Publications Archives

When Howell V. Hamilton Meats & Provisions, Inc. ("Howell") Meets The Uninsured Plaintiff

By: Grant R. Mullen

In Bermudez v. Ciolek (No. G049510, filed June 22, 2015, Superior Court Case No. 30-2012-00539759), the California Court of Appeal, Fourth Appellate District, Division Three, held that an uninsured plaintiff's (no medical insurance) unpaid medical bills, substantiated by medical expert testimony regarding the reasonableness and necessity of the medical charges, were properly admitted and were sufficient evidence to support an award of damages.

Who and What Does Uninsured Motorist Provisions Cover

By: Melissa Bright

In Nevada, in determining as to whether a claim of injury is covered by the uninsured provision of an insurance policy depends on the interpretation of the uninsured provision. The court will look at the insurance contract in determining what individuals are covered in the provision and what injuries the individual may recover. Further, unless an uninsured motorist provision specifies that punitive damages will be included, punitive damages are not covered in an uninsured motorist provision.

Considering Filing a Chapter 7 Bankruptcy?

A chapter 7 bankruptcy is more commonly referred to as a "liquidation" or "straight" bankruptcy, meaning that an individual debtor's assets will be liquidated by a court appointed trustee, and the proceeds, if any, will be used to pay off - pro rata - the debts owed to creditors. The debtor will then be declared debt-free, and will be able to wipe the financial slate clean. With that being said, let's explore some questions you may have in deciding whether you should file a chapter 7 bankruptcy petition.

Entry of Judgment Pursuant to Terms of Stipulation for Settlement - Avoiding Pitfalls in the Use of CCP Sections 664.6 and 664.7

You have worked very hard to get a case ready for settlement or trial and the parties are now ready to settle the case in its entirety. You, the parties and counsel have spent hours hammering the general terms of the settlement out and you want to put the terms on the record or in writing quickly, so the settlement can be enforced as a judgment, if necessary, pursuant to CCP Sections 664.6 (non-construction defect matters) and 664.7 (residential construction defect matters). There are essential conditions you must follow if you want to use these code sections successfully to enforce the settlement you worked so hard to reach.

Prejudgment Interest on Unliquidated Damages

By: John Schroeder

California Civil Code § 3288 states, "In an action for the breach of an obligation not arising in contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury." This article will review how to obtain prejudgment interest at trial and how to use such interest in an effort to resolve matters without trial.

Improper Withholding of Retention Results in Penalties

By: John Schroeder

The recent case of FTR International, Inc. v. Rio School District (2015) DJDAR 1141 has shifted the balance of power to contractors in public works projects. The FTR Court held that under Public Contract Code § 7107, a public agency could not justify their refusal to release the retention because of disputed change orders not related to the retention. Public works contractors should be expected to aggressively pursue public agencies for their retention once they have cleared all stop notices and there are no disputes related to the work that produced the retention.

Reforms to Construction Defect Litigation Signed Into Law in Nevada

By: Robert L. Thompson

On February 25, 2015, Governor Sandoval signed into law Assembly Bill 125 which significantly reforms Nevada's construction defect law statute, also known as "Chapter 40." The reforms to the statute have been an ongoing issue in previous legislative sessions over the past 10 years and will have a significant effect on subsequent construction defect litigation in Nevada.

How to Clear Title to Real Property - The Basics

By: Lance A. Adair

California law provides a statutory method of resolving conflicting interests in real property, known as an action to "quiet title." A quiet title action may be brought to establish-or to clear title against-any kind of claimed title or interest in real property. The action is available to anyone who holds an interest or a claimed interest in the property.

A Parent Corporation May Be Liable for the Nonpayment of Wages by its Subsidiary

By: Alis M. Moon

In Castaneda v. Ensign Group, Inc., (2014) 229 Cal.App.4th 1015, plaintiff, a former employee of Cabrillo Rehabilitation and Care Center ("Cabrillo"), filed a class action against Cabrillo's parent company, The Ensign Group, Inc. ("Ensign") for nonpayment of minimum wages and overtime wages.

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