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HTMLNo Good Deed Goes Unpunished--What Steps You Should Take to Avoid Liability as an Officer of a Nonprofit Corporation
Alena M. Herranen; Borton Petrini LLP;
Legal Alert/Article
October 13, 2014, previously published on Fall 2014
When you volunteered to become an officer of your California nonprofit corporation, you may have thought you would be spending your volunteer hours bringing musical education to public schools, raising money for scholarships, or working toward some other laudable charitable goal. This is true....

 

Adobe PDFDiscovery Allowed to Attack Inflated Medical Billings
Matthew J. Trostler; Borton Petrini, LLP;
Legal Alert/Article
August 1, 2014, previously published on Spring 2014
In 2011, the case of Howell v Hamilton Meats and Provisions held that a plaintiff may recover as economic damages no more than the reasonable value of the medical services rendered and in any event is not entitled to recover the reasonable value if his or her actual loss was less. Corenbaum v...

 

Adobe PDFHomeowners Attempt to "Return to AAS"; Builder Seeks Writ Relief
Andrew M. Morgan, Calvin R. Stead; Borton Petrini, LLP;
Legal Alert/Article
August 1, 2014, previously published on Summer 2014
Civil Code section 895 et seq. ("the Act" or "SB800") sets forth construction standards for residential homes sold after January 1, 2003. It makes violation of the standards actionable regardless of whether the violation(s) caused actual property damage, effectively abrogating...

 

Adobe PDFIf I Can "Like" It, It Ain't Confidential!!!
Jason A. Cohen, Jonathan P. Geen; Borton Petrini, LLP;
Legal Alert/Article
August 1, 2014, previously published on Summer 2014
"Loose lips sink ships," the old adage goes. A modern version, in the context of today's ubiquitous social media (i.e., Facebook, LinkedIn, etc.), might state, "Posts that boast, cost the most." At least the Third District Court of Appeal in the state of Florida feels so. The...

 

Adobe PDFFourth District Rules Wages Earned from Inferior Job Cannot be Used to Mitigate
Jonathan P. Geen; Borton Petrini, LLP;
Legal Alert/Article
August 1, 2014, previously published on Spring 2014
The Fourth District, in an important recent case, clarified that wages from an inferior job cannot be used to mitigate damages. In Villacorta v. Cemex (2013) 221 Cal.App.4th 1425, the Court of Appeal for the Fourth Appellate District, affirmed the decision of a trial court letting a jury verdict...

 

HTMLHomeowners Attempt to "Return to AAS"; Builder Seeks Writ Relief
Andrew M. Morgan; Borton Petrini, LLP;
Legal Alert/Article
July 16, 2014, previously published on Summer 2014
Civil Code section 895 et seq. ("the Act" or "SB800") sets forth construction standards for residential homes sold after January 1, 2003. It makes violation of the standards actionable regardless of whether the violation(s) caused actual property damage, effectively abrogating...

 

HTMLIf I Can "Like" It, It Ain't Confidential!!!
Jason A. Cohen; Borton Petrini, LLP;
Legal Alert/Article
July 16, 2014, previously published on Summer 2014
"Loose lips sink ships," the old adage goes. A modern version, in the context of today's ubiquitous social media (i.e., Facebook, LinkedIn, etc.), might state, "Posts that boast, cost the most." At least the Third District Court of Appeal in the state of Florida feels so. The...

 

HTMLDevelopers Beware: SB800 Not Exclusive Remedy for Construction Defect Damages
Kyle W. Holmes, Michael D. Worthing; Borton Petrini, LLP;
Legal Alert/Article
December 11, 2013, previously published on Fall 2013
Adding to the few published opinions interpreting the California Right to Repair Act (Civil Code § 895 et seq., also known as SB 800), the Fourth District Court of Appeal in Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC, (2013) 219 Cal.App.4th 98 held that the Act is not the...

 

HTMLCalifornia Supreme Court De-Publishes Court Of Appeal Case Which Twisted Insurance Defense Counsel's Ethical Duties
Matthew J. Trostler; Borton Petrini, LLP;
Legal Alert/Article
November 1, 2013, previously published on Fall 2013
In June, the Court of Appeal decided the case of Schaefer v Elder which disrupted more than 20 years of precedent regarding the ethical duties of defense counsel appointed by insurers to represent their insureds. In the Schaefer case, Schaefer sued Elder for a variety of claims arising out of a...

 

HTMLEmployees to Exhaust All Administrative Remedies Before Filing Suit
Jonathan P. Geen; Borton Petrini, LLP;
Legal Alert/Article
October 23, 2013, previously published on Fall 2013
On August 27, 2013, the Court of Appeal for the Third District issued a very favorable decision for employers with regard to exhaustion of administrative remedies. In MacDonald v. State of California (2013) 219 Cal. App. 4th 67, the Third District affirmed the trial court's sustaining of a demurrer...

 


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