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




Key Decisions on the web in full text


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 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

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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