Garret Murai | California Construction Law Blog | February 4, 2019 As Morrissey of the Smith’s sang: Coyness is nice, but Coyness can stop you, from saying all the things in life you’d like to. It’s not uncommon in litigation to see a complaint asking for “damages according to proof.” Call it laziness. Call it hiding the ball.… Continue reading Coyness is Nice. Just Not When Seeking a Default Judgment
Tag: california
California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite
Gus Sara | The Subrogation Strategist | January 10, 2019 In Kohler Co. v. Superior Court, 29 Cal. App. 5th 55 (2018), the Second District of the Court of Appeal of California considered whether the lower court properly allowed homeowners to bring class action claims under the Right to Repair Act (the Act) against a manufacturer of a… Continue reading California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite
Naughty or Nice. Contractor Receives Two Lumps of Coal in Administrative Dispute
Garret Murai | California Construction Law Blog | January 7, 2019 So, how were your holidays? Hopefully you were good and didn’t receive a lump of coal from Santa. For one contractor, 2018, wasn’t such a good year. And as its name, Black Diamond, suggests, it did indeed receive a black diamond from the courts.… Continue reading Naughty or Nice. Contractor Receives Two Lumps of Coal in Administrative Dispute
Property Damage Is Not Necessarily Physical In Calif.
Catherine L. Doyle and Jan A. Larson | Jenner & Block LLP | December 10, 2018 In a recent decision, Thee Sombrero Inc. v. Scottsdale Insurance Company, a California appellate court ruled against insurers seeking to limit coverage for loss of use damages related to an ownership interest in tangible property. The appellate court held… Continue reading Property Damage Is Not Necessarily Physical In Calif.
Class Actions Under California’s Right to Repair Act. Nope. Well . . . Nope.
Garret Murai | California Construction Law Blog | December 17, 2018 It’s the holidays. A time when family and friends, and even neighbors, gather together. And nothing brings neighbors closer together than class action residential construction defect litigation. In Kohler Co. v. Superior Court, Case No. B288935 (November 14, 2018), the Second District Court of Appeal addressed… Continue reading Class Actions Under California’s Right to Repair Act. Nope. Well . . . Nope.