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.

WE ALWAYS LIKE TO HEAR WHAT YOU THINK. Send us feedback on our newsletter to

A 10 To 1 Punitive Damages Ratio is Constitutional
Nickerson v. Stonebridge Life Insurance Company
(Cal. Ct. of App., 2d Dist.), filed August 29, 2013

A Pollution Exclusion Reservation Of Rights Did Not Create A “Cumis” Conflict
Federal Insurance Company v. MBL, Inc.
(Cal. Ct. of App., 6th Dist.), filed August 26, 2013

The Particular Insurance Policy Provided Pro Rata Coverage
Progressive Choice Insurance Company v. California State Automobile Association Inter-insurance Bureau
(Cal. Ct. of App., 2d Dist.), filed August 13, 2013

Attorney’s Fees Were Properly Awarded In An Interpleader Lawsuit
Farmers New World Life Insurance Company v. Rees
(Cal. Ct. of App., 2d Dist.), filed August 30, 2013

A $176,900 Discovery Sanction Was Reasonable
Ellis v. Toshiba America Information Systems
(Cal. Ct. of App., 2d Dist.), filed August 7, 2013

A Tenant Could Sue For Fraud
Thrifty Payless, Inc. v. The Americana at Brand
(Cal. Ct. of App., 2d Dist.), filed July 19, 2013

Land Owners Obtained A Prescriptive Easement
King v. Wu
(Cal. Ct. of App., 2d Dist.), filed August 14, 2013

A Landlord Had The Right To Enter
Dromy v. Lukovsky
(Cal. Ct. of App., 2d Dist.), filed August 30, 2013

Loan Forgiveness May Not Satisfy A Judgment
Cunningham v. Magidow
(Cal. Ct. of App., 2d Dist.), filed August 30, 2013

Substantial Evidence Standard On Appeal Requires The Appellant To Discuss Both Favorable And Unfavorable Evidence
Rayii v. Gatica
(Cal. Ct. of App., 2d Dist.), filed July 24, 2013




Key Decisions on the web in full text


Right to Repair Act Does Not Bar Subro Claim

Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC
(Cal. Ct. of App., 4th Dist.), filed August 28, 2013

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

Daily Journal: Principal Dave Ezra on Appellate Review of Insurer-Appointed Defense Attorneys
August 1, 2013
Daily Journal

Celebration of the Life of Tony Shafton Event
September 9, 2013

Attorneys Teresa Ponder and Erin Mindoro Named to the List of Super Lawyers “Top Women Attorneys in Southern California

September 5, 2013
Los Angeles Magazine

Top Attorneys Features Managing Partner Craig Simon and Principal Dave Ezra
July 29, 2013
OC Register Metro Magazine

Managing Partner Craig Simon in Crown Fire Insurance Subrogation Case
July 18, 2013

Berger Kahn Recognized as One of “California’s Top Ranked Law Firms”
June 21, 2013
Wall Street Journal

Attorney Erin Mindoro Named to the List of 2013 Southern California “Rising Stars”
June 13, 2013

Southern California Super Lawyers

Our Community



Most Read Articles

Insurers Can Be Sued For Unfair Competition Under Business & Professions Code Section 17200
Zhang v. Superior Court
(Cal. Sup. Ct.), filed August 1, 2013

An Employer Could Be Liable For An Employee’s Drunk Driving
Purton v. Marriott International, Inc.
(Cal. Ct. of App., 4th Dist.), filed July 31, 2013

 This Berger Kahn communication is intended to inform our clients and friends of recent developments in the law and to provide information of general interest. It is not intended to contain legal advice. Use of and access to this email service do not create an attorney-client relationship between Berger Kahn and the recipient, reader, or user. Portions of this communication may contain attorney advertising and may be considered an advertisement for certain purposes. Please direct all inquiries regarding Rules of Professional Conduct to Craig Simon, Berger Kahn, 2 Park Plaza, Irvine, CA 92614 Phone:949-474-1880. © 2013 Berger Kahn ALC. All Rights Reserved.  

To stop receiving this Berger Kahn e-newsletter, please use the links in the footer below. 
Copyright 2013. Berger Kahn, A Law Corporation. All rights reserved.
About Berger Kahn
Berger Kahn is a multi-service, California-based law firm representing local, regional and national clients in a broad range of areas, including Appellate, Business Practices, Insurance, Labor and Employment, Litigation, Personal Injury and Real Estate.