Covenant Law
 
Blakely Mchugh v. Protective Life Insurance

This appeal raises one fundamental issue: whether Insurance Code sections
10113.71 and 10113.721 ("the statutes"), which came into effect on January 1, 2013,
apply to term life insurance policies issued before the statutes' effective date. In 2005,
Protective Life Insurance Company (Protective Life) issued William Patrick McHugh a
60-year term life policy (the policy) that provided... More...
   $0 (10-13-2019 - 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)

Cinthya Olivares v. Rolando Pineda

Super. Ct. No. CIVMSC 17-02059)
Eric Meyers and Westpro Realty, Inc. (the attorney defendants) appeal from an
order denying their special motion to strike under the anti-SLAPP law. (Code Civ. Proc.,
§ 425.16.)1
They contend the claims asserted against them for wrongful eviction, misuse
of a security deposit (Civ. Code, § 1950.5, subd. (b)(1)), breach of the covenant of quietMore...
   $0 (09-26-2019 - CA)

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



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Appeal from a judgment of the Superior Court of Orange County, Kim G.
Dunning, ... More...
   $0 (09-20-2019 - CA)

Shirli Fabri Weiss, as Trustee, etc. v. City of Del Mar, Torrey Pacific Corporation, Real Party in Interest



Shirli Weiss, as trustee for her trust, applied under a local scenic view ordinance to
compel a neighboring property owner to trim and maintain its landscaping. After the city
denied her application, Weiss petitioned... More...
   $0 (09-04-2019 - 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 S... More...
   $0 (09-02-2019 - CA)

Victor M. Quiroz Franco v. Greystone Ridge Condominium




In March 2018, employees of defendant Greystone Ridge Condominium
(Greystone), including plaintiff Victor M. Quiroz Franco (plaintiff), were presented with
and asked to sign an agreement requiring that each employee agree to submit to final and
binding arbitration ... More...
   $0 (08-30-2019 - ca)

Robbie Emery Burke v. Vic Regaldo and Stanley Glanz




The Tulsa County Sheriff’s Office (“TCSO”) runs the Tulsa County Jail (“the
jail”). In 2011, Elliott Williams was jailed there. Shortly after his booking, he severely
injured his neck, causing lower body paralysis. No one treated his injury. Despite his
frequ... More...
   $0 (08-22-2019 - OK)

Yalila Lacayo v. Catalina Restaurant Group, Inc.

Defendants and appellants Catalina Restaurant Group, Inc., Carrows Restaurants,
Inc., Carrows Family Restaurants, Inc., Coco’s Bakery Restaurants, Inc. and Coco’s
Restaurants, Inc. (collectively, Catalina Defendants) appeal the partial denial of their
motion to compel arbitration. Plaintiff and respondent Yalila Lacayo (Lacayo) was an
employee of Catalina Defendants. Lacayo filed h... More...
   $0 (08-03-2019 - CA)

Christopher Potter v. Alliance United Insurance Company

Plaintiff and appellant Christopher Potter (Potter) was
injured by Jesus Remedios Avalos-Tovar (Tovar) in an auto
accident. Tovar was insured by defendant and respondent
Alliance United Insurance Company (AUIC), with a maximum
liability limit of $15,000. Potter offered to settle personal injury
claims against Tovar for his policy limit, but AUIC did not
respond to the offer... More...
   $0 (07-24-2019 - CA)

Monster Energy Company v. Bruce L. Schechter



Here the parties to a tort action agreed to settle their
lawsuit. Their agreement was reduced to writing and included
several provisions purporting to impose confidentiality
obligations on the parties a... More...
   $0 (07-12-2019 - CA)

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


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Thee Aguila, Inc. appeals from a judgment entered in a
lawsuit involv... More...
   $0 (07-04-2019 - CA)

Valuerock TN Properties, LLC v. PK II Larwin Square SC LP


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This is an appeal from an order denying a special motion to strike under the
an... More...
   $0 (06-30-2019 - CA)

Frances Rivera v. Jennifer Kent


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Several applicants for benefits under the Medi-Cal program and an advocac... More...
   $0 (06-28-2019 - CA)

Glenn Eisen v. Ardeshir Tavangarian

Following a bench trial the court entered judgment and
granted an injunction in favor of Glenn Eisen and Alison Eisen,
finding that Ardeshir Tavangarian, Tania Tavangarian and
619 Properties, LLC had violated the view protection provisions
of paragraphs 1 and 11 of the covenants, conditions and
restrictions (CC&R’s) applicable to the parties’ neighboring
properties in the M... More...
   $0 (06-23-2019 - CA)

Glenn Eisen v. Ardeshir TavanGarian

Following a bench trial the court entered judgment and
granted an injunction in favor of Glenn Eisen and Alison Eisen,
finding that Ardeshir Tavangarian, Tania Tavangarian and
619 Properties, LLC had violated the view protection provisions
of paragraphs 1 and 11 of the covenants, conditions and
restrictions (CC&R’s) applicable to the parties’ neighboring
properties in the M... More...
   $0 (06-21-2019 - CA)

United Grand Corporation v. Malibu Hillbillies, LLC, Cyrus Sanai, Objector and Appellant

This is the fifth and presumably final appeal in a lawsuit
which began in August 2014 as a garden variety commercial rent
dispute. In brief, Malibu Hillbillies LLC did not pay rent to its
landlord, appellant United Grand Corporation. United Grand
filed a civil action to recover the overdue rent from Malibu
Hillbillies and its guarantor, respondent Marcie Stollof.
Although a... More...
   $0 (06-14-2019 - CA)

Antonio Cuevas-Martinez v. Sun Salt Sand, Inc.

After successfully obtaining summary judgment on a lawsuit brought by his
former employer, Antonio Cuevas-Martinez sued the employer and their attorney
(collectively, respondents) for malicious prosecution. Respondents filed an anti-SLAPP
motion to strike the complaint. (Code Civ. Proc., § 425.16, unlabeled statutory citations
refer to this code.)1
The trial court granted the ... More...
   $0 (06-08-2019 - CA)

Wertheim, LLC v. Currency Corporation

We recount some of the facts from an opinion authored by
Division Five of this District in the second of two related appeals,
which we will call Wertheim III. (Wertheim, LLC v. Currency
Corp. (Aug. 25, 2017, B270926) [nonpub. opn.].)
In 2009, a jury in Department 44 of the superior court
found Currency liable to Wertheim for breach of contract, and
awarded it $38,554.48. Th... More...
   $0 (06-07-2019 - CA)

Alan Heimlich v. Shiraz M. Shivji

Code of Civil Procedure section 9981
creates an incentive
for settlement. It authorizes an award of costs to a party that
makes a pretrial settlement offer when the opponent rejects the
offer and obtains a lesser result at trial. (Martinez v. Brownco
Construction Co. (2013) 56 Cal.4th 1014, 1019.) In 1997, the
Legislature amended the statute to make the same incentive
a... More...
   $0 (06-01-2019 - CA)

Mary Ann Murray v. BEJ Minerals, LLC




Upon a vote of a majority of the non-recused active
judges, we granted rehearing en banc in Murray v. BEJ
Minerals, LLC, 908 F.3d 437 (9th Cir. 2018) (“Murray II”),
to determine whether dinosaur fossils are part of the surface
estate or the mineral estate u... More...
   $0 (05-20-2019 - MT)

Yelena Levitin and Chicago Surgical Clinic, Ltd. v. Northwest Community Hospital, et al.





For nearly thirteen years, Dr. Yelena Levitin performed surgeries at Northwest Community Hospital in Arlington Heights, Illinois. In January 2013 the hospital terminated her practice privileges. She brought this Title VII suit... More...
   $0 (05-08-2019 - IL)

Tanimura & Antle Fresh Foods, Inc. v. Salinas Union High School District




In this appeal we consider whether a school district acted reasonably in imposing
school impact fees on a new residential development project intended to house adult
seasonal farmworkers employed by the company. The trial court found that there was no
reasonable relationshi... More...
   $0 (04-27-2019 - CA)

United States of America v. Laurance H. Freed




It appears that Laurance Freed did
everything he could to keep his real estate business alive.
Unfortunately for Freed, much of that was illegal. Freed lied to
prospective lenders about the availability of colla... More...
   $0 (04-22-2019 - IL)

ANGELA S. CIANFAGLIONE - vs - LAKE NATIONAL BANK (nka ERIE BANK), et al.




On January 6, 2017, Grajzl filed a Complaint against Lake National Bank,
bank employee Lisa Lawrence, John Does 1 and 2, and her ex-husband, Andrew
Cianfaglione. The Complaint alleged that Cianfag... More...
   $0 (04-13-2019 - OH)

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