Life After McMillin: Do Negligence and Strict Liability Causes of Action for Construction Defects Still Exist?
The ruling is in but the battle will likely continue over the practical application of SB 800. On January 18, 2018 the California Supreme Court issued its decision in McMillin Albany LLC v. Superior Court, (2018) 4 Cal.5th 241, holding that the statutory prelitigation scheme in The Right to Repair Act (“the Act”) that providesRead More
In July 2019, the California Supreme Court ruled that an attorney’s signature under the often-used phrase “approved as to form and content” does not preclude a finding that the attorney could be bound to the terms of a settlement agreement. (Monster Energy Co. v. Schechter (2019) 7 Cal.5th 781.) This decision marks a reversal ofRead More
Deliberate Actions of Employees Do Not Bar General Liability Coverage for Employer’s Liability for Negligent Hiring, Retention, and Supervision. In June 2018, the California Supreme Court, in response to a certified question from the Ninth Circuit, held that deliberate acts of an employee do not bar coverage under general liability policies for an employer’s liabilityRead More