Civil Action with Brian & Shant

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August 11, 2020  

58. Civil Procedure Cases Pt. 4

Brian and Shant discuss Defense Preclusion, Tolling of Legal Malpractice SOL, Cost of Proof on a Prevailing RFA, and Juror Contact.


Lucky Brands v Marcel Fashion (2nd Ct. of Appeals)

A Defense Not Previously Raised is Precluded from Future Assertion


Nguyen v Ford (6th DCA)

In a Legal Malpractice Case, Tolling Only Applies to a Specific Subject Matter in the Particular Matter at Issue


Universal Home Improvement Inc. v. Robertson (1st DCA)

Recovery of Attorney Fees When Failing to Admit an RFA


DeHoyos v Superior Court (4th DCA)

Communication with Jurors Governed by the CCP, Not by a Universal Code of Criminal Procedure


August 4, 2020  

57. Insurance Cases Pt. 2

Brian and Shant discuss Insurance Cases the Duties of the Insureds, the Genuine Dispute Doctrine, Forum Selection Clause in an Insurance Contract, and Vertical versus Horizontal Exhaustion in Insurance Policies.


Mosley v. Pac Specialty

Farming Operation Exclusion Precluding Recovery for Fire Destroying the Property


501 E 51st Street v Kookmin Best Ins.

Captive Experts and the Genuine Dispute Doctrine


Lewis v. Liberty Mutual (9th Circuit)

A Change in Policy, Insurance Code 678.1(d), and Forum Non-Conveniens


Montrose Chemical v. S.C. (Cal. Sup. Ct.)

Elective Stacking—Multiple Primary Policies Used to Exhaustion Allows Access to Others Stacked Above

July 28, 2020  

56. Vandalism & Civil Unrest

Brian and Shant discuss vandalism and civil unrest with Michael Childress, Of Counsel at Kabateck LLP. 


Large and small business from around the country took a hit in the wake of protests related to the death of George Floyd and the Black Lives Matter movement. Brian, Shant, and Michael discuss how these events have impacted property insurance policyholders, the damage that ensued, and how to better understand the claims process.

July 21, 2020  

55. Personal Injury Cases Pt. 2

Brian and Shant discuss Personal Injury Cases that involve the Standard on Summary Judgment and a Continuance when Discovery is Outstanding; Joint and Several Liability Principles; a Primer on 998 Offers; and the Recovery of Emotional Distress Damages in a Breach of Contract Dispute.


Insalaco v Hope Lutheran Church (1st DCA)

MSJ Standards and a Continuance when Discovery is Outstanding


Shuler v Capital Agricultural (2nd DCA)

A Reduction in Damages Subject to Joint and Several Liability


Anthony v Li (1st DCA)

A Foreign National Insured by a Rental Car Policy and What Party Should Respond to the 998


Robertson v Saadat (2nd DCA)

Recovery of Emotional Distress Damages in a Breach of Contract Dispute

July 14, 2020  

54. Attorney Fees Cases

Brian and Shant discuss Attorney Fees in Lemon Law Litigation; a Civil Rights Matter; an Elder Abuse Case; and in Class Actions.


Mikhaeilpoor v BMW of North America (2nd DCA)

Under Song-Beverly Attorney Fees are Mandatory for Prevailing Plaintiff Attorney


Vargas v Howell (9th Circuit)

A Civil Rights Matter Involving a Minor and An Unfavorable Ruling for Attorney Fees


Arace v Medico Investments (4th DCA)

An Elder Abuse Statute Requiring Mandatory Attorney Fees


In Re Optical Disk Drive Products (9th Circuit)

Fee Application Including a Handful of Attorney Teams with a Sealed Bid Containing a Cap on Fees

July 8, 2020  

53. Arbitration Cases

Brian and Shant discuss Unconscionability and the Unenforceability of Arbitration Agreements; the Inability to Arbitrate PAGA Claims; and Reviewing Arbitration Awards—Vacatur of Award


Dougherty v. Roseville Heritage (5th DCA)

Substantive Unconscionability and a Provision Limiting Elder Abuse Remedies in An Elder Abuse Case


Dennison v. Rosland Capital (2nd DCA)

How Lack of Mutuality is Unconscionable


Brooks v. AmeriHome Mortgage (6th DCA)

The Inability to Arbitrate PAGA Claims


VVA-Two LLC v. Impact Development Group (2nd DCA)

Reviewing Arbitration Awards and Vacatur

June 29, 2020  

52. Insurance Fear Mongering w/ Michael Childress

Brian, Shant, and their colleague Michael Childress discuss how insurance companies instill fear in the public in order to suppress a collective voice.  Misinformation, intimidation, and claim denials have become the fundamental recipe for the multi-billion dollar industry.  The team discusses these problems and discuss how the shift from service sector to profit center occurred.

June 24, 2020  

51. Consumer Protection Cases Pt. 2

In Re Facebook Inc Internet Tracking (9th Circuit)

Facebook and Whether Their Tracking of Users Violates Various CA Privacy Statutes

Reynolds v Ford Motor Co (1st DCA)

Lemon Law Claims and the Proper Measure of Fees

Waller v FCA US LLC (2nd DCA)

Admissibility of An Expert’s Opinion

Luna v. Hansen (9th Circuit)

The Fair Credit Reporting Act and the Disclosure Requirements

June 22, 2020  

50. Civil Procedure Cases Pt. 3

Nationwide Biweekly v. Superior Court (CA Sup. Ct.)

The UCL and False Advertising—whether parties are entitled to a jury trial in a UCL case.

Calucci v. T-Mobile (4th DCA)

Punitive Damages—a good primer on punitive damages.

LN Management LLC v. JP Morgan (9th Circuit)

Whether Dead People Can Be Sued—spoiler alert. . .they can’t.

June 17, 2020  

49. Insurance Cases

Walker v Life Insurance Co. of the Southwest (USDC Central)

A UCL Violation—pre-application illustrations in a life insurance policy.

Textron, Inc. v. Travelers Casualty and Surety Co. (6th DCA)

Choice of Law Rulings in Insurance Cases—whether it applies as Collateral Estoppel in a subsequent coverage action.

KLA Tencor Corp. v Travelers (2nd DCA)

The Duty to Defend a Malicious Prosecution Case—but does it arise out of an abuse of process claim?

Pacific Pioneer Insurance Co. v Superior Court (4th DCA)

An Insurers’ Appeal of a Default in Small Claims Court—the applicability of a De Novo appeal in a small claims judgment.

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