 2022 WL 664722: The California Supreme Court affirmed the trial court's order sustaining defend...
Evidence
A question that can arise during trial is whether a party can use a discovery deposition, taken in an earlier action, under the hearsay exception in Evidence Code section 1291(a)(2). Last month, the California Supreme Court published a new decision addressing this issue. In the video above I briefly discuss this new case. Below is my summary of the case.
New Evidence Decision
Berroteran v. Superior Court (2022) _ Cal.5th _ , 2022 WL 664719: The California Supreme Court reversed the Cou...
Torts
There are many immunities that can derail a plaintiff's tort case, and the recreational immunity is one of them. Last month, the Second District Court of Appeal published a new decision addressing whether a jogger who was training for a half-marathon was engaged in a recreational purpose. In the video above I briefly discuss this new case. Below is my summary of the case.
New Tort Decision
Rucker v. WINCAL, LLC (2022) _ Cal.App.5th _ , 2022 WL 336718: The Court of Appeal affirmed the trial court's o...
Probate
In probate actions a common issue facing the courts is whether an amendment to a revocable trust was valid. Last month, the First District Court of Appeal published a new decision addressing whether an amendment to a revocable trust was valid when it was not acknowledged by a notary public. In the video above I briefly discuss this new case. Below is my summary of this new case.
New Probate Decision
Balistreri v. Balistreri (2022) _ Cal.App.5th _ , 2022 WL 557745: The Court of Appeal affirmed the ...
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