Dear Colleague, Some of you have asked for my opinion regarding candidates for the upcoming judicial election.  Since this election is so important to our justice system, I decided to send you my unsolicited recommendation. I strongly encourage you to support and vote for JUDGE KERI KATZ and I would

Dear Colleague, Some of you have asked for my opinion regarding candidates for the upcoming San Diego City Attorney’s race. The City Attorney advises the Mayor and the City Council, and prosecutes misdemeanor and infractions. This office provides legal advice on issues of critical importance to San Diegans, including our aging

There is a split of authorities over the scope of collapse coverage where the policies leave the term “collapse” undefined.  See § C38 COLLAPSE OF A BUILDING [§ C38:1 In general].  Insurance companies reacted by defining “collapse” and elaborating  on the collapse definition in an attempt to make the scope

In general First party property policies First party homeowners policies do not contain a specific reference to the words “sue and labor”.  The phrase “sue and labor” appears historically in marine and inland marine insurance policies.   The phrase may express the duty implied in law on the part of the

Prior to June 2016 there was a question concerning the proper calculation of the punitive-compensatory ratio dispute and whether Brandt fees are to be included in the compensation-ratio.  In Major v. Western Home Ins. (2009) 116 Cal. App. 4th 1197, 1224, the “amount of the jury’s award of Brandt fees

In deciding whether to sever terms rather than to preclude enforcement of the provision altogether, the overarching inquiry is whether the interest of justice would be furthered by severance; strong preference is to sever unless the agreement is PERMEATED by unconscionability.  [Magno v. College Network, Inc. (2016) 1 Cal. App. 5th 277,

General principles; “who decides” whether an arbitration provision is to include class-action-proceedings; court or arbitrator?   The subject of “who decides”  whether an arbitration provision is to include class-action-proceedings; court or arbitrator is a matter of contract agreement.  [Sandquist v. Lebo Automotive (2016) 1 Cal. 5th 233, 243, citing First Options of Chicago (1995)

Owner-developer An owner-developer is a property owner that obtains permits for the construction job at his or her own home and serves as the person responsible for the construction, similar to a general contractor.  After obtaining a building permit for the house, the owner may serve as his own general

Kaiser; various Kaiser entities Kaiser Health Plan, aka health plan The health plan is a “health care service plan” defined under Health & Safety Code § 1345(f)(1), (also known as the Knox-Keene Healthcare Service Plan Act of 1975).  Compare § U11 UNDERWRITING [§ U11:2 Post-claim underwriting; health insurance].  Health plans are not healthcare providers