By: Edmund G. Farrell, III The California Supreme court has issued its opinion in the long-awaited case of Elsner v. Uveges which examined the question of whether or not Cal-Osha violations are admissible in negligence actions against third parties. The court concluded that amendments to the Labor Code in 1999, permit such evidence in cases where […]
By: Friedrich W. Seitz and Tina D. Varjian On October 14, 2004, Murchison & Cumming hosted the first annual Fall Symposium entitled “Product Liability: Strategies For Success.” The following is an excerpt from the seminar handout materials. On June 3, 1986, California passed Proposition 51 which is also known as The Fair Responsibility Act of 1986 and […]
On October 14, 2004, Murchison & Cumming hosted the first annual Fall Symposium entitled “Product Liability: Strategies For Success.” The following is an excerpt from the seminar handout materials. I. Reporting Requirements Under The TREAD Act On November 1, 2000, Congress enacted the TREAD (Transportation Recall Enhancement, Accountability, and Documentation Act) Act, codified at 49 […]
By: Michael J. Nunez Changes to the 1938 Fair Labor Standards Act, referred to by the Labor Department as the “FairPay” rules, went into effect on August 23, 2004. The law comes after decades of lobbying by business groups facing major lawsuits about overtime. Among those are: Wal-Mart, Starbucks, Radio Shack, Rite Aid and Bank of […]
By: Dan L. Longo Although the California Legislature formally recognized the increased susceptibility of the elderly and dependent adults to be abused or neglected more than 20 years ago, the Welfare and Institutions Code Section 15600, et seq, was not fully utilized by the plaintiff’s bar until the late 1990’s. The initial increase in cases filed […]
By: Edmund G. Farrell, III Pursuant to Code of Civil Procedure section 337.15, all actions for latent defects in construction must be brought within ten years after substantial completion of the project. Courts of Appeal in California have split over whether the ten-year period is tolled while defendants’ promises to repair the subject defects are pending. On […]
By: Daniel G. Pezold Changes to the Code Civil Procedure’s requirements affecting Motions for Summary Judgment and Summary Adjudication took effect on January 1, 2003. Those changes, which include a new “110 Day Barrier” on filing and serving dispositive motions, have a direct impact on the defense of a complaint. Previously, C.C.P. Section 437c(a) required that a notice […]
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B. Casey Yim obtained a defense arbitration award in favor of his attorney client, the respondent in a legal malpractice case. The arbitrator also entered a monetary award in favor of the attorney for costs, in accordance with the arbitration agreement, in the amount of $10,000. The award was appealed by the plaintiff to the Superior […]
James S. Williams successfully argued an appeal on behalf of a homeowners association (HOA), its management company, as well as past and current HOA Board members. A homeowner had sued, claiming that an election enacting amended covenants, conditions, and restrictions (CC&Rs) was invalid, that the CC&Rs were amended for improper purposes and that the amended […]
Todd A. Chamberlain won a significant Motion for Summary Judgment on behalf of Markel International in the Alameda Superior Court before Judge Richard Keller. The case was brought by California Capital Insurance (“CCI”) against Markel International, Citation Insurance and their mutual insured, Roosevelt Owyang and Lumianda, LLC. The insured owned a number of apartments in Oakland […]
Gina E. Och and Corine Zygelman obtained summary judgment on behalf of their client, a distributor of motion picture cameras, digital intermediate systems, and lighting equipment. The plaintiff sued his employer, the defendant, for negligence and products liability, claiming to have sustained injury while moving a scanner, manufactured by a parent company of the defendant, down a city […]
In A Case of First Impression In Nevada , General Contractor Found To Not Be An Additional Insured in CD Action Where Endorsement Was Limited To “Ongoing Operations” – ISO Form CG 2010 10/93 The Clark County District Court granted summary judgment on a cross-complaint for contribution, arising out of an underlying construction defect action, defended by […]
After six Amended Complaints, a trip to the Court of Appeals and a Phase I Declaratory Relief trial, summary judgment was granted in favor of the firm’s excess insurer client by the Orange County Superior Court on the threshold of the start of the Phase II trial. This matter involved an underlying multi-million dollar claim […]
Plaintiff Cintas Corporation was unable to articulate the basis of its product liability claims in a suit successfully handled by Robert M. Scherk. The plaintiff purchased a chemical dispensing system, which distributes and blends chemicals into up to twelve different machines at once, built by M&C client Automatic Control Systems, Inc. The machine was originally purchased […]
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Murchison & Cumming Welcomes New Associate Partner to San Francisco Office
/in Announcements, Press ReleasesMurchison & Cumming is pleased to announce that Joseph A. Whitecavage has joined the firm as an Associate Partner in the San Francisco office. With more than 25 years of experience, Mr. Whitecavage has defense experience that includes insurance, products liability, vehicle warranty, and complex antitrust litigation. He understands that litigation can be a very stressful experience […]
M&C Partners Gruppie and Trinh to Participate in Nation’s Largest Trial Lawyer Conference
/in Announcements, Press ReleasesSenior Partner Guy R. Gruppie and Partner Mary C. Trinh are scheduled to participate at the 37th Annual Consumer Attorneys Association of Los Angeles meeting at the Wynn Las Vegas August 30-September 1. The event is by far the nation’s largest annual trial lawyer/litigation conference. Mr. Gruppie will present the defense perspective in “Medicine for Lawyers,” a Continuing Legal […]
Murchison & Cumming Welcomes New Senior Associate to Los Angeles
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that Celim E. Huezo has joined the Los Angeles office of Murchison & Cumming, LLP. With nearly 15 years of experience, Mr. Huezo understands the nuances of his clients’ cases and ensures they are an active part of the litigation process. Mr. Huezo prides himself on being a calming […]
Murchison & Cumming Attorney Kelsey Maxwell Named to Southern California Rising Stars List
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that Associate Kelsey L. Maxwell has been selected to the 2019 Southern California Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of the lawyers in Southern California. Ms. Maxwell focuses her practice on the areas of general liability, and specialty tort including habitability […]
Seven from Murchison & Cumming Named Top Lawyers by San Diego Magazine
/in Announcements, Press ReleasesSan Diego Magazine View Link Murchison & Cumming, LLP is pleased to announce that seven of its attorneys have been recognized as 2019 Top Lawyers by San Diego Magazine. Congratulations to Senior Partner Kenneth H. Moreno, Partners Matthew H. Printz and Jefferson S. Smith, Associate Partners J. Lynn Feldner and Robert M. Scherk, and Of Counsel David M. Hall and Joseph Fox. To compile the list of top […]
Murchison & Cumming Elevates Gina Bazaz to Senior Partner
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that Gina Bazaz has been named a Senior Partner. With a reputation for “thinking outside the box” in finding creative ways to resolve disputes, Ms. Bazaz has built long-standing relationships with clients in addition to gaining the respect of judges and mediators alike. She has successfully litigated a multitude […]
Two from Murchison & Cumming Honored as Southern California Super Lawyers
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce two attorneys from the firm’s Los Angeles and Orange County offices have been recognized in the 2019 Southern California Super Lawyers Edition. With a combined 60 years of legal experience, this year’s honorees are Managing Partner Dan L. Longo, Senior Partner Guy R. Gruppie. Mr. Longo was recognized for […]