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Legal Blog 2020-07-22T09:02:33-07:00

Legal Blog

Issues in Arbitration Clauses Arising From Dennison v. Rosland Capital, LLC Opinion

Dear Clients and Colleagues, Recently, the Court of Appeal, Second Appellate District, Division Eight issued an opinion (which has been certified for publication) invalidating an arbitration clause after determining the the arbitration clause in the contract was unconscionable. Dennison v. Rosland Capital LLC (Cal. Ct. App., Apr. 1, 2020, No. B295350) 2020 WL [...]

April 21st, 2020|Categories: Legal Blogs|

California Restaurants Sue Insurers for Coronavirus Coverage

Dear Clients and Colleagues, With much of the country now under “stay-at-home” or similar orders in response to the spread of COVID-19, businesses deemed “non-essential” have been forced to close. In response, those “non-essential” businesses are preemptively filing suit against their commercial insurers for business income or business interruption losses. Indeed, even [...]

April 15th, 2020|Categories: Legal Blogs|

California Appellate Court Rules that “Wage-and-Hour” Exclusion Does Not Bar Coverage for Employee Expense Reimbursement Claims

A.      Summary  In late 2019, a California appellate court ruled in a published decision, Southern California Pizza Co., LLC v. Certain Underwriters at Lloyd's, London, 40 Cal. App. 5th 140 (Cal. Ct. App. 2019), that a wage-and-hour exclusion in an Employment Practices Liability Insurance ("EPLI") policy did not bar defense coverage for [...]

March 5th, 2020|Categories: Legal Alerts, Legal Blogs|

U.S. Supreme Court Unanimously Rejects “Wholly Groundless” Exception to Court Deference to Contract Provision Providing the Arbitrator Determines Issues of Arbitrability

On January 8, 2019, the first day available for announcement of decisions by the Court, the United States Supreme Court again reminded all of the high court’s deference to parties’ contractual agreements regarding arbitration.  In his debut opinion for the Court, Associate Justice Brett Kavanaugh rejected the so-called “wholly groundless” [...]

January 17th, 2019|Categories: Legal Alerts, Legal Blogs|

Code of Civil Procedure Section 998: Understanding the Burden of Proof and Good Faith Requirements Regarding 998 Offers

In the case of Licudine v. Cedars-Sinai Medical Center (opinion filed 1/3/19), the plaintiff served a statutory offer to compromise pursuant to Code of Civil Procedure Section 998 on the defendant 19 days after filing the complaint and 5 days after the defendant answered the complaint.  The 998 offer is [...]

January 8th, 2019|Categories: Legal Alerts, Legal Blogs|