Published by Low, Ball & Lynch : Edited by Linda Meyer
The Weekly Law Resume™ is issued once a week throughout the year. Each edition provides an analysis of a recent California case of specific interest to the insurance industry. Additional information regarding the Weekly Law Resume™ is available from Linda Meyer at
If you would like to receive the Weekly Law Resume™ automatically, subscriptions are available via e-mail as a complimentary service to all readers. To join our mailing list, visit the Subscriptions page by clicking on the following link: Subscribe to WLR™ »
Recent Editions of the Weekly Law Resume ™
Week of May 16, 2013
Insurance Coverage – Duty to Defend – Vacant Property
Travelers Property Cas. Co. of America v. Superior Court of California, County of Los Angeles
Week of May 9, 2013
A Single Statutory Settlement Offer Made to Multiple Plaintiffs in a Wrongful Death Suit is Valid
Amy Jo McDaniel, et al. v. Loyd Richard Asuncion
Week of May 2, 2013
Torts – Public Entity – Qualified Immunity for Police Officers
A.D., et al. v. California Highway Patrol, et al.
Week of April 26, 2013
Insurance Coverage – Excess v Primary Carriers and Horizontal Exhaustion
Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania
Week of April 19, 2013
It’s All In the Complaint: Triggering Equitable Indemnity Rights Against Public Entities
Centex Homes, et al. v. The Superior Court of San Diego County
Week of April 12, 2013
Common Law Right of Privacy – No Requirement of Written “Publication”
Ignat v. Yum! Brands, Inc
Week of April 4, 2013
Civil Procedure – Peremptory Challenge Under CCP §170.6
Entente Design, Inc., et al. v. Superior Court of San Diego County
Week of March 28, 2013
Civil Procedure – Summary Judgment – Judicial Estoppel
Diane Marie Minish v. Hanuman Fellowship et. al.
Week of March 21, 2013
Ninth Circuit Holds that Jurisdiction Exists as to Homeless Individuals' Eighth Amendment Challenges to Local Camping and Sleeping Ordinances
Bell, et. al. v. City of Boise, et. al.
Week of March 14, 2013
A Personal Injury Claim Involving Negligent Failure to Maintain and Inspect Hospital Equipment is Not Within the Scope of MICRA
Catherine Flores v. Presbyterian Intercommunity Hospital
Week of March 8, 2013
Appeals: Revival of Corporate Powers Retroactively Validates Notice of Appeal
Danielle Bourhis et al. v. John Lord et al.
Week of February 28, 2013
Insurance Coverage – Equitable Contribution – Vicarious Liability
GuideOne Mutual Insurance Company v. Utica National Insurance Group
Week of February 22, 2013
California Highway Patrol Has No Duty to Come to Aid of an Injured Party Absent a “Special Relationship”
Greyhound Lines, Inc. v. Department of the California Highway Patrol
Week of February 14, 2013
Insurance Coverage - Homeowners' Policy - "Law or Ordinance Exclusion"
Reichert v. State Farm General Insurance Company
Week of February 7, 2013
Protection for Whistleblowers Extended From Employers to Violations by Third Parties, Including Employees
Brian McVeigh v. Recology San Francisco et al.
Week of January 31, 2013
Construction Defects Premised on Negligent Design Theory
Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP
Week of January 24, 2013
Risky Business: California Extends the Primary Assumption of Risk Doctrine
Smriti Nalwa v. Cedar Fair, L.P.
Week of January 17, 2013
Torts – Negligent Infliction of Emotional Distress – Bystander Recovery
Fortman v. Forvaltningsbolaget Insulan AB
Week of January 10, 2013
Dangerous Conditions of Public Property and Third-Party Conduct: The Alleged Condition Must Cause the Conduct, Not Just the Injury
Cordova v. City of Los Angeles
Week of December 27, 2012
ADA Defendant Granted Attorneys Fees as a “Prevailing Party”
Les Jankey v. Song Koo Lee
Week of December 20, 2012
California Supreme Court Affirms Express Delivery Provision of Government Claims Act
Hope DiCampli-Mintz v. County of Santa Clara, et al.
Week of December 13, 2012
Coverage – Additional Insureds – Exclusion for Suits Between Insureds
Gemini Ins. Co. v. Delos Ins. Co.
Week of December 6, 2012
Employer May Not Deny Reinstatement of An Employee on CFRA Leave Based On “Honest Belief” That Employee Violated Company Leave Policy
Avery Richey v. AutoNation, Inc. et al.
Week of November 29, 2012
Juror Misconduct: Mere Mention of Insurance Not Grounds for New Trial
Jean Barboni v. Fred Tuomi, et al.
Week of November 22, 2012
Construction Defect - The "Completed and Accepted" Doctrine and Architects' Liability
Neiman v. Leo A. Daly Co.Week of November 15, 2012
Workers' Compensation Appointments: Not a Detour Around the "Going-and-Coming Rule"
Kenneth Fields v. State of California
Week of November 8, 2012
Coverage-Contribution Action-Burden of Proof
St. Paul Mercury Ins. Co. v. Mountain West Farm Bureau Mutual Ins. Co.
Week of November 1, 2012
Will the Weight of Senate Bill 1038 Fall on the Shoulders of Employees?
Week of October 25, 2012
The Obviously Intoxicated Minor: The Narrow Exception to Section 25602.1
Michael Ruiz, et al. v. Safeway, Inc.
Week of October 18, 2012
Tolling Agreements vs. Statute of Limitations
Don Johnson Productions, Inc. v. Rysher Entertainment
Week of October 11, 2012
Pet Owners Can Recover Damages for Emotional Distress Caused by Another's Intentional Act
David Plotnik, et al. v. John Meihaus, Jr., et al.
Week of October 4, 2012
Attorney Fees – Court Must Make Determination of Amount as to Prevailing Party
Zintel Holdings, LLC v. Lilo McLean, et. al.
Week of September 27, 2012
Ninth Circuit Recognizes Fourth and Fourteenth Amendment Protections for Unabandoned but Unattended Personal Possessions of Homeless Individuals Tony
Lavan, et. al. v. City of Los Angeles
Week of September 20, 2012
Torts – Exclusive Remedy of Workers’ Compensation
Exception LeFiell Manufacturing Co. v. The Superior Court of Los Angeles County
Week of September 13, 2012
Insurance Coverage–Right to Jury Trial on Declaratory
Relief Allen M. Entin v. The Superior Court of Los Angeles
Week of September 6, 2012
Third Party Settlement – the Common Law Release Rule
Aidan Ming-Ho Leung v. Verdugo Hills Hospital California
Week of August 30, 2012
Insurance Coverage – Trade Libel v Disparagement
Travelers Property Casualty Company of America v. Charlotte Russe Holding, Inc., et al.
Week of August 23, 2012
Disneyland Unable to Prevent ADA Plaintiff from Using Segway Unless It Proves Segways Can’t Be Operated Safely in Its Parks
Tina Baughman v. Walt Disney World Company
Week of August 16, 2012
Insurance Adjusters are Not Exempt From Overtime Compensation
Frances Harris, et al. v. Superior Court of Los Angeles (Liberty Mutual Ins. Co.)
Week of August 9, 2012
Reasonableness of Self-Defense a Question for the Jury, Not an Expert
Joseph Burton, et al. v. Gary Sanner
Week of August 2, 2012
Preserving Arbitration: Waiver and California Labor Code Section 206.5
Kyle Pulli v. Pony International, LLC.
Week of July 26, 2012
Independent Contractor or Agent? A Franchisor’s Actions Speak Louder Than Words
Taylor Patterson v. Domino’s Pizza, LLC, et al.
Week of July 19, 2012
Insurance Coverage – Habitability Claims – Expected or Intended Damages Not Covered
Axis Surplus Insurance Co. v. Linda Reinoso
Week of July 12, 2012
Insurance Bad Faith–Refusal to Make Settlement Offer
Yan Fang Du, et al. v. Allstate Insurance Company, et al..
Week of July 5, 2012
Beware of Waiving Jury Trial and Appeal Rights: Settlement Agreement Authorizing “Binding Mediation” Award Held Enforceable
Ryan N. Bowers et al., v. Raymond J. Lucia Companies, Inc.
Week of June 28, 2012
Noting Split of Authority, Court Holds That Review of Good Faith Settlement Must Be By Writ
Oak Springs Villas Homeowners Association v. Advanced Truss Systems, Inc.
Week of June 21, 2012
General Contractor Protected from Claims by Injured Employee of Independent Contractor
Brian Brannan, et al. v. Lathrop Construction Associates, Inc.
Week of June 14, 2012
Real Estate Sales Contracts – Mediation Provision as a Bar To Recovery of Attorneys’ Fees
Joe Cullen, et al. v. Paul Corwin, et al.
Week of June 7, 2012
Defendant in a Personal Injury Action Must Prove Each of the Elements of a Claim for Medical Malpractice to Apportion Fault to a Non-Party Physician
Katerina Chakalis v. Elevator Solutions, Inc., et al.
Week of May 31, 2012
Automobile Insurance Coverage – Tiered Coverage
Eric E. Ortega v. Topa Insurance Company, et al.
Week of May 24, 2012
CCP Section 998 Offer to Compromise – Jointly to Spouses
Farag v. ArvinMeritor, Inc.
Week of May 17, 2012
Insurance Coverage–Contribution Action–Self Insured Retention
Axis Surplus Insurance Company v. Glenco Insurance Ltd
Week of May 10, 2012
The Attorney, not the Employee Client, is Entitled to Attorney Fees Awarded Pursuant to Labor Code §§ 1194(a) and 226(e)
Henry M. Lee Law Corp. v. Superior Court (Chang)
Week of May 3, 2012
Dangerous Condition of Public Property–Physical Characteristics of Property Combined with Third-Party Criminal Conduct
Sara Cole, et al. v. Town of Los Gatos, et al.
Week of April 26, 2012
Anti-SLAPP Attack to a Malicious Prosecution Action
Darin Johnson v. Ralph’s Grocery Company, et al.
Week of April 19, 2012
Homeowners Associations – Modification of Supermajority Voting Requirement
Quail Lakes Owners Association v. Vladimir F. Kozina
Week of April 12, 2012
Insurance–Duty to Indemnify–Reasonable Settlement Offer
Donald DeWitt v. Monterey Insurance Company, et al.
Week of April 4, 2012
Unilateral Attorney Fees Clause in the Elder Protection Act Does Not Preclude Award of Costs and Expert Witness Fees to a Prevailing Defendant Under C.C.P. § 998
Katherine Lee Bates, et al. v. Presbyterian Intercommunity Hospital, Inc.
Week of March 29, 2012
Insurance–Trucker’s Financial Responsibility Endorsement
Global Hawk Insurance Company v. Century-National Insurance Company
Week of March 22, 2012
ADA Plaintiff Subject to Breach of Contract Claim For Suing a Business Owner a Second Time
Thomas Mundy v. Laura D. Lenc
Week of March 15, 2012
Vicarious Liability of a Public Entity Defendant—School Districts Can Be Liable for Negligent Hiring/Retention of Employees Who Sexually Abuse Students”
C.A., a Minor, etc. v. William S. Hart Union High School District, et al.
Week of March 8, 2012
Imputed Notice of Dangerous Conditions in the Atypical “Slip and Fall” Case
Tom Getchell et al. v. Rogers Jewelry
Week of March 1, 2012
The Trilogy of Tverberg: Non-Delegable Regulatory Duties and Negligent Exercise of Retained Control
Jeffery Tverberg et al. v. Fillner Construction, Inc.
Week of February 23, 2012
General Liability - Minor’s Compromise of Claims
Spencer Pearson v. The Superior Court of San Luis Obispo
Week of February 16, 2012
Indemnity Agreements Lease/Sales Transactions
C9 Ventures v. SVC-West, L.P.
Week of February 9, 2012
Gun-Related Entry Protected by Qualified Immunity
Darin Ryburn, et al. v. George R. Huff, et al.
Week of February 2, 2012
Employee Fails to Introduce Substantial Evidence of Retaliatory Intent Following Termination Due to False Charges of Sexual Harassment Against Supervisor
Richard Joaquin v. City of Los Angeles
Week of January 26, 2012
Police Officers–Investigative Immunity Applies Even Where “Special Relationship” With Injured Motorist Exists
Ronald Strong v. State of California
Week of January 19, 2012
Insurance–Contribution and Subrogation
American States Insurance Company v. National Fire Ins. Co. of Hartford Court of Appeal
Week of January 12, 2012
Americans with Disabilities Act--No Accommodation is Due Unless the Plaintiff is a “Qualified Individual with a Disability”
Trish Johnson v. Board of Trustees of the Boundary County School District No. 101, et al.
Week of January 5, 2012
Good Faith Settlement-Joint Liability
Tiffin Motorhomes, Inc. v. The Superior Court of San Bernardino County
Week of December 29, 2011
Civil Procedure: Award of Attorney Fees Pursuant to Civil Code section 1354 (c)
Susan J. Salehi v. Surfside III Condominium Owners’ Assoc.
Week of December 21, 2011
Gratuitous Write-Offs and Medicare Reductions After Howell
Rosa Elia Sanchez, et al. v. Randall Alan Strickland, et al.
Week of December 15, 2011
Premises Liability–Independent Contractors and Pre-existing Hazardous Condition
Gary Gravelin v. Paul Satterfield, et al.
Week of December 8, 2011
Insurance-Bad Faith-Theft Claim
Greg Barnett v. State Farm General Ins. Co.
Week of December 1, 2011
Sporadic Incidents of Alleged Sexual Conduct Insufficient to Create a Hostile Work Environment
Stephanie Brennan v. Townsend & O'Leary Enterprises, Inc., et al.
Week of November 23, 2011
Respondeat Superior: Liability For Employee's Operation Of Personal Vehicle
Augustus Vogt, et al. v. Herron Construction, Inc.
Week of November 17, 2011
The Trivial Defect Defense-Property Owner Not Required to Repair Minor Defects
Barbara Cadam v. Somerset Gardens Townhouse HOA, et al.
Week of November 10, 2011
Negligence-Assumption of Risk
Robert Amezcua, et al. v Los Angeles Harley-Davidson
Week of November 3, 2011
Donna Hennigan v Alicia White
Week of October 27, 2011
Insurance Coverage-"Insured Event"
Fresh Express, Inc. v Beazley Syndicate 2623/623 At Lloyd's, et al.
Week of October 20, 2011
Summary Judgment is Improper Where Plaintiff Raises Triable Issue that Employer's Reason for Termination Was Pretext for Unlawful Age Discrimination
Christine Earl v. Nielsen Media Research, Inc., et al.
Week of October 13, 2011
Dangerous Condition of Public Property Requires that Physical Condition of the Property Contribute to the Injury
Jose Salas, et al. v. California Department of Transportation
Week of October 6, 2011
Manufacturer of Defectively Designed Product Cannot Recover Equitable Indemnity From Product Retailer Without Retailer's Additional, Independent Fault
Jerry Bailey v. Safeway, Inc.
Week of September 29, 2011
Torts-Vicarious Liability-Joint Tortfeasors
PacifiCare of California, et al. v. Bright Medical Associates, Inc.
Week of September 22, 2011
Public Employer May Not Interfere With Employee's First Amendment Rights Absent Evidence that Employee's Conduct Caused or May Reasonably Cause Future Workplace Disruption
Kathleen Nichols v. Laura Dancer, et al.
Week of September 15, 2011
Qualified Immunity Does Not Apply Where Officer Mistakenly Pulls Gun Instead of Taser
Maria Torres, et al. v. City of Madera, et al.
Week of September 8, 2011
Employment Law--Admissibility Of "Me Too" Evidence
Lorraine Pantoja v. Thomas J. Anton, et al.
Week of September 1, 2011
Americans with Disabilities Act-Pleading Barriers-Plaintiffs Must Plead Alleged Architectural Barriers in Complaint
A.J. Oliver v. Ralphs Grocery Company, et al.
Week of August 25, 2011
Coverage: Pollution Exclusion - Asbestos
Villa Los Alamos Homeowners Association v. State Farm General Insurance Company
Week of August 18, 2011
Elder Abuse-Standards for Neglect
Elaine Carter, et. al. v. Prime Healthcare Paradise Valley, LLC
Week of August 11, 2011
Insurance Coverage: Duty to Defend—Condominium Exclusion
California Traditions, Inc. v. Claremont Liability Insurance Company
Week of August 4, 2011
Civil Rights - Municipal Liability; Jury Instructions On "Custom and Practice" under Monell Doctrine
Robert E. Hunter, D.V.M., et al. v. County of Sacramento, et al.
Week of July 28, 2011
Insurance Coverage - Duty to Defend - Intentional Act
State Farm General Insurance Company v. Patrick Frake, et al.
Week of July 21, 2011
Employer's Arbitration Agreement is Unenforceable Where it is Both Procedurally and Substantively Unconscionable
Sharon Elizabeth Zullo v. The Superior Court of Santa Clara County
Week of July 14, 2011
Torts-Claim For Negligent Hiring Cannot Be Pursued Where Employer Has Already Admitted Vicarious Liability
Dawn Renae Diaz v. Jose Carcamo, et al.
Week of July 7, 2011
Dismissal of Wrongful-Death Suit Upheld Where SWAT Team Use-of-Force During Hostage Situation Found Reasonable
Lorena Lopez v. City of Los Angeles
Week of June 30, 2011
Bad Faith - Private Right of Action Permitted for Violation of Insurance Code Provision
Chris Hughes v. Progressive Direct Insurance Company
Week of June 23, 2011
Negligence - Doctrine of Primary Assumption of Risk Does Not Apply To Amusement Park Rides
Smriti Nalwa v. Cedar Fair, LP
Week of June 16, 2011
Summary Adjudication Against Plaintiff on Retaliation Claim is Improper Where Triable Issues Existed as to Whether Harassment by Co-Workers was Sufficiently Severe
Patrick C. Kelley v. The Conco Companies, et al.
Week of June 9, 2011
Coverage - Duty to Defend - Excess Carrier
Kaiser Cement and Gypsum Corporation v. Insurance Company of the State of Pennsylvania
Week of June 2, 2011
Torts - Owner of Injured Pet With Little Market Value Can Recover Reasonable Damages
Kevin Kimes v. Charles Grosser, et al.
Week of May 25, 2011
Insurance - Bad Faith Damages
Linda Richards, et al. v. Sequoia Insurance Company
Week of May 19, 2011
Torts - Ship Owner Has no Duty to Warn Maritime Contractor Employees of Asbestos-Related Hazards Where the Maritime Employer Is Legally Charged with Knowledge of Asbestos Hazards
Alan Bartholomew v. SeaRiver Maritime, Inc.
Week of May 12, 2011
Insurance - Broker's Duty to Insured
Workmen's Auto Insurance Company v. Guy Carpenter & Company, Inc.
Week of May 5, 2011
Interstate Transport- Carmack Amendment - In Absence Of Declared Value, Carrier Liability for Lost Goods Limited to Regulated Rate
Pacific Indemnity Company v. Pickens Kane Moving & Storage
Week of April 28, 2011
Products Liability- Seller of Used Machinery Owes No Duty to Warn Subsequent Users Beyond Immediate Purchaser
Garcia v. Becker Bros. Steel Co.
Week of April 21, 2011
Bad Faith - Settlement - Reimbursement From Insured
American Modern Home Insurance Company v. Sohail Fahmian
Week of April 14, 2011
TORTS - INDEPENDENT CONTRACTOR CANNOT USE CAL-OSHA REGULATIONS TO ESTABLISH NEGLIGENCE PER SE
Kurt Iversen v. California Village Homeowners Association
Week of April 7, 2011
HIRER MAY BE HELD DIRECTLY LIABLE FOR INDEPENDENT CONTRACTOR'S INJURY
Jeffrey Tverberg v. Fillner Construction, Inc.
Week of March 31, 2011
DUTY TO DEFEND - POTENTIAL FOR COVERAGE
John M. Shanahan v. State Farm General Insurance Company
Week of March 24, 2011
LIMITATIONS PERIOD FOR BRINGING WRONGFUL TERMINATION CLAIM RUNS FROM DATE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING ISSUES RIGHT-TO-SUE NOTICE, NOT WHEN CLAIMANT RECEIVES NOTICE
Michael Hall v. Goodwill Industries of Southern California
Week of March 17, 2011
NEGLIGENCE - RELEASE AND WAIVER OF LIABILITY AGREEMENT DOES NOT BAR A CLAIM OF "GROSS" NEGLIGENCE
Jerid Rosencrans v. Dover Images, Ltd.
Week of March 10, 2011
NEGLIGENCE - DRIVER HAS GENERAL DUTY TO USE ORDINARY CARE IN OPERATING VEHICLE, AND SPECIFIC FACTUAL CIRCUMSTANCES ARE IMPROPER FACTORS IN DETERMING FORESEEABILITY IN NEGLIGENCE ANALYSIS
Maria Cabral v. Ralphs Grocery Company
Week of March 3, 2011
DAMAGES - REDUCTION OF MEDICAL SPECIALS TO AMOUNTS PAID
Ingrid Cabrera v. E. Rojas Properties, Inc.
Week of February 24, 2011
COVERAGE - INTENTIONAL ACTS EXCLUSION - FIRE POLICY
Century-National Ins. Co. v. Jesus Garcia, et al. Week of February 17, 2011
ZIP Codes Requested By Businesses In Credit Card Transactions Are "Personal Identification Information" Under Song-Beverly Credit Card Act Of 1971
Jessica Pineda v. Williams-Sonoma Stores, Inc.
Week of February 10, 2011
Statute of Limitations Bars a Viable Sexual Harassment Claim
Irene Trovato v. Beckman Coulter, Inc., et al.
Week of February 3, 2011
Discovery: Attorney-Client Communications
Holmes v Petrovich Development Company, LLC
Week of January 27, 2011
Indemnity - Assignee of Indemnity Rights Entitled to Reimbursement of Defense Costs
Searles Valley Minerals Operations, Inc. v. Ralph M. Parson Service Co., et al.
Week of January 20, 2011
Insurance Coverage - Equitable Subrogation and Contribution
James Dobbas, et al. v. Fred Vitas, et al.
Week of January 13, 2011
Torts - Commercial Driver Has Duty to Park Truck Safely
Connie B. Lawson, et al. v. Safeway, Inc., et al.
Week of January 6, 2011
Homeowners' Association CC&R's - Statute of Limitations
Philip Schuman, et al. v. Allan Ignatin, et al.
Week of December 30, 2010
Federal Preemption Expanded as to State Law Product Liability Claims Involving Medical Devices
Thomas S. Robinson v. Endovascular Technologies, Inc.
Week of December 22, 2010
Government Liability - Taser Considered Intermediate Level of Force
Bryan v. MacPherson, et al.
Week of December 16, 2010
Insurance Coverage - "Loss of Use"
Advanced Network, Inc. v. Peerless Insurance Company
Week of December 9, 2010
Employment Law - Penalties for Unpaid Wages - Statute of Limitations
Jorge A. Pineda v. Bank of America, N.A.
Week of December 2, 2010
Civil Procedure - Defendant Cannot Establish Plaintiffs To Be Vexatious Litigants
Golin v. Allenby