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




Key Decisions on the web in full text


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 for “Writing a ‘Winning’ Mediation Brief”
February 14, 2014

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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