Yaron Shaham | Kahana Feld In order for a plaintiff to prove a defendant is negligent, the plaintiff must prove the defendant (1) owed a duty to plaintiff, (2) breached that duty, (3) the breach was the actual and proximate cause of plaintiff’s injury, and (4) the resulting monetary damage. However, for both plaintiffs and… Continue reading Understanding California’s Pure Comparitive Negligence Law
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Protecting and Perfecting Your Mechanics Lien when the Property Owner Files Bankruptcy
William L. Porter | Porter Law Group Introduction/Overview of the Mechanics Lien Law The California mechanics lien is a powerful tool for contractors, subcontractors and materials suppliers to secure payment of unpaid construction debts. A contractor, subcontractor or materials supplier is allowed to record a mechanics lien on real property, based on the value added… Continue reading Protecting and Perfecting Your Mechanics Lien when the Property Owner Files Bankruptcy
Duty to Defend, Number of Occurrences and Aggregate Limits of Liability – U.S. District Court for the Central District of California (California Law)
Tanya M. Murray | Plunkett Cooney San Bernardino County v. The Ins. Co. of The State of PennsylvaniaCase No. 5:21-cv-01978-PSG-JEM (D. Cal. May 16, 2023) The U.S. District Court for the Central District of California granted in part, and denied in part, the parties’ cross motions for summary judgment. At issue between the parties, San… Continue reading Duty to Defend, Number of Occurrences and Aggregate Limits of Liability – U.S. District Court for the Central District of California (California Law)
Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim
Garret Murai | California Construction Law Blog If you’re a regularly reader of the California Construction Law Blog you’re aware of Business and Professions Code section 7031 which courts have variously described as “harsh[ ],” “draconian” and “unjust,” but, importantly, nevertheless valid. We haven’t seen many cases applying Section 7031 in an arbitration setting, however,… Continue reading Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim
HOA Has Standing To Bring A Claim On Behalf Of Homeowners For Construction Defect Claims
Andreea Custurea and Thomas Fama | Wood Smith henning & Berman In the case of River’s Side at Washington Sq. Homeowners Assn. v. Superior Court, 3d. Cir. No.C095860 (2023), a homeowners association successfully argued that it had standing to sue for construction defects on behalf of individual unit owners. Under the Right to Repair Act, homeowner… Continue reading HOA Has Standing To Bring A Claim On Behalf Of Homeowners For Construction Defect Claims