Recent Developments in Family Law: A Spouse’s Disclosure Obligations as a Fiduciary Depend on Their Agreement
in Family Law by Stephanie Blum
The California Court of Appeal recently published a case regarding a spouse’s fiduciary duty in the marriage partnership. In In re Marriage of Kamgar (2017) 18 Cal.App.5th 136, the Fourth Appellate District, Division Three affirmed the trial court’s award to … more
Recent Developments in Family Law: Bad Faith Transfer of Business Interests Will Not Allow for Termination of Spousal Support
in Family Law by Stephanie Blum In In re Marriage of Berman (2017) 15 Cal.App.5th 914, the Second Appellate District, Division Eight found that the trial court did not abuse its discretion in holding that support obligations cannot be terminated after a bad faith business transfer. … more
Court of Appeal Clarifies Anti-SLAPP Applicability to Homeowner Associations as Quasi-Government Entities
in Civil Litigation by Timothy Reuben
On January 12, 2018, the California Court of Appeal, Fourth District, Division One issued its opinion in Golden Eagle Land Investment v. Rancho Santa Fe Assn. (2018 Cal. App. LEXIS 27). In Golden Eagle, the two plaintiffs sought approval from … more
Court of Appeal Clarifies Wage and Hour Class Action Expert Qualification
in Employment Law by Timothy Reuben The California Court of Appeal continues to favor class certification in the recent ABM Industries Overtime Cases ___Cal.App.5th___ [2017 Cal. App. LEXIS 1165] coming out of the First District, Division Four, published January 10, 2018. This trend will continue to … more
Arbitrators Lack Power to Compel Pre-Hearing Third Party Document Production Under the FAA
in Civil Litigation by Stephen Raucher
In a decision that falls in line with the majority of other circuits to have considered the question, the Ninth Circuit recently held that the Federal Arbitration Act (FAA) does not grant arbitrators the power to compel the production of … more
“Professional Services” Exclusion in CGL Policy Given Broad Interpretation
in Insurance Law by Stephen Raucher California’s First Appellate District recently squelched an excess liability carrier’s attempt to shift responsibility for settlements resulting from a pipeline explosion onto a co-defendant’s umbrella insurer, holding that the latter policy’s “professional services” exclusion barred coverage. Energy Insurance Mutual Limited … more
Ambiguous Questions in Insurance Application Prevent Rescission
in Insurance Law by Stephen Raucher In a decision which softens the normally harsh rules confronting policyholders with respect to rescission of insurance policies, California’s First Appellate District recently reversed a summary judgment of rescission. Duarte v. Pacific Specialty Ins. Co., 13 Cal.App.5th 45 (2017). The … more
Notwithstanding a Willful Misconduct Exclusion, Policy Found to Cover Litigation Expenses on Appeal
in Insurance Law by Stephen Raucher In a victory for policy holders, California’s Second Appellate District recently held that when an insurance policy expressly provides coverage for litigation expenses on appeal, an exclusion requiring repayment to the insurer upon a “final determination” of the insured’s culpability … more
California Supreme Court Reverses Itself, Allowing Post–Loss Assignment of Insurance Policies
in Insurance Law by Stephen Raucher Approximately 12 years ago, the California Supreme Court permitted an insurer, after a loss has occurred, to refuse to honor an insured’s assignment of the policy coverage for such a loss. Henkel Corp. v. Hartford Accident & Indemnity Co., 29 … more
Defamatory Social Media Posts About California Residents Don’t Necessarily Subject the Defamer to Personal Jurisdiction in California
in Civil Litigation by Stephen Raucher The brave new world of social media represents a challenge to courts trying to apply traditional notions of personal jurisdiction. This was highlighted in the recently published case Burdick v. Superior Court (Cal. Ct. App., Jan. 14, 2015) 15 Cal. … more
Employment Practice Exclusion Held to Bar Coverage for False Imprisonment Claim
in Insurance Law by Stephen Raucher California courts have consistently ruled that an insurer’s duty to defend is extremely broad, triggering when facts stated or fairly inferable in a complaint suggest a claim even potentially covered by the policy. Even so, a California Court of Appeal … more
Aiding and Abetting a Breach of Fiduciary Duty Does Not Require that the Aiders and Abettors Owe an Independent Duty
in Civil Litigation by Stephen Raucher In a case with important lessons for business litigators, a California Court of Appeal recently clarified the distinction between aiding and abetting a breach of fiduciary duty and conspiracy to breach fiduciary duty, finding that a defendant can be liable … more
Alleged Discriminatory Hiring Practices at CBS News Stations in Los Angeles Deemed to be Protected Activity under California’s Anti-SLAPP Statute
in Civil Litigation by Stephen Raucher A California Court of Appeal recently decided that CBS’s decision to hire a young, attractive woman as opposed to an older man as a weather anchor constitutes protected free speech. Hunter v. CBS Broadcasting, Inc., 2013 Cal. App. LEXIS 997 … more
Unpredictability in the Law Surrounding Employer Liability for Torts Committed by Employees Driving to and from Work
in Civil Litigation by Stephen Raucher In the span of two weeks, two cases involving the doctrine of respondeat superior were decided in California resulting in opposite outcomes. Under the legal theory of respondeat superior, employers are vicariously liable for the tortious acts committed by employees … more
Fame Does Not Guarantee First Amendment Protection
in Civil Litigation RRB Law Blog by Stephen Raucher Even in today’s world of reality television, where people are famous for being famous, such fame does not create an issue of public interest entitled to special protection. In the recently published decision of Albanese v. Menounos, 2013 Cal. App. … more