New CA Bad Faith Opinion – Howard v. American National
See the attached PDF for the published decision. View as PDF
News
CA Law re Gay Marriage Found Unconstitutional
/in ArticlesSee 136 page decision in attached PDF. View as PDF
New California Supreme Court Decision: Minkler v. Safeco
/in ArticlesIn a new decision by the California Supreme Court, Minkler v. Safeco, wherein contrary to established California law on the application of policy exclusions referring to “an” or “any” insured as opposed to “the” insured, which the court acknowledged, the court decided that the distinction should not apply in this matter involving an intentional acts exclusion due to the separation […]
Clash of the Courts: Are Witness Statements Privileged Information?
/in ArticlesBy: Lisa D. Angelo Daily Journal, Perspective Section For the first time in 14 years, one of California’s six appellate districts has challenged the frequently cited [Nacht & Lewis Architects, Inc. v. McCormick], 47 Cal. App. 4th 214 (1996) ruling, and urged the Supreme Court to “weigh in” on the issue. The [Coito] case revisits the […]
Insurers Can Be Sued Under CA B&P 17200
/in ArticlesOn October 29, 2009, the California Court of Appeal for the 4th Appellate District (serving Orange County and San Diego) decided the case of Zhang v. Superior Court. Generally speaking, the case holds that insurers can be sued under California Business & Professions Code § 17200, the California Statute which prohibits “unfair business practices” and […]
As a Matter of FACTA: Your Next Customer May Take You to the Cleaners
/in ArticlesBy: Gina E. Och USLAW Magazine Merchants beware. This statement may strike an unfamiliar chord, but with the passage of the Fair and Accurate Credit Transaction Act, 15 U.S.C. § 1681 et seq. (FACTA) in 2003, a single receipt for $1 can expose a merchant to anywhere from $100 to $1000 in statutory damages without proof […]
California’s Application of Strict Products Liability to the Hybrid Enterprise
/in ArticlesBy: Friedrich W. Seitz IADC Committee Newsletter In a recently published opinion of the California Court of Appeals, Ontiveros v. 24 Hour Fitness USA, Inc., 169 Cal.App.4th 424 (2008), the court reiterated and further clarified the application of strict products liability to “hybrid enterprises”; those enterprises that provide both products and services. Extension of the Strict […]
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Court Grants Motion to Dismiss Chipotle Restaurant in Personal Injury Case
/in ResultsWilliam D. Naeve and Terry L. Kesinger successfully defended a Chipotle Mexican Grill restaurant in a serious bodily injury claim originally filed in a California state court. Although the complaint did not itself allege the dollar amount of damages the plaintiff sought to recover from the defendant, Mr. Naeve nevertheless removed the case to Federal Court […]
Court Finds in Favor of Manufacturer in Insurance Case
/in ResultsThe Orange County Superior Court found in favor of Murchison & Cumming’s client, an appliance manufacturer, in an insurance litigation case. Friedrich W. Seitz and Todd A. Chamberlain represented the defendant. The client was sued by an insurance company for declaratory relief and breach of contract. In 2007, the insurance company and the manufacturer entered into a settlement and […]
LASC Grants Summary Judgment to Insurance Broker in Malpractice Case
/in ResultsThe Los Angeles Superior Court granted summary judgment in favor of Murchison & Cumming’s insurance broker client. Jean M. Lawler, Nancy N. Potter and Daniel G. Pezold represented the defendant. An attorney and his wife contracted with a construction company to perform a major demolition and remodeling on their San Marino home. Immediately after the demolition, the City of […]
Court Grants Intervention and Motion to Set Aside Default in General Liability Case
/in ResultsIn December 2011, Judge Rita Miller of the Los Angeles Superior Court granted defense Motions to Intervene on behalf of a suspended corporation and set aside the default that had been entered against the suspended corporation. Gina Bazaz represented the suspended corporation’s insurance company and Lisa D. Angelo prepared and argued the motions. Several years ago, the plaintiff filed […]
Summary Judgment Granted in Personal Injury Case
/in ResultsIn December 2011, Judge Lefkowitz of the Los Angeles Superior Court granted summary judgment in favor of all defendants and against the plaintiff. Corine Zygelman represented the defendants and Lisa D. Angelo prepared and argued the motion. The case arose from an automobile accident between the plaintiff and a clothing company’s employee who was running an errand for work […]
Summary Judgment Granted in Insurance and Marine Law Matter
/in ResultsThe Orange County Superior Court granted summary judgment in an insurance breach of contract and bad faith matter argued by Carolyn A. Mathews. In 2007, the plaintiff purchased a 1958 classic Chris Craft wood hulled boat. In 2007 and 2008, he invested in repairs of the boat’s bottom planks, interior and engine. In November of 2009, […]
Wrongful Death Case Resolved for Waiver of Costs
/in ResultsTim M. Agajanian and German A. Marcucci resolved a wrongful death case for a waiver of costs. When the plaintiff’s husband experienced medical problems while at home, the plaintiff thrice unsuccessfully attempted to activate their home alarm system to obtain medical assistance. The plaintiff then called 911 and was instructed by the operator. Emergency response […]
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Murchison & Cumming Welcomes Partner to Northern California Office
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Laura J. Loeck has joined the Northern California office as a Partner. She has extensive experience in general liability matters, including wrongful death, premises liability, construction and design defect, fire loss, bodily injury, and landlord-tenant disputes. Laura has represented business entities, public entities, individuals, developers, contractors, homeowner associations, and […]
Murchison & Cumming, LLP Named to U.S. News – Best Lawyers “Best Law Firms” 2023 List
/in Announcements, Press ReleasesMurchison & Cumming has received a Metropolitan Tier 2 ranking in Los Angeles for Appellate Practice and Litigation – Insurance, San Diego for Personal Injury Litigation – Defendants, and Las Vegas for Commercial Litigation and a National Tier 3 ranking for our Appellate Practice in the U.S. News – Best Lawyers® “Best Law Firms” list […]
Seven Murchison & Cumming Lawyers Recognized by 2023 Editions of The Best Lawyers in America and The Best Lawyers: Ones to Watch in America
/in Announcements, Press ReleasesMichael Nuñez , Anton Handal, William Snyder, Bryan Ure, and Tyler Ure have been recognized by The Best Lawyers in America 2023. Joshua Praw and Georgiana Nikias have been recognized by Best Lawyers: Ones to Watch. Michael J. Nuñez is a Senior Partner and the Partner-in-Charge of M&C’s Las Vegas office and is a member […]
Murchison & Cumming Welcomes Of Counsel to Northern California Office
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Marisa L. D’Amico has joined the Northern California office as Of Counsel, focusing her practice on premises liability, professional liability and construction defect. She has more than 20 years of experience handling all aspects of litigation in products and premises liability, as well as construction and homeowner’s […]
Murchison & Cumming Welcomes Of Counsel to Los Angeles Office
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Amelia Sedano McDonald has joined the Los Angeles office Of Counsel focusing her practice on transportation, utility, land use and permitting, and cannabis matters. She has more than 20 years of experience in civil litigation and has also spent the last 10 years cultivating an urban farm […]
Four M&C Attorneys Named to Southern California Rising Stars List
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce that Partners Kelsey Maxwell, Joshua Praw, and Tina Vo and Associate Partner Georgiana Nikias have been selected to the 2022 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 is a […]
Murchison & Cumming Welcomes Of Counsel to Los Angeles Office
/in Announcements, Press ReleasesMurchison & Cumming, LLP is pleased to announce Bonni S. Mantovani has joined the Los Angeles office as Of Counsel. In her legal career, she has represented major banks, lenders and servicers in civil matters as well as in contested and adversarial bankruptcy litigation. Bonni graduated from Adelphi University in New York with a Bachelor […]