California Indemnity Law

Jennifer Garnier and Angela Toft v. American Reliable Insurance Company, et al.

San Bernardino, California insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory. According to the complaint filed by the Plaintiffs, rain water from a large storm on Feb. 15, 2019, flooded the home of Garnier and Toft, who are sisters. The damage rendered their property uninhabitable. The Plaintiffs gave notice and submitted a claim b... More...

$0 (05-08-2024 - CA)

Behnam Heshejuin v. Rami Rostami

Los Angeles, CA - Trusts and Estates Lawyer <center><h2>MoreLaw Marketing Cost Effective Internet Marketing for Legal Professionals Info@MoreLaw.com - 855-853-4800 <h2></center> Behnam Heshejin, Eric Anvari, the Hestfam Family Trust, and trustee David A. Enzmann (plaintiffs) appea... More...

$0 (09-25-2020 - CA)

Dennis C. Brue v. Al Shabaab

Los Angeles, CA - Wrongful Death <center> <img width="400" src="http://www.morelawtv.com/wp-content/uploads/2020/08/Los_Angeles_CA.jpg"> </center> Dennis C. Brue as administrator of the estate of Angela Nyokabi Githakwa, Raphael Githakwa Kimata, Regina Nyambura Githakwa, Caroline Njeri Githakwa and Samuel Kimata Githakwa (collectively Githakwa parties), indivi... More...

$0 (09-15-2020 - CA)

Angela Bolger v. Amazon.com, LLC

Plaintiff Angela Bolger bought a replacement laptop computer battery on Amazon, the popular online shopping website operated by defendant Amazon.com, LLC. The Amazon listing for the battery identified the seller as “E-Life,” a fictitious name used on Amazon by Lenoge Technology (HK) Ltd. (Lenoge). Amazon charged Bolger for the purchase, retrieved the laptop battery from its... More...

$0 (08-16-2020 - CA)

Rafi Ghazarian v. Magellan Health, Inc.

<center> <img width="400" src="https://i0.wp.com/www.morelawtv.com/wp-content/uploads/2020/08/subscription.gif?fit=300%2C42"> </center> Generally, an insurer is not liable for bad faith if its denial of a claim was reasonable. In this appeal, we clarify that to avoid bad faith liability, it is not enough that an insurer’s ultimate decision might be considered reaso... More...

$0 (08-10-2020 - CA)

Leslie T. Wilde v. City of Dunsmuir

Opinion of the Court by Kruger, J. The California Constitution grants voters the power of referendum, which allows them to approve or reject laws enacted by their elected representatives before the laws take effect. But to prevent the referendum process from disrupting essential governmental operations, the Constitution exempts certain categories of legislation, including �... More...

$0 (08-04-2020 - CA)

Golden Door Properties, LLC v. The Superior Court of San Diego County, County of San Diego, Real Party in Interest

After referring the discovery disputes to a referee, the superior court adopted the referee's recommendations to deny the motions to compel. The referee concluded that although section 21167.6 specifies the contents of the record of proceedings, that statute does not require that such writings be retained. In effect, the referee interpreted section 21167.6 to provide that e-mails e... More...

$0 (08-02-2020 - CA)

Santafe Braun v. Insurance Company of North America

In this action, SantaFe Braun, Inc. (Braun), formerly known as C.F. Braun & Co., seeks coverage for numerous asbestos-related claims under various excess insurance policies. In phased proceedings lasting over 10 years, the trial court entered judgment in favor of the excess insurers based on Braun’s failure to establish that the primary and, in some cases, underlying layers of ex... More...

$0 (07-16-2020 - CA)

Joseph Martinez v. Baronhr, Inc.

What if neither party to an arbitration agreement places initials next to a jury waiver contained in the agreement, even though the drafter included lines for their initials? On the facts of this case, we conclude the lack of initials is of no legal consequence. Here, when appellants BaronHR, Inc., BaronHR, LLC, Fortress Worldwide, Inc. and Luis Perez (collectively BaronHR)... More...

$0 (07-09-2020 - CA)

Saint Francis Memorial Hospital v. State Department of Public Health

California law permits — but also sets certain limits on — judicial review of adjudicatory decisions made by agencies responsible for implementing public policies on health, natural resources, employment, and other issues. One example is Government Code section 11523, 1 which lets parties seek judicial review of an agency’s adjudicatory decision by filing a petiti... More...

$0 (07-03-2020 - CA)

Abelardo Martinez v. San Diego County Credit Union

Abelardo Martinez, who is blind, brought an action against San Diego County Credit Union (Credit Union) claiming its website is incompatible with software permitting him to read website content. He alleged this defect denied him equal access to, and full enjoyment of, the Credit Union's website and its physical locations. Martinez asserted a single cause of action under the Unruh C... More...

$0 (06-20-2020 - CA)

Trilogy Plumbing, Inc. v. Navigators Specialty Insurance Company

In this insurance bad faith action, defendant Navigators Specialty Insurance Company (Navigators) appeals from the order denying its special motion to strike under California’s anti-SLAPP statute, Code of Civil Procedure section 425.16.1 (All statutory references are to the Code of Civil Procedure unless otherwise specified.) Plaintiff Trilogy Plumbing, Inc. (Trilogy) allege... More...

$0 (06-19-2020 - CA)

State Compensation Insurance Fund v. Readylink Healthcare, Inc.

Defendant ReadyLink Healthcare, Inc. (ReadyLink) is a nurse staffing company that places nurses in hospitals, typically on a short-term basis. Plaintiff State Compensation Insurance Fund (SCIF) is a public enterprise fund created by statute as a workers' compensation insurer. Like private workers' compensation insurers, SCIF provides workers' compensation insurance to employers. Th... More...

$0 (06-15-2020 - CA)

James Mosley v. Pacific Specialty Insurance Company

Plaintiffs and appellants, James and Maria Mosley, rented out a home they own that defendant and respondent, Pacific Specialty Insurance Company (PSIC), insured under a homeowners’ policy (the Property). The Mosleys’ tenant started growing marijuana in the Property. To support his marijuana-growing operation, the tenant rerouted the Property’s electrical system to steal power fro... More...

$0 (05-28-2020 - CA)

Justin Moore v. Richard Burden Teed

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> This lawsuit arises out of the purchase and botched remodel of a fixer-upper house in the... More...

$0 (05-18-2020 - CA)

Crosno Construction, Inc. v. Travelers Casualty and Surety Company of America

North Edwards Water District (the District) selected Clark Bros., Inc. (Clark) as its general or direct contractor on a public works project to build an arsenic removal water treatment plant. Clark hired subcontractor Crosno Construction (Crosno) to build and coat two steel reservoir tanks. The subcontract contained a "pay-when-paid" provision that stated Clark would pay Crosno wit... More...

$0 (04-18-2020 - CA)

Montrose Chemical Corporation of California v. The Superior Court of Los Angeles County, Canadian Universal Insurance Company, Inc., Real Party in Interest

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> Montrose Chemical Corporation (Montrose) was sued for causing continuous environmental da... More...

$0 (04-07-2020 - CA)

Facebook, Inc. v. The Superior Court of the City and County of San Francisco, Derrick D. Hunter, Real Party in Interest

Real parties in interest Derrick D. Hunter and Lee Sullivan (defendants) were indicted on murder, weapons, and gang-related charges stemming from a drive-by shooting. Each defendant served a subpoena duces tecum on one or more of the petitioners, social media providers Facebook, Inc., Instagram, LLC, and Twitter, Inc. (collectively, providers), seeking both public and private c... More...

$0 (03-10-2020 - CA)

San Jose Neurospine v. Aetna Health of California, Inc.

On April 10, 2017, S.H. went to a hospital emergency room with “excruciating back pain.” A hospital emergency room physician called Doctor Adebukola Onibokun for assistance. Onibokun is the owner of SJN, a company that provides medical treatment and care. Onibokun consulted with S.H. and determined she had “lumbar disc herniations at 2 levels.” On the same day, he p... More...

$0 (03-01-2020 - CA)

Textron, Inc. v. Travelers Casualty and Surety Company

This insurance coverage dispute between Appellant Textron Inc. (Textron) and respondent Travelers Casualty and Surety Company (Travelers) raises the issue whether an earlier choice of law ruling in a Rhode Island coverage action between the parties qualifies for collateral and judicial estoppel effect, thus precluding Textron from seeking coverage under California law in the cu... More...

$0 (02-27-2020 - CA)

Philadelphia Indemnity Insurance Company v. SMG Holdings, Inc.

This case concerns whether a binding arbitration clause in an insurance policy issued by plaintiff Philadelphia Indemnity Ins. Co., applies to a third party, defendant SMG Holdings, Inc. The trial court ruled it does not. We conclude it does. The policy had been issued to Future Farmers of America, which was holding an event inside the Fresno Convention Center. Future Farmers had l... More...

$0 (01-31-2020 - CA)

<H2> C.W. Howe Partners, Inc. v. Greg Mooradian</H2>

Greg Mooradian and Debra A. Mooradian appeal from the order denying their special motion to strike under Code of Civil Procedure section 425.161 directed to the cross-complaint filed against them by C.W. Howe Partners Inc. and its principal Carl William Howe (collectively the Howes) for express indemnity, equitable indemnity, contribution and declaratory relief. The trial c... More...

$0 (12-31-2019 - CA)

Union Pacific Railroad Company v. Ameron pole Products, LLC

A motorist brought a personal injury action against appellant Union Pacific Railroad Company (Union Pacific) and respondent Ameron Pole Products LLC (Ameron) following a car accident in which she suffered serious injuries. Union Pacific filed a cross-complaint against Ameron for equitable indemnity and apportionment. Ameron moved for summary judgment, arguing the motorist would be ... More...

$0 (12-28-2019 - CA)

Janes Wong, as Personal Representative, etc. v. Aaron Wong, as Personal Representative, etc.

Sylvia Tang (Tang) and Alan Chung Cheung Wong (Wong) married in 1999 and divorced in 2011. During their marriage, Wong held a 48.5 percent interest and Tang held an 11 percent interest in Asian Square Inc. (Asian Square), which owns and operates Grand Century Mall in San Jose. On December 31, 2011, Tang and Wong entered a marital settlement agreement (settlement agreement) that res... More...

$0 (12-15-2019 - CA)

Long Beach Unified School District v. Margaret Williams, LLC

Long Beach Unified School District (the District) appeals from the dismissal of its cross-complaint under Code of Civil Procedure section 425.16, commonly known as the anti-SLAPP statute. (See Wilson v. Cable News Network, Inc. (2019) 7 Cal.5th 871, 880 (Wilson).) In 2006, the District entered into a contract with respondent Margaret Williams, LLC (Williams LLC), which had ... More...

$0 (12-10-2019 - CA)

Starview Property, LLC v. Stephen Y. Lee

In this acrimonious dispute between neighbors over a driveway easement, defendants Stephen and Tracy Lee appeal the trial court’s denial of a motion pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute,1 directed at three claims plaintiff Starview Property, LLC asserted for the first time in its first amended complaint. Although the Lees’ motion wa... More...

$0 (10-19-2019 - CA)

Travelers Property Casualty Company pf America v. Worker's Compensation Appeals Board and California Insurance Guarantee Association

Two employers agreed that the general employer would obtain workers’ compensation insurance for employees it leased to the special employer.1 Relying on this agreement, the special employer obtained workers’ compensation insurance for its own employees with a “limiting endorsement” excluding coverage for special employees. These agreements were in place for several<... More...

$0 (10-04-2019 - CA)

Paul Terrell v. State Farm General Insurance Company

The facts in this case are not in dispute. Appellants purchased a San Francisco property in 2000 (Property). They initially lived at the Property and obtained a homeowners insurance policy from State Farm. Appellants moved out and began renting the Property in 2003. They contacted their State Farm agent to inquire about appropriate insurance coverage for the Property. At their dir... More...

$0 (09-30-2019 - CA)

Southern California Pizza Co, LLC v. Certain Underwriters at Lloyd's, London Subscribing to Policy Number 11EPL-20208

<center> <h1> <a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28536&z=74103&s=OK" target="_new">MoreLaw Legal Marketing Services</a> A Better Way To Market Your Services On The Internet Call: 888-354-4592 Today! </h1> </center> Appeal from a judgment of the Superior Court of Orange County, Kim G. Dunning, ... More...

$0 (09-20-2019 - CA)

Renee Skelton v. Worker's Compensation Appeals Board

Petitioner Renee Skelton petitions for review of a determination by respondent Workers’ Compensation Appeals Board (WCAB or the Board) that she is not entitled to receive temporary disability indemnity (TDI) for time lost from work to attend appointments for medical treatment following her return to work. For the reasons stated below, we will affirm the WCAB’s decision. II.... More...

$0 (09-16-2019 - CA)

Pitzer College v. Indian Harbor Insurance Company

California’s notice-prejudice rule generally allows insureds to proceed with their insurance policy claims even if they give their insurer late notice of a claim, provided that the late notice does not substantially prejudice the insurer. (Campbell v. Allstate Ins. Co. (1963) 60 Cal.2d 303, 307 (Campbell).) In this context, we consider two narrow questions from the United... More...

$0 (09-02-2019 - CA)

Thomas Wu v. O'Gara Coach Company, LLC

<center> <h1> <a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28536&z=74103&s=OK" target="_new">MoreLaw Legal Marketing Services</a> Cost Effective Legal Professional Marketing Services Call 918-582-6422 Today! </h1> </center> In O’Gara Coach Co., LLC v. Ra (2019) 30 Cal.App.5th 1115 (Ra) this court reversed the t... More...

$0 (08-25-2019 - CA)

Thomas Wu v. O'Gara Coach Company, LLC

<center><h1> <a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28536&z=74103&s=OK" target="_new">MoreLaw Legal Marketing Services</a> Cost Effective Legal Professional Marketing Services Call 918-582-6422 Today! </h1> </center> In O�... More...

$0 (08-24-2019 - CA)

William E. Davis v. Mariposa County Board of Supervisors

The Board of Supervisors of Mariposa County (the County or respondent) adopted a resolution to levy an annual “assessment” of $80 upon certain real property to fund expenditures related to firefighting services. The affected residents had been given the opportunity to vote on the proposed levy, and it was supported by 61 percent of the voters. The County claimed to have acted p... More...

$0 (08-21-2019 - CA)

Charles Huckey v. City of Temecula

Plaintiff and appellant, Charles Huckey, sued defendant and respondent, City of Temecula (the City), for injuries he sustained from tripping and falling on a defective city sidewalk. He alleged the sidewalk defect was a dangerous condition of public property. (Gov. Code, §§ 830 et seq.)1 The trial court granted the city’s motion for summary judgment on the ground the side... More...

$0 (07-28-2019 - CA)

Leanne Hollingsworth v. The Superior Court of Los Angeles, Heavy Transport, Inc., Real Party in Interest

“Pursuant to constitutional mandate, the Legislature has vested the Workers’ Compensation Appeals Board (WCAB) with exclusive jurisdiction over claims for workers’ compensation benefits. (Cal. Const., art. XIV, § 4, Lab. Code, § 5300.)” (La Jolla Beach & Tennis Club, Inc. v. Industrial Indemnity Co. (1994) 9 Cal.4th 27, 35.) Thus, in an action involving a worker i... More...

$0 (07-25-2019 - CA)

Thee Aguila, Inc. v. Century Law Group, LLP

<center><h1> <a href="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a> Never Miss Another Call Don't Wait - Call 918-582-6422 Today! </h1> </center> Thee Aguila, Inc. appeals from a judgment entered in a lawsuit involv... More...

$0 (07-04-2019 - CA)

Anthony Inzana v. Turlock Irrigation District Board of Directors

<center><a href="https://www.morelaw.com/add/attorney/" target="_new"><img width="600" src="https://www.morelaw.com/images/banners/subscription.gif" target="_new"></a></center> Irrigation District (TID) is an irrigation district formed and existing under the Irrigation District Law (Water Code, § 20500 et seq.),1 which grants irrigation 1 Undesignated statutory references are t... More...

$0 (05-16-2019 - CA)

Michael B. Burch v. Certainteed Corporation

<center><h1> <a href="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a> Never Miss Another New Client Call </h1></center> Plaintiffs Michael and Cindy Burch sued defendant CertainTeed Corporation, an asbestos-cement (A/C) pipe manuf... More...

$0 (05-13-2019 - CA)

Mercury Insurance Company, Ricardo Lara, Consumer Watchdog, Intervenor and Appellant

Appeal from a judgment of the Superior Court of Orange County, Gail Andrea Andler, Judge. Motion to strike portion of intervener’s reply brief and motion for judicial notice. Motion to strike denied; motion for judicial notice granted. Judgment reversed and remanded with directions. Xavier Becerra, Attorney General, Diane S. Shaw, Assistant Attorney General, Lisa W. Chao, Nha... More...

$0 (05-12-2019 - CA)