Issue: When a broker acts as a dual agent, representing both buyer and seller in a real property transaction – does the salesperson acting under the broker have the same fiduciary duty to buyer and seller as the broker? Case: Horiike v. Coldwell Banker Residential Brokerage Company, et al. (2014) 225 Cal.App.4th 427. Facts: Here, [...]
In the wrongful death case of Annocki v. Peterson Enterprises, LLC, (2014) 232 Cal.App.4th 32, a patron of Geoffrey’s restaurant in Malibu, California, encountered the center divider on Pacific Coast Highway when he attempted to make a left turn out of the restaurant’s duty free parking lot. While in the process of reversing to the [...]
THE PRIVETTE DOCTRINE - THE LIABILITY OF OWNERS AND GENERAL CONTRACTORS FOR CONSTRUCTION SITE ACCIDENTS Introduction For over 20 years, the “Privette Doctrine” has governed the extent of liability for general contractors and property owners. The doctrine deals with work site injuries suffered by a subcontractor’s employees. In Privette v. Superior Court (1993) 5 Cal. 4th [...]
The phrase “Keep your hands to yourself” might easily pass as a parental guidance. What most people fail to know is that it has far-reaching implications from a legal perspective. At times, a person might do something that adversely impacts others. If such a person creates a dangerous condition near a public space, may the [...]
Often, without second thought, you hurriedly show clients documents, notes or reports to refresh their recollection prior to a deposition. Sometimes a variety of case documents are mailed or emailed to the deponent for review. This is done with the expectation that the information is unquestionably protected from production by the attorney work product doctrine. [...]
Holding In a closely followed housing discrimination case, Texas Department of Housing and Community Affairs et al. v. Inclusive Communities Project, Inc. et al., (U.S. June 25, 2015), the United States Supreme Court (highest court in the land) held that FHA (Fair Housing Act) claims based on disparate impact are cognizable (susceptible to the jurisdiction [...]