By: Gina E. Och On July 28, 2011, the appellate court issued an opinion of great interest to foreign and out-of-state parties and witnesses. In an unanimous decision in Toyota Motor Corp. v. Superior Court (Stewart), 2011 DAR 11254, Second District, the court held that a trial court cannot order a non-resident to appear at a California deposition. […]
By: Gina E. Och For those of you who attended Murchison & Cumming, LLP’s Year in Review last week, and heard California Courts of Appeal Justice Paul Turner’s discussion about the questionable vitality of California’s rule against class action arbitration clauses in consumer contracts—the United States Supreme Court decision is finally here. On April 27, 2011, […]
On February 24, 2011, in the most recent appellate case, Cabrera v. E. Rojas Properties, Inc. (Second Dist., Case No. B216445), the Court of Appeal followed the holdings in Hanif v. Housing Authority, 200 Cal.App.3d 635 (1988) and Nishihama v. City and County of San Francisco, 93 Cal.App.4th 298 (2001). The issue decided by the Cabrera court was whether the collateral […]
By: Lisa D. Angelo Currently pending before the California Supreme Court is Rebecca Howell v. Hamilton Meats & Provisions, Inc. In Howell, a private insurance covered plaintiff was injured by the negligent driving of an employee of the defendant, Hamilton Meats & Provisions, Inc. Ultimately, a jury awarded plaintiff Howell compensatory damages in the total amount of $689,978.63, which […]
By: Edmund G. Farrell, III On September 30, 2010, Governor Schwarzenegger signed into law what is perhaps the biggest change in California civil procedure in many years. The Expedited Jury Trials Act (AB 2284) was developed over 18 months by a wide-ranging Judicial Council group that included advocates who otherwise agree on little. It is modeled […]
Tucked into the “health care reform bill” passed earlier this year, was an amendment to the Fair Labor Standards Act (“FLSA”), requiring employers to provide nursing mothers with adequate time to express breast milk. In July, the U.S. Department of Labor (“DOL”) issued Fact Sheet #73 to provide guidance to employers. California employers have had […]
By: Michael J. Nunez Hiring only female prison guards for women’s facility violated Title VII, where sexual abuse by male prison guards could be handled with nondiscriminatory methods. Breiner v. Nev. Dep’t of Corrections, ___ F.3d ___, 2010 WL 2681730 (9th Cir. 2010) Male prison guards filed suit against the Nevada Department of Corrections (NDOC) to […]
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The Los Angeles Superior Court returned a defense verdict in a personal injury case handled by Benjamin H. Seal, II. Plaintiff Mose Hart, III sued defendant Kevin Kissinger and his employer, alleging that Mr. Kissinger was negligent in the operation of his vehicle, an 18-wheeler truck. On July 7, 2009, Mr. Hart was driving on Artesia […]
The San Diego Superior Court granted summary judgment in a lemon law case handled by Robert M. Scherk and Scott J. Loeding. The case involved an Arctic Cat all-terrain vehicle sold by Sette Sports Center, Inc. Mr. Scherk and Mr. Loeding represented both Arctic Cat, Inc. and Sette. Plaintiff Kevin Schaefer filed suit in San Diego Superior […]
The Los Angeles Superior Court granted summary judgment to an insurer in a breach of contract and bad faith case handled by Nancy N. Potter. The plaintiffs, apartment owners, sued the insurer after their 100 year-old Los Angeles apartment building suffered a major sewage leak. The insurer retained a mechanical engineer who inspected the pipe and […]
William T. DelHagen, Paul R. Flaherty and Adrian J. Barrio successfully represented the City of Moreno Valley and one of its employees, Mosallam Almasri, in a personal injury action brought by the employee of independent contractor Riverside Construction Company. The city hired Riverside to perform storm drain improvements and street lane widening. The plaintiff, the superintendent of construction for […]
On June 12, 2012, Los Angeles Superior Court Judge David L. Minning granted the defendants’ summary judgment in a breach of contract and general negligence case handled by Dan L. Longo and Lisa D. Angelo. The case arose from the purchase of several insurance policies for coverage concerning a new construction project located in Los Angeles, California. In […]
Michael J. Nunez represented Nevada Direct Insurance Company in a suit brought by a claimant after she was involved in an automobile accident with one of Nevada Direct’s insureds. After a two day bench trial, the District Court found for the defense on all counts. Following the accident, the claimant had engaged in pre-suit negotiations with […]
Gregory A. Sargenti successfully represented defendants Hands Together and the National Pediatric Support Services in an Orange County Superior Court personal injury case. Plaintiff Rocio Marquez sued the two defendants following an August 12, 2008 accident that occurred at a preschool on property operated by National Pediatric Support Services under its contract with Hands Together. The […]
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Three from Murchison & Cumming Recognized as Southern California Rising Stars
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that Partners Kelsey Maxwell, Georgiana Nikias, and Joshua Praw have been selected to the 2023 Southern California Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of the lawyers in Southern California. Kelsey L. Maxwell focuses her practice on the areas of general […]
Murchison & Cumming Welcomes Associate to San Diego Office
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Christopher A. Brown has joined the San Diego office as an Associate. He has a wide range of experience representing clients in civil litigation matters, including employment law, personal injury, products liability, construction, and transportation. Christopher obtained his bachelor’s degree in English Literature at Simon Fraser University in Vancouver, […]
Murchison & Cumming Welcomes Associate to San Diego Office
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Madison Moreno has joined the San Diego office as an Associate. She obtained her B.A. in Communication with minors in Diversity and Law, Societies, and Justice at the University of Washington. During her first year of college, Madison took a class on miscarriages of justice and wrongful […]
Murchison & Cumming Welcomes Of Counsel to Los Angeles Office
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Mark Schenkman has joined the Los Angeles office as Of Counsel. He brings more than 35 years of experience as a trial attorney, handling all aspects and types of personal injury litigation. Mark obtained his bachelor’s degree in political science from the University of California, Los Angeles […]
Murchison & Cumming Names Three New Partners and an Associate Partner
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that James Kahn, Todd Lezon, Georgiana Nikias have been elevated to Partner and Jeffrey Fishkin has been elevated to Associate Partner. James N. Kahn is based in the Los Angeles office of focusing his practice on general liability, product defect and premises liability defense. He is experienced in […]
Five M&C Attorneys Named 2023 Southern California Super Lawyers
/in Announcements, Press ReleasesSenior Partners Friedrich W. Seitz, Guy R. Gruppie, Jean A. Dalmore, and Partners James O. Eiler and Gina Och have been recognized as 2023 Southern California Super Lawyer honorees in the annual vote of peers and area judiciary conducted by Thomson Reuters. Mr. Seitz specializes in domestic and international product liability, aviation, catastrophic injuries and business litigation and is a […]
Murchison & Cumming Welcomes Associate to Los Angeles Office
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Tarik J. Shoukeh has joined the Los Angeles office as an Associate focusing his practice on general liability matters. Tarik received his Bachelor’s degree in Political Science with a minor in Theological Studies from Loyola Marymount University before earning his law degree from the University of San Diego School […]