Los Angeles, CA
Appeals Lawyer at Los Angeles, CA
Practice Areas: Appeals, Litigation
OUTCOME: Affirmed
The Court of Appeal opinion confirmed that (1) a trial court can, and should, grant a partial nonsuit where an opening statement unequivocally conceded facts constituting an element of an affirmative d ... efense; and (2) a trial court can unilaterally approve a settlement agreement where the guardian ad litem refused to seek court approval of a validly accepted settlement.
OUTCOME: Affirmed
The Court of Appeal held that absent knowledge of dangerous activities occurring in their rental unit during a tenancy, landlords have no duty to inspect the unit for dangerous bombmaking activities.
OUTCOME: Affirmed
Rejecting the appellant’s so-called “metaphysical moment theory,” the Court of Appeal held that a water leak from a home’s plumbing system is not “sudden” where it continues constantly and gradually ov ... er a period of time, even if the first drip began at a single moment in time. Accordingly, a slow leak – even if commencing in a microscopically-measurable instant – is not covered by a first-party homeowners’ insurance policy providing water-damage coverage only where a leak is caused by a “sudden and accidental discharge” from a plumbing system.
OUTCOME: Affirmed
Made new law regarding the application of alter ego liability: The Court of Appeal held that (1) a judgment can be amended to add alter ego judgment debtors even where that alter ego prevailed on unrel ... ated claims in an underlying arbitration and (2) alter ego liability applies equally to trustees of a trust.
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