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Key Decisions - May 2010
General Legal 

Key Decisions - May 2010 [pdf]

Welcome to the May 2010 edition of the Key Decisions eNewsletter, Berger Kahn's monthly publication summarizing the most important California state and federal court decisions. Key Decisions is an online publication only. To join our mailing list, please send us an email at KeyDecisions@BergerKahn.com or click here.

In This Issue

Alatriste v. Cesar’s Exterior Designs, Inc.: An Unlicensed Contractor Was Not Entitled To Payment And Had No Defense To A Customer’s Claim For Reimbursement Of Sums Already Paid

Hopp v. City of Los Angeles: A Secondhand Book Collector Was Not A Dealer And Was Not Required To Have A Permit

Kirk v. First American Title Insurance Company: When A Law Firm Hires An Attorney Who Has Confidential Client Information That Would Result In His Disqualification, There Is A Rebuttable Presumption That The Remainder Of The Firm Is Also Disqualified

Lane v. City of Sacramento: A Declaration About What An Unidentified Person Found During A Search Of A Database Did Not Support A Motion For Summary Judgment

The Luckman Partnership, Inc. v. Superior Court: The Danger Climbing Through Guardrails Posed Was Open and Obvious And Was Not A Latent Defect

Melton v. Boustrad: The Host Of An Open Party With Live Music, Dancing and Alcohol Was Not Liable For The Criminal Conduct Of Third Parties

Porter v. Wyner: Mediation Confidentiality Will Not Protect Communications Between A Client And His Or Her Attorney When The Client Makes A Subsequent Claim Against Their Attorney

Serrano v. Stefan Merli Plastering Company: A Litigant Was Not Entitled To Attorney’s Fees For Litigating Whether A Court Reporter’s Fees Were Reasonable

Silvaco Data Systems v. Intel Corporation: One Does Not, By Executing Machine-Readable Software, ‘Use’ The Underlying Source Code

United Enterprises, Inc. v. Superior Court: Sealing The Record Is Not Enough To Protect Policyholder When Declaratory Relief Suit Should Be Stayed

Wallace v. GEICO General Insurance Company: The Defendant In A Class Action Could Not Dispose Of It By “Picking Off” The Class Representative By Paying What It Owed


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