Real Estate & Business Attorneys
A legal malpractice action time-barred where filed more than one year after attorney’s act of negligence but less than one year after plaintiff negotiated a settlement with third parties that was reduced in value due to the attorney’s negligence. Shaoxing City Maolong...
A non-California attorney who has not been admitted pro hac vice may not recover attorney fees as plaintiff’s class action counsel. In Golba v. Dick’s Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251. After settling a class action, plaintiff ’s counsel sought $210,000...
In Carlson v. Home Team Pest Defense, Inc. (2015) 239 Cal. App.4th 619 [First Dist., Div. Four, relying on pre-Sanchez authorities, but citing Sanchez in a footnote, the court affirms the trial courts denial of employer’s motion to compel arbitration, concluding that...
Plaintiff car buyer filed a putative class action case alleging a defect. The purchase agreement required arbitration, waived class actions, allowed appeals from arbitration awards, consumer pays costs of arbitral appeal, excluded self help remedies to benefit car...
Privette is alive and well, but an injured sub-contractor’s employee can argue the following to try to hold the general contractor or property owner liable. These are for very bad general contractors and property owners who deserve to be nailed.Contractual safety...
Some strong cases extending the 1993 “Privette doctrine”, Privette v. Superior Court (1993) 5 Cal.4th 689, holding that if an independent contractor’s employee is injured on the job and subject to workers’ compensation coverage, he cannot seek recovery of tort...
“ Generally, when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work.” (SeaBright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590, 594.) This rule has been known as the “Privette...
Representative Cases and Clients of Simkin & Assoc. (This is a sample of some of the thousands of cases handled.) Quiet Title Prescriptive Easement Quiet Title unclear deed description Partition of Apartment Buildings after dispute between owners. Partition House...
A written contract for the sale of real property included an integration clause stating that “no extrinsic evidence whatsoever may be introduced in any judicial proceedings involving this Agreement.” The referee who tried the case considered such evidence, finding for...
In Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 CA4th 432 defendant was defaulted and its long time counsel simply said the failure to respond was his fault but did NOT state the reason for not filing a timely response. The trial court set aside the...