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In an earlier decision in the same case, the Supreme Court dismissed Kurwa's appeal from an order dismissing the breach of fiduciary duty claims in his complaint and Kislinger's cross-complaint, holding the judgment was not final or appealable because it was based on a stipulation for dismissal without prejudice and with a waiver of the statute of limitations on both… Read More

For purely economic loss, no duty of care is the rule, and duty of care is the exception applied only in situations where the Biakanja factors, as modified in Bily, permit imposition of a duty of care.  This is to be distinguished from cases in which some personal injury or property damage is caused in addition to economic loss.  When… Read More

Fees are recoverable when the plaintiff prevails, invalidating the contract, as well as when the plaintiff loses and the contract is enforced.  Ordinarily, attorney fees would not be awarded to either party under a contract that concerned an illegal subject matter.  But the illegality exception to the rule of mutuality of contractual attorney fee awards does not apply when, as… Read More

This opinion upholds most of a judgment holding three lead paint manufacturers (or their successor entities) liable to pay $1.13 billion into a fund for the purpose of abating the public nuisance that the manufacturers caused by promoting the use of lead paint for application on the interiors of homes well after the evidence showed that these leading lead paint… Read More

Plaintiff was the developer and general contractor of a residential development.  It was named as an additional insured on its subcontractors' CGL policies.  The additional insured coverage extended to claims for liability "arising out of" the named insured's on-going operations.  "Arising out of" is construed broadly, only loosely linking a factual situation with the event creating liability, requiring only a… Read More

Here, defendant voluntarily dismissed its cross-complaint against plaintiff in the underlying action.  A voluntary dismissal, even one without prejudice, reflects on the merits.  Although not res judicata, it is generally a favorable termination for purposes of a later malicious prosecution action. As defendant introduced no evidence to show otherwise, the dismissal was sufficient evidence of favorable termination.  Plaintiff also made… Read More

Church owed its invitees no duty of care to aid them crossing a busy 5-lane street from the church's parking lot to the church.  Though the fact that the injury occurred off premises is not determinative in itself, since placing the parking lot across the street increased the risk to invitees who parked there, a weighing of the Rowland/Biakanja factors… Read More

An internet website that posts anonymous reviews of local businesses has standing to assert the First Amendment rights of its anonymous posters in opposition to a subpoena requiring it to divulge the poster's identity.  However, if the plaintiff presents prima facie evidence that the posted review was false and defamatory, the poster has no First Amendment right to remain anonymous. … Read More

A statement of decision is essential to meaningful appellate review.  If the order were immediately appealable, and an appeal were taken, the trial court would lose jurisdiction to enter the required statement of decision.  California Court of Appeal, First District, Division Five (Simons, J.); November 8, 2017; 2017 WL 5166856.    Read More

In a follow-on case to Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, defendant again refused to produce records that the trial court ordered it to produce.  The trial court then imposed a $4,000 per day sanction for each day defendant failed to search for and failed to produce the ordered documents.  This… Read More

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