In Pulte Home Corporation v. American Safety Indemnity Co. (2017) 14 CA5th 1086 a homeowner sued for latent construction defects. The General Contractor sought a defense under its sub’s general liability policy as an additional insured. The insurer denied coverage...
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Month: July 2018
Private Court Reporters Can Only Charge what the Govt. Code Allows for a Copy of the Proceeding
In Burd v. Barkley Court Reporters (2017) 17 Cal.App.5th 1037, the court stated the fees allowed for an official transcript in Government Code sections 69950 and 69954 are the max a private reporter can charge of a proceeding in front of a judge. I love this ruling ...
FEHA employee protections against adverse attorney fee/cost awards trump CCP 998
Arave v. Merrill Lynch (2018) 19 Cal.App.5th 525 reinforces that in labor law employees have nothing to lose from suing. Plaintiff sued his employer under FEHA and lost. The defendant employer previously served a CCP 998 offer to settle of $100,000 which was...
Attorney Fees Denied to Employee who proved discrimination but did not win any monetary damages
In Bustos v. Global P.E.T. (2018) 19 CA5 th 558 an employee who proved discrimination as a motivating factor due to his disability (carpal tunnel syndrome vs. employer who said it was an economic lay off) lost an award of attorneys fees and costs under Harris v. City...