RRB Law Blog

Recent Developments in Family Law: Bad Faith Transfer of Business Interests Will Not Allow for Termination of Spousal Support

in Family Law by Stephanie I. Blum Blog Bio Image

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 D. 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 D. 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 L. 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 L. 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 L. 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 L. 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 L. 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 L. 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 L. 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 L. 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 L. 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 L. 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 L. 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

ABC Wins “LOST” Idea Submission Lawsuit

in Civil Litigation by Stephen L. Raucher

On March 8, 2013, the California Court of Appeal ruled in favor of ABC in an idea submission lawsuit regarding the television series LOST.  Spinner v. American Broadcasting Companies, Inc., 215 Cal. App. 4th 172 (2013).  The lawsuit centered on … more