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  • Second Appellate District Follows Liberty Mutual Decision
    In Burch v. Superior Court , (February 19, 2014) California Court of Appeal, Second Appellate District, No. B248830, the Third Division of the Second Appellate District relied upon the Fourth Appellate District's decision in Liberty Mutual Insurance ...
    Posted By Walnut Creek Attorney
  • Court Enforces Builder's Alternative Pre-litigation Procedure
    The California Right to Repair Act allows a builder to provide an alternative pre-litigation procedure in lieu of the procedure set forth within the Act. A common component of current residential construction defect litigation is for the homeowner ...
    Posted By Walnut Creek Attorney
  • Second Appellate District Rules for Developer on Right to Repair Act Notice Argument
    Recently, builders have endured a recent string of critical appellate decisions which have eroded builders' rights under the California Right to Repair Act. Decisions such as Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC (2013) 219 Cal. ...
    Posted By Walnut Creek Attorney
  • Where is the Exit?
    Several years ago, Edward Entrepreneur started his business, Eddie's Exotics. Edward's motivation for starting the business was to do something he enjoyed and make a little money for him doing it. As the years went by, the business prospered and ...
    Posted By Valencia Attorney
  • Sophisticated Parties Can Contractually Shorten Statute of Limitations for Construction Defect Claims
    The accruing and running of a statute of limitations is a critical consideration for parties in construction litigation. When the parties seek to change the statutory statutes of limitation at the outset of a contract, a party must be cognizant of the ...
    Posted By Walnut Creek Attorney
  • Who's the Boss?
    The issue of whether a corporation is an employer of an employee alleging labor code violations is more complicated than it would seem. As more and more companies franchise their businesses, the question of whether the franchisee, the franchisor or both ...
    Posted By Valencia attorney