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Key Decisions - June 2010
General Legal 

Key Decisions - June 2010 [pdf]

Welcome to the June 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

Barnett v. First National Insurance Co. of America: A Statutory Offer To Compromise Made Jointly To Married Plaintiffs Is Valid

Barragan v. County of Los Angeles: A Claimant’s Disability Can Establish Excusable Neglect

Boeken v. Philip Morris USA, Inc.: After Suing For Loss Of Cosortium Caused By An Injury, A Plaintiff Cannot Then Sue For Wrongful Death Due To That Injury

Chino Commercial Bank, N.A. v. Peters: Customer Has The Burden Of Showing That A Bank Negligently Issued Payment

Chude v. Jack in the Box, Inc.: An Uninsured Driver Burned By Hot Coffee Cannot Recover Noneconomic Damages

Huveserian v. Catalina Scuba Luv, Inc.: Release Language In A Scuba Rental Agreement Did Not Preclude A Lawsuit

Laclette v. Galindo: Triable Issue As To Whether An Attorney’s Representation Of A Client Had Ended, Precluded Summary Judgment Based On A Subsequent Claim Against Their Attorney

Ladd v. Warner Bros. Entertainment, Inc.: The Implied Covenant Of Good Faith And Fair Dealing Applied To The Allocation Of License Fees For The Sale Of Packages Of Movies

Lockton v. O’Rourke: Omitting Facts From An Amended Complaint Does Not Make Earlier Admissions Vanish

Martinez v. Ford Motor Co.: A Defendant Cannot Take Advantage Of California’s Generous Discovery Rules And Then Move To Dismiss For Inconvenient Forum

Ron Burns Construction Company, Inc. v. Moore: Reliance On Opposing Counsel’s Extension Agreement Justifies Late Filed Motion

Simpson Strong-Tie Co., Inc. v. Gore: An Attorney’s Advertisement That There May Be Claims Against A Potential Defendant Is Protected Speech Under The Anti-SLAPP Statute

State Compensation Insurance Fund v. Superior Court: Filing An Amended Complaint Makes A Summary Judgment Motion That Is Directed Toward A Prior Version Moot

Tarlesson v. Broadway Foreclosure Investments, LLC: A Judgment Debtor Was Entitled To Claim A Homestead Exemption

Whitmire v. Ingersoll-Rand Company: A Litigant Cannot Create A Triable Issue Of Material Fact By Contradicting Its Prior Discovery Responses


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