Scott R. Murphy and Anthony C. Sallah | Barnes & Thornburg In a case of first impression in the district, California’s Fourth District Court of Appeal found in Caliber Paving Co., Inc. v. Rexford Industrial Realty & Management, Inc. that an owner on a construction project could be liable to a subcontractor for the tort of intentional… Continue reading California Court Allows Subcontractor To Pursue Project Owner For Tortious Interference
Tag: california
Court of Appeal Puts the “Equity” in Equitable Subrogation
Garret Murai | California Construction Law Blog Subrogation as a concept is well understood in insurance circles. According to the Institute of Risk Management Institute’s glossary of insurance terms subrogation is “the assignment to an insurer by the terms of [a] policy or by law, after payment of a loss, of the rights fo the… Continue reading Court of Appeal Puts the “Equity” in Equitable Subrogation
A Win for Policyholders: California Court of Appeals Applies Vertical Exhaustion for Continuous Injury Claims
Celia B. Waters | Saxe Doernberger & Vita Fresh off the heels of the California Supreme Court’s landmark decision in Montrose Chemical Corp. v. Super. Ct. of L.A. Cty. (“Montrose III”),1 policyholders scored another victory as another California court rejected horizontal exhaustion in the context of continuous injury cases. The Court of Appeal of the State of… Continue reading A Win for Policyholders: California Court of Appeals Applies Vertical Exhaustion for Continuous Injury Claims
Fact of Settlement Communications in Underlying Lawsuits is Not Ground for Anti-SLAPP Motion in Subsequent Bad Faith Lawsuit
Christopher Kendrick and Valerie A. Moore | Haight Brown and Bonesteel In Trilogy Plumbing, Inc. v. Navigators Specialty Ins. Co. (No. G057796, filed 5/27/20, ord. pub. 6/18/20), a California appeals court ruled that an insurance bad faith lawsuit alleging a variety of claim handling misconduct in defending the insured was not subject to an insurer’s special Strategic… Continue reading Fact of Settlement Communications in Underlying Lawsuits is Not Ground for Anti-SLAPP Motion in Subsequent Bad Faith Lawsuit
California Mechanics’ Lien Case Treads Both Old and New Ground
Garret Murai | California Construction Law Blog People do the darnedest things. The next case, Carmel Development Company v. Anderson, Case No. H041005, 6th District Court of Appeals (April 30, 2020), involving a 10-plus year oral design and construction contract, inconsistent accounting practices, two mechanics liens, and side-agreements, takes us down some well traveled paths but… Continue reading California Mechanics’ Lien Case Treads Both Old and New Ground