The Americans with Disabilities Act (ADA), which was enacted in 1990, was intended to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” The Department of Justice requires that places of public accommodation are to “furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with Read More…
California Appellate Decision Highlights Heavy Burden On Property Owners To Keep Their Premises Safe
Individuals and entities that own or occupy property have a legal duty to maintain their premises in a reasonably safe condition. To comply with this duty, those who control the property must inspect the premises or take other proper means to ascertain the condition of the property. If a dangerous condition exists that would have Read More…
The Art Of Assigned Claims
In the context of large construction defect litigation, we are seeing more partial settlement strategies involving assignments of claims. The most common is when the Developer/General Contractor agrees as part of a partial global settlement to assign its indemnity claims against one or more of the Non-Settling Subcontractor Cross-Defendants to the Plaintiff. In theory, this Read More…
Nevada Supreme Court Clarifies Statute Of Limitations In Construction Defect Cases
Statutes of repose serve an important purpose in construction defect litigation. In Nevada, the statutes identify the timeframe in which a homeowner may bring a Chapter 40 claim. If a homeowner attempts to bring claims outside of the statute of repose, a developer or subcontractor can immediately seek summary judgment. There are rarely absolutes, however, Read More…
Pass It Down — Keeping The Tax Basis In The Family
A change in ownership in real property will, unless an exception applies, trigger a reassessment by the County Assessor’s Office. The property taxes will be recalculated based upon the appraised (and most likely increased) value of the property. There are exclusions to the rule, however, including the Parent-Child Transfer Exclusion. You may qualify for this Read More…
New Appellate Decision Strictly Construes SB 800 Timing Requirements
In a new decision, the Court of Appeal has strictly construed the deadlines imposed by SB 800 for builders to respond to a notice of claim. In doing so, the Court found that a notice of claim that contained only vague, boilerplate language describing a homeowner’s allegations will nevertheless trigger the 14-day period in which Read More…
Recent California Supreme Court Decision May Affect Discoverability Of Crawford Invoices
In the landmark decision of Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal.4th 541, the Supreme Court of California held that a contractual indemnitor incurs a duty to defend its indemnitee as soon as the indemnitee tenders its defense to the indemnitor. The decision had a significant impact on construction defect lawsuits, which typically Read More…
California Supreme Court Addresses Pitfalls Of Dual Agency Relationships In Real Estate Transactions
It is not uncommon for parties on opposite sides of a real estate transaction to consent to representation by a single real estate broker for purposes of reducing commissions or expediting a transaction. California law allows for such a “dual agency” relationship if the buyer and seller consent to such a relationship after required disclosures. Read More…
Appellate Review Adds New Twist In Chargers Stadium Effort
The California Supreme Court recently made it a little harder for a new Chargers stadium to be approved with only a majority vote, rather than a two-thirds vote, in the upcoming November election. As explained in an earlier post, the Fourth District Court of Appeal’s March of 2016 decision in California Cannabis Coalition v. City Read More…
Court Of Appeal Expands Application Of Primary Assumption Of The Risk Doctrine To Recreational Activities
Under the primary assumption of the risk doctrine, a property owner has no duty to protect a plaintiff against risks that are inherent in a sporting or recreational activity if the activity involves an inherent risk of injury to voluntary participants and the risk cannot be eliminated without altering the fundamental nature of the activity. Read More…
