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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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A Food Truck Was Mobile Equipment And Not An Auto
 
American States Insurance Company v. Travelers Property Casualty Company of America
(Cal. Ct. of App., 2d Dist.), filed August 27, 2014









 


Collateral Estoppel Did Not Apply
 
Transport Insurance Company v. Superior Court
(Cal. Ct. of App., 2d Dist.), filed January 13, 2014









Workers Compensation Laws Applied To A Worker’s Injury
 
Gonzalez v. Seal Methods, Inc.
(Cal. Ct. of App., 2d Dist.), filed January 24, 2014









 


A Judicial Council Form Was Unnecessary
 
In Re Marriage of Linda and Norman Sharples
(Cal. Ct. of App., 4th Dist.), filed January 22, 2014







 

 

READ ALL THE CASES:

Key Decisions on the web in full text
 







OTHER CASES OF INTEREST:

FAIR Plan Paid All Benefits Owed


St. Cyr v. California FAIR Plan Association
(Cal. Ct. of App., 2d Dist.), filed January 31, 2014

 

 




Wrongful Termination Instructions Were Wrong


Mendoza v. Western Medical Center Santa Ana
(Cal. Ct. of App., 4th Dist.), filed January 14, 2014



 

 



 

A Wage Claim Could Not Be Stated


Hawkins v. TACA International Airlines, S.A.
(Cal. Ct. of App., 2d Dist.), filed January 27, 2014

 

 




Employees Were Not Entitled To Overtime


Vranish v. Exxon Mobil Corporation
(Cal. Ct. of App., 2d Dist.), filed January 22, 2014



 

 



 

Because Of The Public Interest Exception, A Lawsuit Was Not Subject To An Anti-SLAPP Motion


Tourgeman v. Nelson & Kennard
(Cal. Ct. of App., 4th Dist.), filed January 16, 2014

 

 




There Is No Duty Owed To A Child Before Conception


Elsheref v. Applied Materials, Inc.
(Cal. Ct. of App., 6th Dist.), filed January 27, 2014



 

 



 

The Court Can Allow More Than 14 Hours For A Deposition


Certainteed Corporation v. Superior Court
(Cal. Ct. of App., 2d Dist.), filed January 8, 2014

 

 




Factually Devoid Discovery Responses Did Not Support A Summary Judgment


Ahn v. Kumho Tires, U.S.A., Inc
(Cal. Ct. of App., 4th Dist.), filed January 22, 2014



 

 



 

Requests Should Have Not Been Deemed Admitted


St. Mary v. Superior Court
(Cal. Ct. of App., 6th Dist.), filed January 31, 2014

 

 




Terminating Sanctions Were Upheld


Los Defensores, Inc. v. Gomez
(Cal. Ct. of App., 2d Dist.), filed January 24, 2014



 

 



 

Modern Summary Judgment Practice Can Be Problematic


Cheal v. El Camino Hospital
(Cal. Ct. of App., 6th Dist.), filed January 31, 2014

 

 




An Illegal Alien Can Be A Lawyer


In re Sergio Garcia on Admission
(Cal. Sup. Ct.), filed January 2, 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


Principal Lance LaBelle in "The Rights and Responsibilities Under Cumis (Civil Code Sec.2860)"
March 28, 2014
Orange County Bar Association





In The News


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


Principal Lance LaBelle ‘Tickles the Ivories’ in Musical Mediation Presentation for O.C. Bar Association
December 30, 2013


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


Only Special Damages Were Recoverable
Kalpoe v. Superior Court
(Cal. Ct. of App., 2d Dist.), filed December 17, 2013




The Sophisticated User Doctrine Requires Awareness Of The Particular Risk That Caused Injury
Buckner v. Milwaukee Electric Tool Corporation
(Cal. Ct. of App., 5th Dist.), filed December 20, 2013
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