The Appellate Strategist was the first blog to offer a comprehensive, regularly-updated database of civil issues — broken down by category and subject matter — that the California Supreme Court has agreed to hear and decide. We are proud to announce two new features. Since this "preview of coming attractions" has been one of our most popular … Continue Reading
Nacht & Lewis Architects, Inc. v. Superior Court may be the most widely cited case in California. It seems to appear in most responses to Form Interrogatory Nos. 12.2 and 12.3 to justify refusing to produce recorded interviews of witnesses, any resulting attorney notes, or a list of interviewed witnesses. Now those numerous discovery responses may be … Continue Reading
The California Court of Appeal has issued an opinion which, if allowed to stand, threatens to eat away at the once-settled body of law that prohibits third-party claimants who were injured by an insured from suing the insured’s insurance company for unfair claims settlement practices under California Insurance Code § 790.03. Over 20 years ago, the … Continue Reading
In 2003, Congress enacted the latest version of the Medicare Act. It contained far broader language than previous versions on what State law claims it preempted: “The standards established under this part shall supersede any State law or regulation (other than State licensing laws or State laws relating to plan solvency) with respect to MA … Continue Reading
Can a California trial court reduce a personal injury plaintiff’s recovery for medical expenses to reflect the amount actually paid by his health insurer? That question matters a lot to attorneys, parties and insurers, trying to value claims and where appropriate, seek settlements in thousands of cases every day. For twenty years, the answer under California … Continue Reading
[UPDATED THROUGH 10/14/16.] The California Supreme Court’s website is a veritable goldmine of information. Unfortunately, it’s not organized in a way that allows lawyers and clients to easily track issues the court has accepted for decision. We were the first site to regularly provide comprehensive and up to date information on all civil cases. The … Continue Reading
Today, in a widely anticipated decision, the California Supreme Court held that California’s interest in protecting a current resident does not trump another state’s interest in having its laws applied. This occurred in the context of an asbestos case. The defendant’s conduct occurred in Oklahoma, at a time when plaintiff was present in and a … Continue Reading
[UPDATED THROUGH SEPTEMBER 7, 2010] … Continue Reading
[UPDATED THROUGH SEPTEMBER 29, 2016] Is Parental Fault or Neglect Needed for Dependency Jurisdiction? After the Court of Appeal affirmed orders in a juvenile dependency proceeding, the Supreme Court granted review of the following issue: Does Welfare and Institutions Code § 300(b)(1) authorize dependency jurisdiction without a finding that parental fault or neglect is responsible for … Continue Reading
[UPDATED THROUGH SEPTEMBER 29, 2016] When Is a City Required to Place a Tax Proposal on the Ballot? After the Court of Appeal in an action for administrative mandate reversed the judgment denying a request to compel a ballot measure, the Supreme Court granted review on the following issue: Is a proposed initiative measure that … Continue Reading
[UPDATED THROUGH SEPTEMBER 21, 2016] What Rights Does an Online Publisher Have Regarding the Court’s Online Content? After the Court of Appeal affirmed the judgment in a civil action, the Supreme Court granted review on the following issues: (1) Does an on-line publisher have a right to notice and an opportunity to be heard before a … Continue Reading
[UPDATED THROUGH AUGUST 29, 2016] What Steps Are Required for a City to Approve a Development Plan on Coastal Property? After the Fourth District, division 3, Court of Appeal reversed an administrative mandamus judgment disapproving of some actions by the City, the Supreme Court granted review on the following issues: (1) Did the City’s approval … Continue Reading
[UPDATED THROUGH OCTOBER 6, 2016] Which Statute of Limitations Controls for an Alleged Toxic Exposure before Birth? After the Court of Appeal affirmed summary judgment for defendant, the Supreme Court granted review on the following issue: Does the six-year limitations period in C.C.P. § 340.4, which governs actions based on birth and pre-birth injuries and is not … Continue Reading
[UPDATED THROUGH SEPTEBMER 29, 2016] Can You Appeal a Claim That Was Dismissed Without Prejudice With a Waiver of the Statute of Limitations? After the Court of Appeal dismissed an appeal as being untimely and from a nonfinal judgment, the Supreme Court granted review on the issue of whether plaintiff can take an appeal regarding causes … Continue Reading
[UPDATED THROUGH OCTOBER 5, 2016] When Is an Agency Agreement a Public or Legislative Issue for Purposes of a Motion to Strike? After the Court of Appeal reversed an order granting a special motion to strike in a civil action, the Supreme Court limited review to the following issues: (1) Did plaintiffs’ causes of action alleging … Continue Reading
[UPDATED THROUGH SEPTEMBER 8, 2016] What Are the Liability Limits of a Brand Name Manufacturer? After the Court of Appeal reversed to allow plaintiff to file an amended complaint after the demurrer was sustained, the Supreme Court granted review on the following issue: May the brand name manufacturer of a pharmaceutical drug that divested all ownership … Continue Reading
[UPDATED THROUGH SEPTEMBER 8, 2016] What Interest Does a Dissolved Law Firm have in an Ongoing Legal Matter Which Was Handled on an Hourly Basis? Following a request by the U.S. Court of Appeals for the Ninth Circuit under California Rules of Court, rule 8.548, the Supreme Court granted review on this issue: Under California law, … Continue Reading
[UPDATED THROUGH SEPTEMBER 14, 2016] Can Non-Legislative Policy Statements Support Overturning an Arbitration Award? After the Court of Appeal reversed the judgment which confirmed an arbitration award upholding the engagement agreement and finding that counsel was entitled to all of its fees, the Supreme Court granted review on the following issues: (1) May a court … Continue Reading
[UPDATED THROUGH SEPTEMBER 21, 2016] Does an Abutting Owner Have a Duty to Provide Safe Passage Across a Public Street? After the Court of Appeal reversed the judgment in a civil action, the Supreme Court granted review on the following issue: Does one who owns, possesses, or controls premises abutting a public street have a duty … Continue Reading
UPDATED THROUGH OCTOBER 12, 2016] How Is a Covered Loss Divided Between Two Primary Insurers When One Has “Other Insurance” and “Limits Reductions” Clauses? The Supreme Court certified review following a request under California Rules of Court, rule 8.548, by the U.S. Court of Appeals for the Second Circuit. The Supreme Court initially ordered briefing deferred pending a … Continue Reading
[UPDATED THROUGH SEPTEMBER 29, 2016] When Are Substitute Teachers Entitles to Unemployment Benefits? After the Court of Appeal affirmed the judgment in an action for writ of administrative mandate, the Supreme Court granted review on the following issue: Are substitute teachers and other on-call paraprofessional employees entitled to unemployment insurance benefits when they are not … Continue Reading
