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Berger Kahn's monthly e-publication 
The most important court decisions of the month
Welcome to Berger Kahn's monthly e-publication summarizing the most important California state and federal court decisions.

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An Insurance Broker Must Exercise A Duty Of Reasonable Care
 
Mark Tanner Construction, Inc. v. HUB International Insurance Services, Inc.
(Cal. Ct. of App., 3d Dist.), filed March 10, 2014








 


A Settlement Agreement Was Unenforceable When A Damages Provision Was Unreasonable
 
Purcell v. Schweitzer
(Cal. Ct. of App., 4th Dist.), filed February 24, 2014











Broker’s Statements Were Misleading But Not Actionable
 
Saffie v. Schmeling
(Cal. Ct. of App., 4th Dist.), filed March 7, 2014









 


An Employer’s Arbitration Clause Was Enforceable And Not Illusory
 
Casas v. CarMax Auto Superstores California LLC
(Cal. Ct. of App., 2d Dist.), filed February 26, 2014









 


An Adverse Judgment Is Not A Default For Purposes Of Section 473 Relief
 
Noceti v. Whorton
(Cal. Ct. of App., 3d Dist.), filed March 18, 2014











Motions In Limine Did Not Preserve Objections For Appeal
 
Brown v. American Bicycle Group, LLC
(Cal. Ct. of App., 4th Dist.), filed March 11, 2014











Records Request Was Not Burdensome
 
Weaver v. Superior Court
(Cal. Ct. of App., 4th Dist.), filed March 12, 2014







 

 

READ ALL THE CASES:

Key Decisions on the web in full text
 







OTHER CASES OF INTEREST:

An Engineering Firm Was Not Strictly Liable For Seatback Collapse


Romine v. Johnson Controls, Inc.
(Cal. Ct. of App., 2d Dist.), filed March 17, 2014

 

 




A Lender’s Predictions Were Not Actionable


Cansino v. Bank of America
(Cal. Ct. of App., 6th Dist.), filed March 26, 2014



 

 



 

A Contractual Limitation Period Was Unenforceable


Ellis v. U.S. Security Associates
(Cal. Ct. of App., 1st Dist.), filed March 20, 2014

 

 




Attorney’s Fees Were Not Recoverable


Soni v. Wellmike Enterprises Co., Ltd.
(Cal. Ct. of App., 2d Dist.), filed March 26, 2014



 

 


 

The Attorney-Client Privilege Applied


Seahaus La Jolla Owners Association v. Superior Court
(Cal. Ct. of App., 4th Dist.), filed March 12, 2014

 

 




A Plaintiff Could Not Voluntarily Dismiss To Avoid Dispositive Motion


Pielstick v. MidFirst Bank
(Cal. Ct. of App., 2d Dist.), filed March 26, 2014



 

 



 

A Judge Was Not Subject To Disqualification For Officiating Opposing Counsel’s Wedding


Wechsler v. Superior Court
(Cal. Ct. of App., 4th Dist.), filed March 4, 2014

 

 


 



 

Our Dedicated Key Decisions Team! 
 

Lance LaBelle
Orange County


David Ezra
Orange County


Ann Johnston
S. F. Bay Area


Roberta Winston
San Diego

 

 

Hear Us Speak


Managing Partner Craig Simon and Senior Paralegal Sue Muncey Speak on “Case Management Orders in Complex Litigation”
April 26, 2014
2014 Wildland Fire Litigation Conference
 

Principal Lance LaBelle in ‘Mediation as Music’ for the Orange County Bar Association
July 24, 2014
OCBA ADR Section Meeting





In The News


Kent Clayton Represents Satellite Communications Company In Sale of Ground Station Facility
April 11, 2014
 


Partner Rich Collins Quoted in "Newport Doctor Accused in Two...Overdose Deaths"
April 1, 2014
Orange County Register
 


Partner Steven Gentry Joins QDR Services Panel of Neutrals
March 20, 2014


Principal Dave Ezra Featured in Mediate.com for “Writing a ‘Winning’ Mediation Brief”
February 14, 2014
Mediate.com


Eight Berger Kahn Attorneys Named to the List of Super Lawyers With Top Honors in the Lists of “Southern California Top 100” and “Orange County Top 50”
January 17, 2014
Super Lawyers


Managing Partner Craig Simon Admitted to State Bar of Texas
January 17, 2014


Where’s Amato: Berger Kahn Partner Highlighted for Unique Travel in San Diego Lawyer Magazine
January 8, 2014
San Diego Lawyer Magazine


Doctor Takes Plea Deal – Three Families Represented by Berger Kahn Partner
December 27, 2013
Santa Barbara News Press


Partner Rich Collins Helps Patient Sue for Medical Malpractice in Opioid Overprescription Case in Santa Barbara
December 23, 2013
Courthouse News


Managing Partner Craig Simon Presents at 2013 National Association of Subrogration Professionals Annual Convention
November 4, 2013
NASP Daily News


Favorable Result by Principal Sherman Spitz Led to Recent Appeal Victory
October 2, 2013







Our Community
Most Read Articles


Documents Sought In Discovery Were Relevant
Dodd v. Cruz
(Cal. Ct. of App., 2d Dist.), filed February 5, 2014




Attorney’s Fees Were Properly Awarded In Meritless FEHA Action
Robert v. Stanford University
(Cal. Ct. of App., 6th Dist.), filed February 25, 2014
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