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Key Decisions - December 2009 General Legal Key Decisions - December 2009 [pdf] Welcome to the December 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 In This Issue Barboza v. West Coast Digital GSM, Inc.: In A Class Action, Class Counsel’s Job Is Not Done And It Cannot Recover Its Fees Until All Class Issues Are Resolved, And Those Issues May Include Enforcement Of A Judgment Cassel v. Superior Court: Mediation Confidentiality Does Not Extend To Communications Solely Between A Client And Counsel Costco Wholesale Corporation v. Superior Court: Once A Litigant Makes A Basic Showing That A Communication Is Subject To The Attorney-Client Privilege, The Burden Is On The One Seeking Disclosure To Show It Is Not Privileged And That Cannot Be Done By Way Of An In Camera Review Davis v. Ford Motor Credit Company: Applying On-Time Payments To Earlier Missed Payments And Then Imposing A Late Charge Relative To The Now Late “On-Time” Payment, Is Permissible Galleria Plus, Inc. v. Hanmi Bank: A Motion For Sanctions Under Code Of Civil Procedure, Section 128.7 Requires Adequate Notice Howell v. Hamilton Meats & Provisions, Inc.: The Collateral Source Rule Entitles An Injured Plaintiff To Recover The Reasonable Cost Of Necessary Medical Services Even If The Plaintiff’s Insurer’s Agreement With Medical Providers Includes A Discount Kim Seng Company v. Great American Insurance Company of New York: The Prior Publication Exclusion Applies To Trademark Infringement Claims Magano v. Verity, Inc.: Under California Law, Unlike Federal Law, Evidence Of An Offer To Compromise Is Inadmissible Even If There Is No Actual Dispute At The Time It Is Made Nader Automotive Group. LLC v. New Motor Vehicle Board: A Litigant’s Failure To Comply With Discovery Was Without Substantial Justification Roby v. McKesson Corporation: The Amount Of Punitive Damages That May Be Awarded Is Lower When Reprehensible Conduct Is Relatively Less Egregious Simandle v. Vista De Santa Barbara Associates, LP: Heirs, By Failing To Maintain A Mobilehome That They Inherited, Lost The Right To Sell It In Its Assigned Space Back |
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