Court Decisions
Articles (A-Z)
ACCO Engineered Systems, Inc. v. Contractors' State License Board
Overview: Licensed contractor liable for employee's failure to obtain required permit
Acqua Vista Homeowners Association v. MWI, Inc.
Overview: Statutory claim for material supplier's violation of building standards requires proof of negligence or breach of contract (January 26, 2017) Cite as 17 C.D.O.S. 814
Ahern v. Asset Management Consultants, Inc.
Overview: Contract's arbitration clause does not compel arbitration of dispute arising from different contract
All Green Electric, Inc. v. Security National Insurance Company
Overview: Insurer had no duty to defend insured against claim of negligence excluded from coverage under insureds policy
American Safety Indemnity Company v. Admiral Insurance Company
Overview: Self-Insured-Retention provision in liability policy that didn't say insured's payment was condition of duty to defend was unenforceable
Apple Annie, Inc. v. Oregon Mutual Insurance Company
Overview: Insurer not liable for insured's loss of "beneficial use" of properties during Covid-19 lockdowns
Auburn Woods I Homeowners Association v. State Farm General Insurance Company
Overview: Section 998 offer was not ambiguous or otherwise invalid
Blanchette v. Superior Court (GHA Enterprises)
Overview: Inadequate specificity in homeowner's notice of construction defects under Right to Repair Act does not relieve builder of duty to timely respond (February 10, 2017 - Cite as 17 C.D.O.S. 1302)
Brandwein v. Butler
Overview: Insured's settlement with insurers precluded further claims against them
Brown Bark III LP v. Haver
Overview: Non-contracting party was entitled to recover contractual attorney fees per terms of unilateral attorney
fee provision after it defeated contract-based cause of action
fee provision after it defeated contract-based cause of action
Brown v. Beach House Design & Development
Overview: Privette does not insulate general contractor from direct liability for unsafe working conditions
Burch v. Superior Court Premier Homes LLC
Overview: Right to Repair Act did not provide exclusive remedy where homeowner sought damages for construction defects that resulted in property damage
California Capital Insurance Company v. Employers Compensation Insurance Company
Overview: Workers' compensation and employer liability insurer had no duty to defend or indemnify insured against claims arising from employee's non-work related injury
Carmelita Braganza v. Pulte Homes Corporation
Overview: Judge Riemer Ruling - AI Insurer for defense of developer, as a matter of law, had no claim for equitable subrogation from other subcontractors
Cell-Crete Corporation v. Federal Insurance Company
Overview: Third party's payment of fees and costs pursuant to indemnity agreement does not deprive prevailing defendant of entitlement to award of fees and costs
Centex Homes v. R-Help Construction Company., Inc.
Overview: Subcontractor's duty to defend not question of fact for jury
Certainteed Corporation v. Superior Court Hart
Overview: Statutory provision allowing additional time for deposition applies to both seven-
hour and 14-hour limits on deposition time
hour and 14-hour limits on deposition time
Concepcion v. Amscan Holdings Inc
Overview: Trial court's in camera review of billing records to support fee award denied opposing party
Contractors' State License Board v. Black Diamond Electric, Inc.
Overview: Contractor required to exhaust administrative remedies prior to bringing Contractors' State License Board to court
Covert v. FCA USA, LLC
Overview: Section 998 offers not rendered invalid by failure to specify payment date or to address prejudgment or post-judgment interest
Davis v. Sheikh Shoes, LLC
Overview: Extensive litigation conduct combined with lengthy delay in invoking right to compel arbitration
resulted in waiver of that right
resulted in waiver of that right
Degala v. John Stewart Company
Overview: Project owner's and general contractor's exercise of retained control over worksite security trigger Hooker exception to Privette doctrine
Deluca v. State Fish Co. Inc
Overview: Counsel forfeited attorney-client and work-product privileges as to information conveyed to consulting
expert upon expert's designation as testifying witness
expert upon expert's designation as testifying witness
Downey v. City of Riverside
Overview: Complaint alleging negligent infliction of emotional distress must allege plaintiff's contemporaneous
awareness of causal connection between defendants' conduct and injury to loved one
awareness of causal connection between defendants' conduct and injury to loved one
Du-All Safety, LLC v. Superior Court (Krein)
Overview: Party's supplemental disclosure of expert witnesses did not violate simultaneous disclosure
Dua v. Stillwater Insurance Company
Overview: Insurer breaches obligations to insured by failing to investigate facts suggesting that policy exclusion
does not apply
does not apply
Eden Township Healthcare District v. Eden Medical Center
Overview: Healthcare district's unsuccessful suit against nonprofit hospital for declaratory relief was "on contract" within meaning of Civil Code §1717, entitling hospital to award for attorney fees
Gaines v. Fidelity National Title Insurance Company
Overview: Failure to bring case to trial within five years warranted dismissal as to all original defendants
Gerlach v. K. Hovnanian's Four Seasons at Beaumont, LLC
Overview: Claims of roofing defects under Right to Repair Act must be supported by evidence of actual failure
Gillotti v. Stewart
Overview: Right to Repair Act precludes common law claims for actual damage (May 19, 2017) Cite as 17 C.D.O.S. 4585
Glassman v. Safeco Insurance Company of America
Overview: Defendant's rejection of §998 settlement offer does not entitle plaintiff to prejudgment interest under Civil Code §3287(a)
Gonzalez v. Lew
Overview: Pretrial settlement offer not invalid under §998 because it combined multiple plaintiffs claims
Gonzalez v. Mid-Continent Cas. Co., 969 F.3d 554 (5th Cir. 2020)
Overview: Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction
Hart v. Keenan Properties, Inc.
Overview: Testimony regarding content of invoices constituted inadmissible hearsay
Hedayati v. Interinsurance Exchange of the Automobile Club
Overview: Allegation of insurer's failure to communicate settlement offer to insured suffices to raise triable issue
of fact as to insurer's liability for breach of covenant of good faith and fair dealing
of fact as to insurer's liability for breach of covenant of good faith and fair dealing
Hui v. Sturbaum
Overview: Qualified common interest privilege applied to insurance company claims representative's conversation with claimants' attorney
In re Alakozai
Overview: In rem order granting relief from automatic stay remained effective despite debtors' filing of subsequent bankruptcy petition
In re Grand Jury
Overview: "Primary purpose" test applies to determine whether dual purpose communications between
law firm and client are privileged
law firm and client are privileged
Jeld-Wen, Inc. v. Superior Court
Overview: Courts cannot order parties to attend mediation
KB Home Greater Los Angeles v. Superior Court Allstate Insurance Company
Overview: Right to Repair Act entitled builder to notice of defect prior to homeowner's repair efforts
Kim v. TWA Construction, Inc.
Overview: Licensed contractor may not bring action for compensation for work performed by unlicensed subcontractor
Kohler Co. v. Superior Court (Park-Kim)
Overview: Homeowners may not bring class action under Right To Repair Act to assert claim regarding allegedly defective plumbing components
Lasalle v. Vogel
Overview: Opposing counsel abdicated professionalism by choosing "fish in a barrel" victory" over courtesy and
integrity
integrity
Lat v. Farmers New World Life Insurance Company
Overview: Notice prejudice rule precluded entry of summary judgment in favor of insurance company
Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC
Overview: Right to Repair Act did not provide exclusive remedy for homeowner's insurer against builder where actual damage to home resulted from construction defects
Liberty Surplus Insurance Corp. v. Ledesma & Meyer Construction Co., Inc.
Overview: Duty to defend may be required of insurer in negligent hiring context, even where acts of hired employee causing harm were willful
Madrigal v. Hyundai Motor America
Overview: Resolution of case by settlement does not preclude application of §998's cost-shifting provisions
McCullar v. SMC Contracting, Inc.
Overview: Contractor's role in causing readily apparent workplace hazard does not render it liable for injury suffered by subcontractor's employee
McMillin Albany, LLC v. Superior Court (Van Tassel)
Overview: SB800 (Civil Code 895 et seq.- Right to Repair Act is Exclusive Remedy for New Residential Construction Defect Claims
McMillin Homes Construction, Inc. v. National Fire & Marine Insurance Company
Overview: 35 Cal. App. 5th 1042 (Cal. Ct. App. 2019) - Policy exclusion for property under "control" of additional insured not applicable to property under shared control
McMillin Management Services, L.P. v. Financial Pacific Insurance Company
Overview: Claims arising out of insureds ongoing operations could be brought after operations were completed
Mechling v. Asbestos Defendants
Overview: Insurer entitled to equitable relief from default after being deprived of notice or opportunity to defend itself in underlying litigation
Mejia v. Roussos Construction, Inc.
Overview: ABC test does not include threshold hiring entity test
Miller v. Roseville Lodge No. 1293
Overview: Contractor was responsible for ensuring employee's safety while using scaffold provided by property owner
Mills v. Facility Solutions Group, Inc.
Overview: Arbitration agreement "permeated" with unconscionability cannot simply be rewritten so asto render it enforceable
Monster Energy Company v. Schechter
Overview: Attorney not bound by confidentiality provision in clients' settlement agreement with third party
Navigators Specialty Insurance Company v. Moorefield Construction, Inc.
Overview: Insurer's duty to defend triggered duty to compensate for costs taxed against insured - December 28, 2016 (Cite as 16 C.D.O.S. 13525)
Nede Mgmt., Inc. v. Aspen American Insurance Company
Overview: Alleged conflict of interest between insurer and insureds does not compel appointment of Cumis counsel
Oltmans Construction Co. v. Bayside Interiors, Inc.
Overview: Contractual indemnity provision did not deprive general contractor of entitlement to partial indemnity for workplace injury for which it was only partially liable (Cite as 17 C.D.O.S. 3088; C.A. 1st)
People ex rel. Ellinger v. Magill
Overview: Insurer may not be held liable under IPFA for alleged mishandling of claim
Phoenix Mechanical Pipeline, Inc. v. Space Exploration Technologies Corp.
Overview: Unlicensed contractor may sue to recover payment on contracts for services which did not require contractor's license (June 14, 2017 - C.A. 2nd - Cite as 17 C.D.O.S. 5645)
Planet Bingo, LLC v. The Burlington Insurance Company
Overview: Insurer may be held liable for rejection of third-party claimant's prelitigation settlement offer
Prince v. Invensure Insurance Brokers, Inc.
Overview: Counsel's written correspondence regarding §998 offer resolved any ambiguity in the offer
Pulte Home Corporation v. American Safety Indemnity Company
Overview: Ambiguity in policy as to whether coverage was restricted to ongoing operations had to be construed in favor of insured (C.A. 4th - September 5, 2017 (Cite as 17 C.D.O.S. 8742)
Pulte v. American Safety
Overview: Ongoing Ops
Ramirez v. PK 1 Plaza 580 SC LP
Overview: Privette doctrine does not insulate property owner from liability for injuries suffered by tenant's privately retained contractor
Reid v. Mercury Insurance Company
Overview: Insurer's duty to settle not precipitated solely by likelihood of excess judgment against insured,
where injured party never tendered demand for settlement
where injured party never tendered demand for settlement
Rouland v. Pacific Speciality Insurance Company
Overview: Insurer's §998 settlement offer that asked offeree to file "offer and notice of
acceptance" with trial court satisfied statute
acceptance" with trial court satisfied statute
RSB Vineyards, LLC v. Orsi
Overview: Construction professionals' purported knowledge of building defects not imputable to property owners
(October 2, 2017 - C.A. 1st - Cite as 17 C.D.O.S. 9688)
(October 2, 2017 - C.A. 1st - Cite as 17 C.D.O.S. 9688)
San Francisco CDC LLC v. Webcor Construction L.P.
Overview: Cause of action for disgorgement against unlicensed contractor not subject to tolling under delayed discovery rule
San Miguel Community Association v. State Farm General Insurance Company
Overview: Insurer had no duty to defend insured against third-party lawsuit seeking injunctive relief only
Sieg v. Fogt
Overview: Homeowner's waiver does not relieve contractor of liability to state licensing
board for departure from accepted trade standards
board for departure from accepted trade standards
Simonyan v. Nationwide Insurance Company of America
Overview: Alleged conflict of interest does not obligate insurer to appoint law firm of insured's choosing as Cumis counsel
State Farm General Insurance Company v. Oetiker, Inc.
Overview: Right to Repair Act does not apply to strict liability and implied warranty claims filed against manufacturer of allegedly defective part used in construction of home
Swanson v. State Farm General Insurance Company
Overview: Insurer's withdrawal of reservation of rights terminated obligation to pay for Cumis counsel
The Travelers Indemnity Co. v. Lara (Adir International, LLC)
Overview: Insurer's "side agreements" void and unenforceable
Thompson v. Crestbrook Insurance Company
Overview: Prior judgment in favor of one of plaintiffs' insurers bars them from prevailing on identical claims against remaining two insurers
Transport Insurance Cmpany v. Superior Court RR Street Co Inc
Overview: Insurer litigating additional insured's reasonable expectations of coverage was not bound by prior holding with respect to reasonable expectations of named insured
Travelers Property Casualty Company of America v. Engel Insulation, Inc.
Overview: Insurer may not litigate claims as subrogee of suspended corporation
Trujillo v. City of Los Angeles
Overview: Still-pending §998 settlement offer expires automatically upon grant of summary judgment in favor of offeror
Vascos Excavation Group LLC v. Gold
Overview: Burden on contractor to prove valid license
White Mountains Reinsurance Company of America v. Borton Petrini LLP
Overview: Insurer's assignment of single legal-malpractice claim as part of sale of insurer's corporate assets to another insurer was not improper
Zhang v. Superior Court California Capital Insurance Company
Overview: Non-contracting party was entitled to recover contractual attorney fees per terms of unilateral attorney
fee provision after it defeated contract-based cause of action
fee provision after it defeated contract-based cause of action
24th & Hoffman Investors, LLC v. Northfield Insurance Company
Overview: Policy exclusions barring coverage for any of third parties' underlying claims relieve insurer of duty to defend