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	Key Decisions - February 2009 General Legal  Key Decisions - February 2009 [pdf] Welcome to the February 2009 edition of the Key Decisions eNewsletter, Berger Kahn's monthly publication summarizing the most important California state and federal court decisions. Key Decisions is now an online publication only. To join our mailing list, please send us an email at KeyDecisions@BergerKahn.com or click here. In This Issue Birke v. Oakwood Worldwide: A Tenant Who Is Subjected To Secondhand Smoke In An Apartment Complex’s Public Areas Can State A Cause Of Action For Nuisance Against The Landlord Insyst, Ltd. v. Applied Materials, Inc.: Notices Sent By E-Mail Must Comply With The Statutory Requirements Major v. Western Home Insurance Company: An Outside Adjuster Can Be A “Managing Agent” For Purposes Of Awarding Punitive Damages Against An Insurer Mercury Insurance Company v. Pearson: An Additional Driver Is Not Necessarily An Insured For Purposes Of Uninsured Motorist Coverage Musaelian v. Adams: A Self-Represented Attorney May Not Recover Sanctions Under Code of Civil Procedure, Section 128.7 Oldcastle Precast, Inc. v. Lumbermans Mutual Casualty Co.: A Summary Judgment May Be Granted As The Result Of A Defective Opposition Prospect Medical Group, Inc. v. Northridge Emergency Medical Group: A HMO Member Cannot Be Billed For The Difference Between What Emergency Room Doctors Charge And Their HMO Pays Safeco Insurance Company of America v. Parks: An Insurer That Properly Denied Coverage Breached The Implied Covenant Of Good Faith And Fair Dealing By Failing To Investigate Whether It Issued Another Policy That May Have Provided Coverage Schatz v. Allen Matkins Leck Gamble & Mallory, LLP: A Client’s Election To Proceed Under The Mandatory Fee Arbitration Act Does Not Necessarily Deprive An Attorney Of The Right To Binding Contractual Arbitration Tan v. Arnel Management Company: Prior Incidents Of Criminal Acts Were Sufficient To Support A Finding That A Landlord Had A Duty To Protect A Tenant From Criminal Acts Of Third Parties Back
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