Kabateck LLP presents Civil Action with California trial lawyers Brian and Shant. Join us as hosts Brian Kabateck and Shant Karnikian analyze legal issues and developments in California law affecting plaintiff lawyers and their practices. The show presents a summary of recent appellate decisions affecting all area of plaintiff-side civil litigation, from personal injury to employment, from landmark cases to changes in procedure. This weekly series keeps you informed on a variety of hot legal topics from throughout the state. This is Civil Action.
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
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
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.
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
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
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
I've been loving the podcast! You guys are so informative, and the banter between you two is the best. Can't wait each Thursday for the new ep; you guys rock!