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California Supreme Court

Horvitz & Levy LLP appears more frequently in the California Supreme Court than any other private firm in California. Since 1990, we have participated in more than 90 cases before the California Supreme Court. During that time, in cases where we have appeared as counsel for either petitioner or respondent, our position has been accepted in whole or in part more than 70 percent of the time.

Summaries of California Supreme Court cases in which we have appeared are listed below:

  • Bouton v. USAA Insurance Casualty Insurance Co.; O'Hanesian v. State Farm Mutual Automobile Insurance Co. (June 9, 2008, S149847, S149851) ___ Cal.4th ___.

Holding in consolidated cases that (1) whether a person claiming underinsured motorist benefits is an insured under an insurance policy is a coverage question outside the scope of the arbitration mandate of Insurance Code section 11580.2, subdivision (f), and thus must be decided by the court, not by an arbitrator; and (2) whether an insured's default judgment against an underinsured motorist binds the underinsured motorist insurer is a question that falls within the scope of the statutory arbitration mandate and thus must be decided by an arbitrator, not by the court. We appeared as counsel of record on behalf of State Farm Mutual Automobile Insurance Company.

  • City of Hope Nat. Medical Center v. Genentech, Inc. (2008) 43 Cal.4th 375.

Affirming a $300 million compensatory damages award for breach of contract, but reversing $200 million punitive damages. The Court held that a fiduciary relationship did not necessarily arise when City of Hope, a nonprofit research hospital, entrusted a secret scientific discovery to Genentech to develop, patent, and commercially exploit. Because there was no fiduciary relationship, there was no basis for tort liability and thus no basis for imposing punitive damages. We appeared as counsel of record for City of Hope in the Court of Appeal and the California Supreme Court.

  • Johnson v. American Standard, Inc. (2008) 43 Cal.4th 56.

Unanimously adopting the "sophisticated user" doctrine in both negligent and strict liability failure to warn cases. The doctrine negates a manufacturer's duty to warn of a potential danger posed by a product where the plaintiff has, or should have had, advance knowledge of a product's inherent hazards. The Court held that the standard is an objective one: "whether the plaintiff knew, or should have known, of the particular risk of harm from the product giving rise to the injury."  We appeared as amicus curiae on behalf of the Chamber of Commerce of the United States of America, American Chemistry Council, American International Companies, Farmers Insurance Group of Companies, ExxonMobil, and Honeywell International, Inc.

  • Wilson v. 21st Century Insurance Co. (2007) 42 Cal.4th 713.

Holding that an insurer does not act in bad faith when it disputes the existence or amount of coverage based on a genuine legal or factual disagreement with its insured, and that an insurer may properly obtain summary judgment based on this "genuine dispute" doctrine when, under all the circumstances, there is no triable issue as to the reasonableness of the insurer's conduct. We appeared as counsel of record on behalf of 21st Century Insurance Company.

  • Beal Bank, SSB v. Arter & Hadden, LLP (2007) 42 Cal.4th 503.

Holding that, after an act of malpractice causes harm, the "continuous representation" rule (Code Civ. Proc., § 340.6) tolls the statute of limitations period only as to the attorney or firm that continues to work for the client, and not as to claims against a firm that previously but no longer works for the client in connection with the matter. We appeared as counsel of record on behalf of Arter & Hadden, LLP.

  • Prachasaisoradej v. Ralphs Grocery Company (2007) 42 Cal.4th 217.

Holding that a profit-based incentive employee bonus plan based on a profit figure that was reduced by a store's expenses, including the cost of workers compensation insurance and cash and merchandise losses, was valid under the California labor laws. We appeared as counsel of record on behalf of Ralphs Grocery Company.

  • Elkins v. Superior Court (2007) 41 Cal.4th 1337.

Holding that a Contra Costa County Superior Court local rule and trial scheduling order, which limited the form of testimony and the presentation of evidence in a family law proceeding, were invalid because they violated the hearsay rule. We appeared as counsel of record on behalf of the Contra Costa County Superior Court.

  • Sterling v. Taylor (2007) 40 Cal.4th 757.

Holding that purported buyer's unsigned handwritten note and his subsequent letter concerning negotiations for the sale of real property valued at between $14 and $17 million were "insufficient to show with reasonable certainty that the parties understood and agreed to the price alleged by the plaintiffs" because "[t]he price terms stated in the memorandum, considered together with the extrinsic evidence of the contemplated price, leave a degree of doubt that the statute of frauds does not tolerate." We appeared as counsel of record on behalf of Lawrence Taylor.

  • City of Marina v. Board of Trustees of the California State University (2006) 39 Cal.4th 341.

Holding that (1) as a way of meeting its obligations under the California Environmental Quality Act, California State University's voluntary contribution of a fair share of the cost of mitigating environmental impacts caused by construction of a new campus on the former Fort Ord military base does not constitute an assessment from which a state entity is constitutionally exempt; and (2) the University has an obligation to negotiate its fair share of the environmental mitigation costs with local public agencies, but has the ultimate discretion to determine what its fair share is, and the local agency has no power to dictate the manner in which the University exercises its discretion. We appeared as counsel of record on behalf of California State University.

  • Kibler v. Northern Inyo County Local Hospital District (2006) 39 Cal.4th 192.

Holding that the anti-SLAPP statute (Code Civ. Proc., § 425.16, subd. (e)) applies in a lawsuit brought by a hospital staff physician arising out of a disciplinary recommendation by the hospital's peer review committee because peer review proceedings constitute "any other official proceeding authorized by law" within the meaning of the statute. We appeared as counsel of record on behalf of Northern Inyo Hospital.

  • Pilimai v. Farmers Insurance Exchange (2006) 39 Cal.4th 133.

Holding that (1) Code of Civil Procedure section 998 applies to arbitrations required to determine uninsured and underinsured motorists (UM/UIM) insurance claims, thereby allowing a party to recover deposition and trial exhibit preparation costs, as well as expert witness expenses, under section 998; (2) the sum of UM/UIM benefits and costs awarded pursuant to section 998 may exceed the policy benefits; and (3) the prejudgment interest provisions of Civil Code section 3291 do not apply to UM/UIM arbitrations, because a UM/UIM claim is not for the recovery of damages for personal injury. We appeared as counsel of record on behalf of Farmers Insurance Exchange.

  • Kinsman v. Unocal Corporation (2005) 37 Cal.4th 659.

Holding that a premises liability instruction given to the jury was inadequate because it did not require the jury to consider whether Unocal's independent contractor knew of asbestos risks at the time its employee's work was performed at a Unocal refinery in the early 1950’s. The court concluded that a finding on remand that the the independent contractor knew of the presence and danger of asbestos “would, under the principles articulated in the Privette line of cases and in [this] opinion, completely relieve Unocal of liability for any resultant employee injury.” We appeared as counsel of record on behalf of Unocal Corporation.

  • State v. Altus Finance, S.A. (2005) 36 Cal.4th 1284.

Holding, in response to questions certified to the California Supreme Court by the Ninth Circuit Court of Appeals, that the Attorney General has some authority, concurrent with that of the Insurance Commissioner, to pursue an Unfair Competition Law (UCL) claim following the Commissioner’s liquidation of the assets of an insolvent insurance company. We appeared as amicus curiae on behalf of 21st Century Insurance.

  • Koebke v. Bernardo Heights Country Club (2005) 36 Cal.4th 824.

Holding that Bernardo Heights Country Club's policy of providing membership benefits only to members' spouses did not violate the Unruh Act until the California Domestic Partner Rights and Responsibilities Act became effective January 1, 2005. After that date, registered domestic partners are the equivalent of spouses for the purposes of the Unruh Act and a business that extends benefits to spouses it denies to registered domestic partners engages in impermissible marital status discrimination. We appeared as counsel of record on behalf of the Bernardo Heights Country Club.

  • Simon v. San Paolo U.S. Holding Co., Inc. (2005) 35 Cal.4th 1159.

Holding that a $1.7 million punitive award in a case where the jury awarded only $5,000 in compensatory damages, representing the plaintiff’s out-of-pocket losses in a failed real estate transaction, was constitutionally excessive where the jury did not expressly find and the record did not support plaintiff's claim that his actual harm from the defendant's misconduct was $400,000 in anticipated profits from his expected purchase of the defendant’s real property. We appeared as amici curiae on behalf of the California Chamber of Commerce, the American Chemistry Council, the National Association of Manufacturers, Unocal Corp. and the American International Companies.

  • Jevne v. Superior Court (2005) 35 Cal.4th 935.

Adopting the position taken in Horvitz & Levy’s amicus curiae brief on the issue of the Judicial Council’s authority to broadly apply its arbitration standards to private arbitrators appointed by dispute resolution provider organizations, and holding that the statutory direction to “adopt ethical standards for all neutral arbitrators” (Code Civ. Proc., § 1281.85, subd. (a)) authorized the council to apply the standards to an arbitrator appointed by a dispute resolution provider even though such an arbitrator was not expressly within the statutory definition of a “neutral arbitrator.” We appeared as amicus curiae on behalf of the Judicial Council of California.

  • Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797.

Holding that statute of limitations does not begin running as to undiscovered wrongdoing even though another type of wrongdoing that caused the same injury has been discovered. We appeared as amicus curiae counsel on behalf of California Medical Association, California Dental Association and California Healthcare Association in support of defendant.

  • Parnell v. Adventist Health System/West (2005) 35 Cal.4th 595.

Holding that a hospital is not permitted to assert a lien against a plaintiff’s recovery from a third party for the difference between its "usual and customary" charges and the lesser amount that it accepted as payment in full for its services under a contract with the plaintiff's health plan provider. The Court further held that hospitals are free to enter into contracts that give them a right to assert a lien to preserve their right to recover the difference between usual and customary charges and the negotiated rate. In the absence of such a contract, however, hospitals have no basis for asserting such a lien. We appeared as amici curiae counsel on behalf of the Association of California Insurance Companies, Personal Insurance Federation of California and the American Insurance Association.

  • Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180.

Holding that a special motion to strike the complaint under California’s Anti-SLAPP statute, Code of Civil Procedure section 425.16, effects an automatic stay of all further trial court proceedings. Where the trial court and Court of Appeal had refused to stay trial under Code of Civil Procedure section 916 while an anti-SLAPP appeal was pending, reversal of the resulting defamation judgment for $775,000 in compensatory and punitive damages was required based on the lack of subject matter jurisdiction, which rendered the trial completely void. We appeared as counsel of record on behalf of prevailing parties Michael Delfino and Mary Delfino.

  • AFSA v. City of Oakland (2005) 34 Cal.4th 1239.

Holding that an Oakland municipal ordinance regulating subprime lending within the city's boundaries (Oak. Mun. Code, §§ 5.33.01, 5.33.030) is preempted by Division 1.6 of the California Finance Code, a comprehensive anti-predatory lending law. We appeared as amicus curiae on behalf of the National Home Equity Mortgage Association.

  • Lewis Jorge Construction v. Pomona Unified (2004) 34 Cal.4th 960.

Holding that a plaintiff in a breach of contract action could not recover $3,148,197 in "lost profits" plaintiff claimed it would have earned on other, unidentified contracts but for defendant's termination of principal contract and bonding company's subsequent decision to suspend plaintiff's bonding capacity. We appeared as counsel of record on behalf of Pomona Unified School District, et al.

  • Morohoshi v. Pacific Home (2004) 34 Cal.4th 482.

Holding that a Regional Center cannot be held vicariously liable under the Lanterman Act for the day-to-day negligence of a health care provider with whom the Regional Center has contracted to provide services to an individual with developmental disabilities. We appeared as counsel of record on behalf of Harbor Regional Center.

  • Stockett v. Assoc. of Cal. Water Agencies Joint Powers Insurance Authority (2004) 34 Cal.4th 441.

Holding that a dismissed California government employee claiming wrongful termination may assert wrongful dismissal theories in the complaint that differ from the theories identified in the government tort claim where the claim informs the public entity of the employment termination cause of action giving rise to the claim and provides sufficient detail for investigation by the public entity. We appeared as counsel of record on behalf of the Association of California Water Agencies Joint Powers Insurance Authority.

  • Bronco Wine v. Jolly (2004) 33 Cal.4th 943.

Holding that California Business and Professions Code section 25241, which requires that wines made in California and bearing a brand name that includes a Napa Valley appellation must be made from grapes of which at least 75 percent are grown in the Napa Valley, is valid and is not preempted by a federal “grandfather” regulation exempting appellation brand names in use prior to 1986 from a similar 75 percent federal requirement of general application. We appeared as counsel of record on behalf of intervenor Napa Valley Vintners Association.

  • Jonathan Neil & Associates, Inc. v. Jones (2004) 33 Cal.4th 917.

Holding that tort remedies are not available where an insurance company breaches the implied covenant of good faith and fair dealing by retroactively overcharging a premium it knows is not owed. We appeared as amicus curiae counsel on behalf of the State Compensation Insurance Fund.

  • Cassim v. Allstate Insurance Co. (2004) 33 Cal.4th 78.

Holding, where Brandt fees are awardable as damages for breach of the covenant of good faith and fair dealing, and the plaintiff and his or her attorney had a contingency fee agreement, the plaintiff is entitled to attorneys' fees for (1) the time the attorney spent working on the contract recovery exclusively and (2) a portion of the time the attorney spent working on the tort and contract recovery together. We appeared as counsel of record on behalf of Allstate Insurance Company.

  • Covenant Care, Inc. v. Superior Court (Inclan) (2004) 32 Cal.4th 771.

Holding that a plaintiff under the Elder Abuse and Dependent Adult Civil Protection Act need not comply with Code of Civil Procedure section 425.13 -- by making a prima facie evidentiary showing -- before pleading a punitive damage claim against a health care provider. We appeared as counsel of record on behalf of Covenant Care, Inc.

  • Metropolitan Water District of Southern California v. Superior Court (2004) 32 Cal.4th 491.

Holding that temporary agency workers who are assigned to a public agency that has contracted with the California Public Employees Retirement System (CalPERS) for provision of pension benefits must be enrolled in CalPERS if they are determined to be common law employees of the agency. We appeared as counsel of record on behalf of Metropolitan Water District of Southern California.

  • Gavaldon v. DaimlerChrysler Corp. (2004) 32 Cal.4th 1246.

Interpreting the Song Beverly Consumer Warranty Act and holding that where a vehicle service contract does not use the terms "warrant" or "guarantee," an alleged breach of the service contract "does not make [the manufacturer] subject to the replacement/restitution remedy reserved in [Civil Code] section 1793.2, subdivision (d) for purchases of motor vehicles sold with 'express warranties.'" We appeared as counsel of record on behalf of DaimlerChrysler Corporation.

  • Haynes v. Farmers Insurance Exch. (2004) 32 Cal.4th 1198.

Holding that an attempt to limit coverage for a permissive user by means of an endorsement to an automobile policy must be conspicuous, plain, and clear. We appeared as counsel of record on behalf of Farmers Insurance Exchange.

  • Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990.
Holding the primary assumption of risk doctrine applies not just to sports participants, but also to instructors who allegedly "require[] a student to perform beyond the student’s capacity or without providing adequate instruction." To establish liability against a sports instructor for inadequate instruction, "it must be alleged and proved that the instructor acted with intent to cause a student’s injury or that the instructor acted recklessly in the sense that the instructor’s conduct was 'totally outside the range of the ordinary activity' involved in teaching or coaching the sport." We appeared as amici curiae counsel on behalf of The American Youth Soccer Organization, Little League Baseball, Incorporated, California State University, The University of California, and Golden Eagle Insurance Corporation in support of defendants.
  • Hameid v. National Fire Ins. of Hartford (2003) 31 Cal.4th 16.
Holding the use of the term "advertising injury" in a CGL policy requires widespread promotion to the public and that one-on-one solicitation of a few customers does not give rise to the insurer’s duty to defend the underlying lawsuit. We appeared as amicus curiae counsel on behalf of American International Companies in support of defendant.
  • Rosen v. State Farm General Insurance Company (2003) 30 Cal.4th 1070.
Holding a court may not invalidate unambiguous policy language on the basis of public policy. We appeared as amici curiae counsel on behalf of Farmers Insurance Exchange, Fire Insurance Exchange, Truck Insurance Exchange, American International Companies, and Personal Insurance Federation of California in support of defendant.
  • Korea Supply Company v. Lockheed Martin Corporation (2003) 29 Cal.4th 1134.
Holding restitution is the only monetary remedy authorized by the Unfair Competition Law. A plaintiff suing for intentional interference with prospective economic advantage need not prove that the defendant specifically intended to interfere with plaintiff's economic advantage. We appeared as amici curiae counsel on behalf of Truck Insurance Exchange, Mid-Century Insurance Company, and Quality King Distributors, Inc. in support of defendants.
  • Lockheed Martin v. Superior Court (Carrillo) (2003) 29 Cal.4th 1096.
Holding that medical monitoring claims are appropriate for class treatment, so long as common issues predominate over plaintiff-specific ones and any individual issues presented by the claims are manageable. We appeared as amici curiae counsel on behalf of American Chemistry Council, Chemical Industry Council of California, ExxonMobil Corporation, and Union Oil Company of California in support of defendant.
  • Advanced Bionics Corp. v. Medtronic, Inc. (2002) 29 Cal.4th 697.
Holding that absent extraordinary circumstances, California courts cannot enjoin litigation in another state to enforce a noncompete agreement that is invalid under California law. We appeared as counsel of record on behalf of Medtronic, Inc.
  • Cadence Design Systems, Inc. v. Avant! Corp. (2002) 29 Cal.4th 215.
Holding that, under the California Uniform Trade Secrets Act (Civ. Code, § 3426), a plaintiff's claim for misappropriation of a trade secret arises only once, when the trade secret is initially misappropriated, and each subsequent use or disclosure of the secret augments the initial claim rather than arises as a separate claim. We appeared as amicus curiae counsel on behalf of Truck Insurance Exchange in support of defendant.
  • Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189.
Holding that a defendant may not obtain affirmative relief against a plaintiff by way of a setoff defense, but declining to determine whether a setoff defense gave rise to a duty to defend the plaintiff under a policy requiring the insurer to defend "suits" for "damages." We appeared as amici curiae counsel on behalf of Fire Insurance Exchange, Farmers Insurance Exchange, Truck Insurance Exchange, and Mid-Century Insurance in support of defendant.
  • Bird v. Saenz (2002) 28 Cal.4th 910.
Holding there is no cause of action for "bystander" negligent infliction of emotional distress where a surgical patient's relatives witnessed only the immediate after-effects of an allegedly negligent medical procedure. We appeared as amici curiae counsel on behalf of the California Medical Association, the California Dental Association, and the California Healthcare Association in support of defendants.
  • Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888.
Holding that, under the doctrine of res judicata, a final judgment granting declaratory relief and specific performance for breach of contract bars a second action for damages based on the same breach of contract. We appeared as counsel of record on behalf of Monsanto Co.
  • Hamilton v. Maryland Casualty Co. (2002) 27 Cal.4th 718
Holding that a defending insurer cannot be bound by a settlement made without its participation and without any actual commitment on its insured's part to pay the judgment, even where the settlement has been found to be in good faith for the purpose of Code of Civil Procedure section 877.6. A stipulated judgment for which the insured is relieved from personal liability by a covenant not to execute is also insufficient evidence of insured's damages in an action against a defending insurer for breach of its settlement duty. We appeared as amicus curiae counsel on behalf of American International Companies, State Farm General Insurance Company, Truck Insurance Exchange and Mercury General Insurance Company in support of defendant.
  • Hartwell Corp. v. Superior Court (2002) 27 Cal.4th 256.
Holding that Public Utilities Code section 1759 does not preempt damage claims alleging violations of federal and state drinking water standards against water providers subject to California Public Utilities Commission regulation. We appeared as amicus curiae counsel on behalf of the California Water Association in support of defendants.
  • Vu v. Prudential Property & Casualty Ins. Co. (2001) 26 Cal.4th 1142.
Answering a certified question from the Ninth Circuit, the court held that Neff v. New York Life Ins. Co. (1947) 30 Cal.2d 165 remains good law. An insurer may be estopped to assert a timeliness defense to an insurance claim if the insurer made misrepresentations of fact to the insured, However, misrepresentations of law, such as an insurer's representations concerning the scope of a policy's coverage terms, cannot estop the insurer from relying on a statutory or contractual time-bar. We appeared as amici curiae counsel on behalf of 21st Century Insurance Company and Truck Insurance Exchange in support of defendant.
  • Safeco Ins. Co. v. Robert S. (2001) 26 Cal.4th 758.
Holding that a homeowners' insurance policy exclusion for "illegal acts" was ambiguous because it could refer to both criminal and noncriminal behavior. We appeared as amicus curiae on behalf of 20th Century Insurance Company in support of plaintiff.
  • Conservatorship of Wendland (2001) 26 Cal.4th 758.
Holding that the withholding of artificial nutrition and hydration from a minimally conscious conservatee requires clear and convincing evidence that such would be consistent with the patient's previously-expressed wishes or the patient's best interest. We appeared as amici curiae counsel on behalf of Alliance of Catholic Health Care, California Healthcare Association, California Medical Association, Catholic Healthcare West, Mercy Healthcare Sacramento, San Francisco Medical Society, and 43 individual bioethicists in support of petitioner.
  • Foxgate Homeowners' Assoc., Inc. v. Bramalea California, Inc. (2001) 26 Cal.4th 1.
Holding that "there are no exceptions to the confidentiality of mediation communications or to the statutory limits on the content of mediator's reports," therefore communications made during mediation may not be revealed by any party or the mediator. A party, however, may report sanctionable conduct of other mediation participants to the court. We appeared as co-counsel of record on behalf of defendant Bramalea California, Inc. and objector Ivan K. Stevenson.
  • Saelzler v. Advanced Group 400 (2001) 25 Cal.4th 763.
Holding that a plaintiff in a premises liability action based on a third party crime may not rely on a presumption that because security generally reduces crime, added security would have prevented the crime perpetrated against plaintiff, but rather must present specific evidence of causation as to that particular crime. We appeared as amici curiae counsel on behalf of the University of Southern California, the University of California, California State University, the Board of Trustees of the Leland Stanford Junior University, California Institute of Technology, Loma Linda University, Pepperdine University, Sutter Health, State Farm General Insurance Company, Truck Insurance Exchange, Fire Insurance Exchange, Mid Century Insurance Company, Civic Property and Casualty Company, Exact Property and Casualty Company and Neighborhood Spirit Property and Casualty Company in support of defendants.
  • Blue Ridge Ins. Co. v. Jacobsen (2001) 25 Cal.4th 489.
Holding that an insurer defending a personal injury suit under a reservation of rights may seek reimbursement from its insured for reasonable settlement payments made for noncovered claims even if the settlement is made over the insured's objection. We appeared as amici curiae counsel on behalf of American Insurance Association, American International Group, Inc., National Association of Independent Insurers and Truck Insurance Exchange in support of plaintiff.
  • Kazi v. State Farm Fire & Casualty Co. (2001) 24 Cal.4th 871.
Holding that the destruction of an easement is not physical injury, loss, or destruction of tangible property within the meaning of the insured's liability insurance policies, and therefore did not trigger the insurer's duty to defend or indemnify. We appeared as co-counsel of record on behalf of defendants Truck Insurance Exchange and Farmers Insurance Exchange.
  • Hi-Voltage Wire Works, Inc. v. City of San Jose (2000) 24 Cal.4th 537.
Holding that Proposition 209 amended the state constitution to prohibit preferential treatment on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting thereby prohibiting a city program requiring contractors bidding on city projects to utilize a specific percentage of minority and women subcontractors. We appeared as amici curiae counsel on behalf of Mission Hiring Hall, Visitation Valley Jobs Education and Training, Asian Neighborhood Design, Chinese for Affirmative Action, Ella Hill Hutch Community Center, and Young Community Developers.
  • Kransco v. American Empire Surplus Lines Insurance Co. (2000) 23 Cal.4th 390.
Holding that a liability insurer may not assert the insured's comparative bad faith as an affirmative defense in a bad faith action based on the insurer's failure to settle the underlying action against the insured. We appeared as amici curiae counsel on behalf of Truck Insurance Exchange and Allstate Insurance Company in support of defendant.
  • Kraus v. Trinity Management Services, Inc. (2000) 23 Cal.4th 116.
Holding that, in a representative action brought on behalf of absent persons by a private party under the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.), disgorgement of the defendant's profits into a fluid recovery fund is not an available remedy. We appeared as amicus curiae counsel on behalf of Truck Insurance Exchange in support of defendant.
  • PLCM Group v. Drexler (2000) 22 Cal.4th 1084.
Holding that a corporation represented by in-house counsel may recover attorney fees under Civil Code section 1717, which authorizes an award of reasonable attorney fees to the prevailing party in a suit on a contract providing for a fee. We appeared as amicus curiae counsel on behalf of the Los Angeles County Bar Association.
  • Fox v. Kramer (2000) 22 Cal.4th 531.
Holding that neither the expert testimony of an investigator for the California Department of Health Services (DHS) nor a draft DHS report are admissible at trial because they rely substantially on peer review committee records that are immune from discovery to the public pursuant to Evidence Code section 1157. We appeared as amici curiae counsel on behalf of the California Medical Association and the California Healthcare Association in support of defendants.
  • Palmer v. Truck Insurance Exchange (1999) 21 Cal.4th 1109.
Holding that "infringement of title" coverage in liability insurance policy was limited to infringement of titles of literary or artistic works rather than covering alleged infringement of names of businesses as plaintiff argued. We appeared as co-counsel of record on behalf of defendant Truck Insurance Exchange.
  • Broughton v. CIGNA Healthplans of California (1999) 21 Cal.4th 1066.
Holding that the request for injunctive relief under the Consumer Legal Remedies Act is not subject to arbitration and should be severed for judicial trial from claim for damages under the Act, which claim for damages is subject to arbitration clause. The majority held this interpretation does not contravene the Federal Arbitration Act. We appeared as co-counsel of record on behalf of defendant CIGNA Healthplans of California.
  • Hotel Employees and Restaurant Employees Intern. Union v. Davis (1999) 21 Cal.4th 585.
Holding that Proposition 5 was invalid and could not be implemented by the Governor and Secretary of State because it was a purely statutory measure authorizing Indian tribal casinos and did not amend the state constitution, which expressly prohibits casino gaming. We appeared as amicus curiae counsel on behalf of the Dehesa Valley Community Council in support of petitioners.
  • White v. Ultramar, Inc. (1999) 21 Cal.4th 563.
Holding that under Civil Code section 3294, which bars punitive damages against corporate employers for actions of an employee unless the employee is an officer, director, or managing agent, the term “managing agent” includes only those employees who exercise substantial independent authority and judgment in their corporate decision making so that their decisions ultimately determine corporate policy. We appeared as amici curiae counsel on behalf of the American International Companies and Fire Insurance Exchange.
  • Norgart v. Upjohn Co. (1999) 21 Cal.4th 383.
Holding the one-year statute of limitations for a wrongful death claim due to prescription drug overdose accrues on the date of death and is extended only by the delayed discovery rule or the relation back doctrine. We appeared as amici curiae counsel on behalf of the California Medical Association, the California Dental Association and the California Healthcare Association.
  • Horwich v. Superior Court (Acuna) (1999) 21 Cal.4th 272.
Holding Civil Code section 3333.4, enacted as part of Proposition 213, does not preclude a wrongful death plaintiff, whose decedent was the uninsured operator of a motor vehicle involved in an accident, from recovering damages for loss of care, comfort and society. We appeared as co-counsel of record on behalf of petitioner Benjamin R. Horwich.
  • Preferred Risk Mutual Ins. Co. v. Reiswig (1999) 21 Cal.4th 208.
Holding that MICRA's 90-day tolling provision (Code Civ. Proc., § 364) applies in equitable indemnity actions stemming from professional negligence by a healthcare provider, even if those actions are not governed by the MICRA statute of limitations. We appeared as amici curiae counsel on behalf of the California Medical Association, the California Healthcare Association, and the California Dental Association.
  • Cates Construction, Inc. v. Talbot Partners (1999) 21 Cal.4th 28.
Holding that (1) a surety's breach of the implied covenant of good faith and fair dealing in a construction performance bond does not give rise to a cause of action in tort, and (2) under the terms of the performance bond at issue in the case, the surety was liable for the contractual damages caused by the contractor's breach of the construction contract. We appeared as co-counsel of record on behalf of plaintiff and cross defendant TIG Insurance Company.
  • Carrillo v. ACF Industries, Inc. (1999) 20 Cal.4th 1158.
Holding that the Federal Safety Appliance Acts (49 U.S.C.A. § 20301 et seq.) preempt state law tort claims based on the alleged design defect of a railcar for failing to include a safety appliance not prescribed by the acts or their regulations. The court concluded that the acts and their regulations reflect a congressional intent to occupy the field of regulating railroad safety appliances, thus precluding common law tort claims predicated on design defects. We appeared as counsel of record on behalf of the railcar manufacturer, ACF Industries, Inc.
  • Department of Corporations v. Speedee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135.
Holding that an attorney's conflict of interest requires vicarious disqualification of the entire law firm even when the attorney is only "of counsel" to the firm. The court held the rule of automatic vicarious disqualification applies when a party consults an "of counsel" attorney without knowing that the firm with which the attorney is affiliated represents the party's adversary in the same matter. We appeared as counsel of record on behalf of moving party Mobil Oil Corporation.
  • Temple Community Hospital v. Superior Court (1999) 20 Cal.4th 464.
Holding that there is no separate tort for intentional spoliation of evidence against a person who is not a party to the lawsuit. We appeared as amici curiae counsel on behalf of California Medical Association, California Healthcare Association, and California Dental Association.
  • Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. (1999) 20 Cal.4th 163.
Holding that (1) to violate the Unfair Practices Act (Bus. & Prof. Code, § 17000 et seq.), a company must act with the purpose to injure or destroy competitors, and (2) even if the company's actions lack the necessary intent to violate the Unfair Practices Act, those actions might be deemed unfair under the Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.). We appeared as amicus curiae counsel on behalf of Truck Insurance Exchange.
  • Barris v. County of Los Angeles (1999) 20 Cal.4th 101.
Holding that damages awarded under the federal Emergency Medical Treatment and Active Labor Act (EMTALA) were properly reduced pursuant to Civil Code section 3333.2, which caps noneconomic damages that can be awarded against a health care provider in an action based on professional negligence. The damages cap applied because (1) the EMTALA claim was based on professional negligence (i.e., medical treatment falling below the professional standard of care) and (2) EMTALA expressly incorporates state substantive limits on "damages available for personal injury." We appeared as amicus curiae counsel on behalf of Program Beta Risk Management Authority in support of defendant.
  • Salgado v. County of Los Angeles (1998) 19 Cal.4th 629.
Reversing the periodic-payment schedule for future noneconomic damages in a medical malpractice action and remanding for redetermination, and strongly suggesting that the trial court order a different periodic-payment schedule for future economic damages. We appeared as amici curiae counsel on behalf of the California Medical Association, the California Dental Association, and the California Healthcare Association in support of defendant.
  • In re Attorney Discipline System (1998) 19 Cal.4th 582.
Holding that (1) the Supreme Court's inherent authority over the discipline of attorneys includes the power to impose fees upon licensed attorneys to fund a disciplinary system; (2) the imposition of bar membership fees to fund attorney discipline system would not invade the legislature's exclusive power over taxation and appropriation; and (3) the imposition of a fee upon attorneys to fund the State Bar's existing disciplinary system would not violate the separation of powers doctrine. We appeared as amicus curiae counsel.
  • Quelimane Company, Inc. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26.
Reversing the Court of Appeal's holding that the Insurance Code limited actions against title insurers to the remedies provided in the code. Instead, the Supreme Court held the title insurance companies' demurrers to the plaintiffs' 17200 claims could not be sustained because the plaintiffs had sufficiently pleaded a conspiracy to restrain trade in the context of real estate purchases by limiting the availability of title insurance. We appeared as amicus curiae counsel on behalf of Truck Insurance Exchange in support of defendant.
  • State Comp. Ins. Fund v. Workers' Comp. Appeals Bd. (1998) 18 Cal.4th 1209.
Holding that a clerical error causing one-week delay in payment of benefits does not trigger the statutory ten percent penalty under Labor Code section 5814. We appeared as amicus curiae counsel.
  • Toland v. Sunland Housing Group, Inc. (1998) 18 Cal.4th 253.
Holding that employees of a hired contractor who are injured by the contractor's negligence may not recover against the hiring person under the peculiar risk doctrine, irrespective of whether liability is premised on the hiring person's failure to provide for special precautions or on the contractor's failure to follow special precautions. We appeared as amicus curiae counsel.
  • Cedars-Sinai Medical Center v. Superior Court (Bowyer) (1998) 18 Cal.4th 1.
Holding there is no separate tort for intentional spoliation of evidence, where the spoliation is committed by a party to the underlying action to which the evidence is relevant and the spoliation victim knows or should have known of the alleged spoliation before the trial or other decision on the merits of the underlying action. We appeared as amici curiae counsel on behalf of the California Medical Association, the California Healthcare Association, and the California Dental Association in support of petitioner.
  • Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553.
Holding the Unfair Competition Law (Business and Professions Code § 17200 et seq.) authorizes a private action predicated on the alleged violation of a statute (in this case, from the Penal Code) which itself provides no private right of action. We appeared as amicus curiae counsel on behalf of Truck Insurance Exchange in support of defendant.
  • Aerojet General Corporation v. Transport Indemnity (1997) 17 Cal.4th 38.
Holding: (1) In the context of a suit against the insured for property damage stemming from pollution, site investigation expenses constitute defense costs that the insurer must incur in fulfilling its duty to defend if, and only if, the investigation is conducted between tender of the defense and conclusion of the action, the investigation amounts to an effort to avoid or at least minimize liability, and the expenses are reasonable and necessary for that purpose; (2) Defense costs that can be allocated solely to a claim, or a part of a claim, that is not even potentially covered can be allocated to the insured. To allocate a portion of the defense costs to the insured, the insurer must prove by a preponderance of the evidence that part of the damage for which the insured was sued occurred before the inception of the insurer's policy or occurred after the expiration of the policy and was not a continuation of the damage that occurred during the policy period. We appeared as co-counsel of record on behalf of defendant California Insurance Guarantee Association.
  • Cheong v. Antablin (1997) 16 Cal.4th 1063.
Holding that, under common law assumption of the risk principles, one skier may not sue another for simple negligence in causing a skiing accident and that a particular county ordinance did not alter the rule of nonliability. We appeared as co-counsel of record on behalf of defendant Drew Antablin.
  • Torres v. Automobile Club of Southern California (1997) 15 Cal.4th 771.
Holding that the Legislature did not intend to remove the discretion of an appellate court to order a retrial limited to punitive damages when it enacted the "same trier of fact" requirement of Civil Code section 3295, subdivision (d). We appeared as amici curiae counsel on behalf of State Farm Mutual Automobile Insurance Company, 20th Century Insurance Company, and American International Companies in support of defendant.
  • Christian v. Workers' Compensation Appeals Board (1997) 15 Cal.4th 505.
Holding that a single 10% penalty applies where, as the result of a single act -- the decision not to pay further benefits -- multiple disability payments were withheld from an employee claimant. The court termed irrelevant the fact that the claimant sent the insurer a "bad faith demand letter" for every missed payment. This did not convert the decision not to pay into a series of acts warranting multiple penalties. We appeared as amici curiae counsel on behalf of the California Manufacturers' Association, the California Chamber of Commerce, and the Association of California Insurance Companies in support of respondent.
  • Kentucky Fried Chicken of California, Inc. v. Superior Court (Brown) (1997) 14 Cal.4th 814.
Holding a shopkeeper has no duty to comply with a robber's unlawful demands in order to avoid injury to a patron. We appeared as amicus curiae counsel on behalf of American International Group, Inc. in support of petitioner.
  • Arnett v. Dal Cielo (1996) 14 Cal.4th 4.
Holding that Evidence Code section 1157 does not bar the Medical Board of California from obtaining documents from hospital medical staff committees by an investigative administrative subpoena. We appeared as co-counsel of record on behalf of defendant William Dal Cielo, Chief Executive Officer of Alameda Hospital.
  • San Diego Gas & Electric Co. v. Superior Court (Covalt) (1996) 13 Cal.4th 893.
Holding that the California Public Utilities Commission has exclusive jurisdiction over the question whether electric and magnetic fields ("EMF") emanating from electric power lines pose a risk to human health. In light of jurisdiction, trial courts may not entertain tort suits against public utilities premised on the alleged harmful effect of EMF on health and property values. We appeared as amici curiae counsel on behalf of Southern California Edison, Pacific Gas and Electric, the California Chamber of Commerce, and the California Manufacturers Association in support of petitioner.
  • Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291.
Holding that a hospital was not vicariously liable under the respondeat superior doctrine for an ultrasound technician's sexual molestation of a patient after an ultrasound examination. We appeared as co-counsel of record on behalf of defendant Henry Mayo Newhall Memorial Hospital.
  • Della Penna v. Toyota Motor Sales, U.S.A., Inc. (1995) 11 Cal.4th 376.
Adopting a rule limiting the availability of tort damages under a cause of action for "intentional interference with economic advantage." We appeared as amicus curiae counsel on behalf of Cedars-Sinai Medical Center in support of defendant.
  • Freeman & Mills, Incorporated v. Belcher Oil Company (1995) 11 Cal.4th 85.
Overruling Seaman's Direct Buying Service, Inc. v. Standard Oil Co. (1984) 36 Cal.3d 752 to the extent it permits a tort cause of action for bad faith denial of the existence of a contract. We appeared as amici curiae counsel on behalf of the California Chamber of Commerce, the California Manufacturers Association, Atlantic Richfield Company, the Automobile Club of Southern California, Avery Dennison Corporation, Nissan North America, Inc., Southern California Edison Company, and Tenet Healthcare Corporation in support of defendant.
  • Waller v. Truck Insurance Exchange (1995) 11 Cal.4th 1.
Holding that (1) an insurer need not defend an insured against allegations of emotional and physical distress flowing from noncovered economic loss, (2) an insurer may rely on newly published case law to justify its earlier decision not to defend, and (3) an insurer does not automatically waive coverage defenses it fails to mention when it denies coverage. We appeared as co-counsel of record on behalf of defendants Truck Insurance Exchange and Farmers Insurance Exchange.
  • Montrose Chemical Corp. v. Admiral Insurance Co. (1995) 10 Cal.4th 645.
Holding: (1) the continuous injury trigger of coverage should be applied to third party claims of continuous or progressively deteriorating damage or injury. "Where successive CGL policy periods are implicated, bodily injury or property damage which is continuous or progressively deteriorating through several policy periods is potentially covered by all policies in effect during those periods"; (2) "[T]he loss in-progress rule will not defeat coverage for a claimed loss where it had yet to be established, at the time the insured entered into the contract of insurance with the policyholder, that the insured had a legal obligation to pay damages to a third party in connection with a loss." We appeared as co-counsel of record on behalf of petitioner Admiral Insurance Co.
  • La Jolla Beach & Tennis Club, Inc. v. Industrial Indemnity Co. (1994) 9 Cal.4th 27.
Holding that the workers' compensation provision of an employer's insurance policy did not provide coverage for its former employee's civil suit alleging wrongful termination in violation of public policy. We appeared as amici curiae counsel on behalf of State Farm Fire and Casualty Company and State Farm General Insurance Company.
  • Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992.
Holding that any distinction between "professional" and "ordinary" negligence was irrelevant in deciding whether a hospital was entitled to summary judgment in a lawsuit by a patient alleging she fell from a hospital gurney because the side rails had not been raised. We appeared as co-counsel of record on behalf of petitioner Torrance Memorial Hospital Medical Center.
  • College Hospital Inc. v. Superior Court (Crowell) (1994) 8 Cal.4th 704.
Holding plaintiff seeking punitive damages in action against hospital for misconduct by hospital employee was required by Code of Civil Procedure section 425.13 to demonstrate that employee was acting within the scope of employment and that hospital administrator acted despicably and in willful and conscious disregard of plaintiff's safety. We appeared as co-counsel of record on behalf of petitioner College Hospital.
  • Western Steamship Lines, Inc. v. San Pedro Peninsula Hospital (1994) 8 Cal.4th 100.
Holding that MICRA's $250,000 limit on recovery for noneconomic damages in an action for professional negligence against a health care provider applies in an action for equitable indemnity brought by a settling tortfeasor against a health care provider. We appeared as co-counsel of record on behalf of defendant San Pedro Peninsula Hospital.
  • Heller v. Norcal Mutual Ins. Co. (1994) 8 Cal.4th 30.
Holding a professional liability insurer's ex parte contacts with the health care provider of a patient who has sued another health care provider is (1) permissible under the Confidentiality of Medical Information Act and (2) not a violation of the state constitutional right to privacy. We appeared as amici curiae counsel on behalf of the California Medical Association, the California Association of Hospitals and Health Systems, and the California Dental Association in support of defendants.
  • Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238.
Holding that an employer charged with a constructive discharge may be liable only if the employer had actual knowledge, not merely constructive knowledge, of the working conditions which the employee considers intolerable. We appeared as amicus curiae counsel on behalf of the California Chamber of Commerce in support of defendant.
  • Moore v. Conliffe (1994) 7 Cal.4th 634.
Holding the absolute litigation privilege (codified in Civil Code section 47(b)) applies to all forms of arbitration, including private contractual arbitration. We appeared as amicus curiae counsel on behalf of State Farm Mutual Automobile Association in support of defendant.
  • Alexander v. Superior Court (Shaik Saheb) (1993) 5 Cal.4th 1218.
Holding a physician's applications and reapplications for hospital staff privileges are protected from discovery by Evidence Code section 1157. We appeared as co-counsel of record on behalf of real party in interest Granada Hills Community Hospital.
  • Arato v. Avedon (1993) 5 Cal.4th 1172.
Holding a doctor has no duty to provide patients with statistical life expectancy information to preserve and protect the financial and property interests of patients and their heirs, and has no duty to provide such information to obtain patients' informed consent to medical treatment unless the standard of care in the medical community requires such disclosure. We appeared as co-counsel of record on behalf of the defendant doctors.
  • Privette v. Superior Court (Jesus Contreras) (1993) 5 Cal.4th 689.
Holding the "peculiar risk" doctrine does not apply to allow the employee of an independent contractor to sue the landowner who hired the independent contractor to perform work involving a special risk. We appeared as amicus curiae counsel on behalf of the Housing Authority of the City of Los Angeles in support of petitioner.
  • Horace Mann Ins. Co. v. Barbara B. (1993) 4 Cal.4th 1076.
Holding that an insurer was not entitled to summary judgment on the duty to defend an action alleging both sexual and nonsexual misconduct because "the complaint evinced a possibility that [the insured] would be held liable for damages within the coverage of the policy stemming from [his] negligent nonsexual conduct" and the insurer failed to establish as a matter of law that the allegedly negligent acts were "integral to" or "inseparably intertwined" with the molestation. We appeared as amici curiae counsel on behalf of State Farm Fire & Casualty Company, Truck Insurance Exchange, and Farmers Insurance Exchange in support of plaintiff.
  • Hartford Fire Insurance Co. v. Macri (1992) 4 Cal.4th 318.
Holding that an insured under an underinsured motorist policy need not obtain the consent of the insurer before entering into a settlement with the underinsured motorist, and that such consent was not necessary to protect the insurer's right of reimbursement. We appeared as amicus curiae counsel on behalf of State Farm Mutual Automobile Insurance Company in support of plaintiff.
  • Prudential Reinsurance Company v. Superior Court (Insurance Commissioner) (1992) 3 Cal.4th 1118.
Holding that the Insurance Commissioner, as liquidator of the insolvent Mission Insurance Companies, cannot collect reinsurance proceeds owed to Mission without allowing a setoff in favor of the reinsurers for $300 million in reciprocal reinsurance obligations owed to them by Mission. We appeared as amicus curiae counsel on behalf of California Insurance Guarantee Association in support of real party in interest.
  • Central Pathology Service Medical Clinic, Inc. v. Superior Court (Hull) (1992) 3 Cal.4th 181.

Holding that statute limiting the pleading of punitive damages in "professional negligence" actions against health care providers broadly applies whenever a plaintiff seeks punitive damages for an injury that is directly related to the professional services by a health care provider acting in its capacity as such. We appeared as amici curiae counsel on behalf of the California Medical Association, the California Association of Hospitals and Health Systems, and the California Dental Association in support of petitioners.

  • Bank of the West v. Superior Court (Industrial Indemnity Co.) (1992) 2 Cal.4th 1254.
Holding that coverage for "unfair competition" in the standard advertising injury endorsement to a CGL policy covers only common law unfair competition claims by business competitors, and does not include claims by consumers for unfair business practices. We appeared as amici curiae counsel on behalf of the Association of California Insurance Companies, the National Association of Independent Insurers, and the Alliance of American Insurers in support of real parties in interest.
  • Burgess v. Superior Court (Gupta) (1992) 2 Cal.4th 1064.
Holding that a mother can recover damages for negligently inflicted emotional distress against her physician if her child is injured during the course of delivery. Recoverable damages do not include compensation for emotional distress due to loss of affection, society, companionship or similar harm the mother may incur in adjusting to and living with the child's injury or impairment. We appeared as amici curiae counsel on behalf of the California Medical Association, the California Association of Hospitals and Health Systems, and the California Dental Association in support of real parties in interest.
  • Laird v. Blacker (1992) 2 Cal.4th 606.
Holding that when a client discharges his attorney and appeals from an adverse trial court judgment, the appeal does not toll the statute of limitation on the client's legal malpractice suit. We appeared as co-counsel of record on behalf of the defense attorney in the legal malpractice suit.
  • State Farm Fire & Casualty Co. v. Von Der Lieth (1991) 54 Cal.3d 1123.
Holding that when negligence in property construction or design combines with an excluded peril such as earth movement to cause a loss, that negligence may be a covered peril under an "all risk" homeowner's insurance policy which does not expressly exclude such negligence as a covered peril. We appeared as co-counsel of record on behalf of plaintiff and cross defendant State Farm Fire & Casualty Company.
  • Christensen v. Superior Court (Pasadena Crematorium of Altadena, et al.) (1991) 54 Cal.3d 868.
Where the remains of plaintiffs' deceased relatives were mishandled by the defendant mortuaries and crematoria, the Supreme Court in a 5-2 decision held that all "close family members" or "close relatives" may recover on a negligent infliction of emotional distress theory, but only if they were aware the funeral services were being performed and the funeral services were performed on their behalf or for their benefit. The majority held no cause of action for intentional infliction of emotional distress had been stated. We appeared as amicus curiae counsel on behalf of the California Funeral Directors Association in support of real parties in interest.
  • Woods v. Young (1991) 53 Cal.3d 315.
Holding that the statute of limitations for filing a medical malpractice action is not tolled during the 90-day notice period required by Code of Civil Procedure section 364, subdivision (a). We appeared as amici curiae counsel on behalf of the California Medical Association, the California Association of Hospitals and Health Systems, and the California Dental Association in support of defendants. The Los Angeles Daily Journal correctly reported that the Supreme Court adopted the position we developed and advocated on behalf of these amici.
  • Gourley v. State Farm Mutual Auto. Ins. Co. (1991) 53 Cal.3d 121.
Holding that an insurance bad faith action is an action to recover for financial injury, rather than personal injury even though damages for emotional distress may be awarded. Civil Code section 3291, which allows prejudgment interest in some personal injury actions, therefore does not apply in insurance bad faith actions. We appeared as co-counsel of record on behalf of defendant State Farm Mutual Automobile Insurance Company.
  • J.C. Penney Casualty Ins. Co. v. M.K. (1991) 52 Cal.3d 1009.
Holding there is no insurance coverage for intentional acts of child molestation under Insurance Code section 533, a statute providing that an insurer may not indemnify an insured for liability arising out of the insured's wilful acts. We appeared as amici curiae counsel on behalf of State Farm Fire & Casualty Insurance Company, Fire Insurance Exchange, the Association of California Insurance Companies, and Alliance of American Insurers in support of plaintiff and cross-defendant.
  • Prudential-LMI Com. Insurance v. Superior Court (Lundberg) (1990) 51 Cal.3d 674.
Holding: (1) in cases of progressive property damage, the insurer on the risk at the time the damage manifests is solely responsible for indemnification once coverage is found to exist; (2) the one-year period for commencing suit against the insurer begins to run when the damage manifests; and (3) the one-year period for commencing suit is tolled from the time the insured files a timely notice, pursuant to the policy notice provisions, until the time the insurer formally denies the claim. We appeared as amici curiae counsel on behalf of Fire Insurance Exchange and National Association of Independent Insurers in support of petitioner.
  • Moore v. Regents of University of California (1990) 51 Cal.3d 120.
Holding that a patient does not have a proprietary interest in any products created from the cells removed from his body during surgery. We appeared as co-counsel of record on behalf of defendant Shirley Quan.
  • California Assn. of Psychology Providers v. Rank (1990) 51 Cal.3d 1.
Holding that a hospital may permit clinical psychologists on its staff to provide psychological services within the legal scope of their license, without physician supervision. We appeared as co-counsel of record on behalf of the California Psychiatric Association, the California Medical Association, and the California Association of Hospitals and Health Systems.
  • California State Auto. Assn. v. Superior Court (Cooper) (1990) 50 Cal.3d 658.
Holding that a stipulated judgment against an insured under certain conditions may satisfy the requirement that a third party obtain a "final judicial determination" of the insured's liability before suing the insurer for bad faith handling of the claim against the insured. We appeared as amici curiae counsel on behalf of Hartford Insurance Company, Association of Southern California Defense Counsel, and Association of California Insurance Companies in support of petitioner.
  • Phillips v. Desert Hospital District (1989) 49 Cal.3d 699.
Holding that where a claimant serves a notice of intention to commence an action against a public hospital and the notice does not give information needed to comply with the Government Tort Claims Act the hospital must notify the claimant of any insufficiencies in the notice. We appeared as co-counsel of record on behalf of Desert Hospital District.
  • Doctors' Company v. Superior Court (Valencia) (1989) 49 Cal.3d 39.
Holding that defense attorneys retained by an insurance company could not be held liable for insurance bad faith in an action by the insured alleging a conspiracy theory. We appeared as amici curiae counsel on behalf of the Association of Southern California Defense Counsel, Association of California Insurance Companies, National Association of Independent Insurers, Alliance of American Insurers, and Lawyers Mutual Insurance Company in support of petitioners.
  • Newman v. Emerson Radio Corp. (1989) 48 Cal.3d 973.
Holding that Foley v. Interactive Data Corp., which limited a plaintiff's recovery to contract damages in wrongful termination of employment actions, applies retroactively. We appeared as amicus curiae counsel on behalf of FedMart Corporation in support of defendant.
  • CalFarm Ins. Co. v. Deukmejian (1989) 48 Cal.3d 805.
Holding criteria for relief from rate rollback and reduction provisions of Proposition 103 to be unconstitutional, requiring that insurance carriers be allowed a fair rate of return, and upholding other regulatory provisions of Proposition 103. We appeared as co-counsel of record on behalf of the Association of California Insurance Companies.
  • Thing v. La Chusa (1989) 48 Cal.3d 644.
Holding that a parent cannot recover for negligent infliction of emotional distress suffered as a result of her child being struck by a car unless the parent actually witnessed the accident. We appeared as amici curiae counsel on behalf of the National Association of Independent Insurers, the Association of California Insurance Companies, and the American Insurance Association in support of defendants.
  • Garvey v. State Farm Fire & Casualty Co. (1989) 48 Cal.3d 395.
Holding that when concurrent causes result in property damage to a home, one of which is a covered peril and one of which is not, coverage exists only if the covered peril is the predominant cause of the loss, thereby disapproving several Court of Appeal decisions which held there is coverage even if the covered peril was not the predominant cause. We appeared as amici curiae counsel on behalf of the National Association of Independent Insurers, the American Insurance Association, the Alliance of American Insurers, and the Association of California Insurance Companies in support of defendant.
  • Keller v. State Bar (1989) 47 Cal.3d 1152.
Holding that the State Bar of California may participate in various educational and legislative programs. Reversed by United States Supreme Court. We appeared as amici curiae counsel on behalf of the Los Angeles County Bar Association, the Beverly Hills Bar Association and joining bar associations: the Bar Association of San Francisco, the Century City Bar Association, the Long Beach Bar Association, the San Bernardino County Bar Association, the Ventura County Bar Association, and the Women Lawyers Association of Los Angeles in support of defendants.
  • Belair v. Riverside County Flood Control Dist. (1988) 47 Cal.3d 550.
Holding that a public entity was not strictly liable for damages resulting from the failure of a public improvement based on a theory of inverse condemnation. We appeared as co-counsel of record for defendant Riverside County Flood Control and Water Conservation District.
  • Moradi-Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal.3d 287.
Holding that a third party injured by an insured tortfeasor may not assert a statutory cause of action against the tortfeasor's insurance carrier for breach of the California Insurance Unfair Practices Act, thereby overruling Royal Globe Ins. Co. v. Superior Court. We appeared as amici curiae counsel on behalf of the National Association of Independent Insurers, the American Insurance Association, the Alliance of American Insurers, the Association of California Insurance Companies, and State Farm Insurance Companies in support of defendant.
  • Shamblin v. Brattain (1988) 44 Cal.3d 474.
Holding a defendant in default need produce only slight evidence of excusable neglect to justify obtaining relief from default in the trial court. We appeared as co-counsel of record for defendant Edwin Brattain.
  • King v. Meese (1987) 43 Cal.3d 1217.
Upholding the Financial Responsibility Act, which requires motorists to provide proof of liability insurance. We appeared as amici curiae counsel on behalf of the Association of California Insurance Companies and Alliance of American Insurers in support of defendants.
  • Hernandez v. County of Los Angeles (1986) 42 Cal.3d 1020.
Holding that the time for filing a minor's late claim application in an action against a governmental entity under the Tort Claims Act is not tolled for the minor's mental incapacity. We appeared as co-counsel of record for defendant County of Los Angeles.
  • Greenup v. Rodman (1986) 42 Cal.3d 822.
Holding that in all default judgments, the plaintiff's demand sets a ceiling on the plaintiff's recovery. We appeared as co-counsel of record for Rodman on the successful Petition For Review.
  • West Covina Hospital v. Superior Court (Tyus) (1986) 41 Cal.3d 846.
Holding that the Evidence Code section 1157 prohibition against testimony about hospital medical staff committee meetings extends only to compelled, not voluntary, testimony. We appeared as co-counsel of record for petitioner West Covina Hospital.
  • Coleman v. Gulf Ins. Group (1986) 41 Cal.3d 782.
Holding an insurance company could not be held liable for bad faith based on its decision to appeal an adverse judgment against its insured. We appeared as amici curiae counsel on behalf of the Association of California Insurance Companies, the National Association of Independent Insurers, the American Insurance Association, and the Alliance of American Insurers in support of defendants.
  • Cianci v. Superior Court (Poppingo) (1985) 40 Cal.3d 903.
Holding the anti-trust provisions of the California Cartwright Act do not apply to the medical profession. We appeared as amici curiae counsel on behalf of the California Medical Association and California Hospital Association in support of real parties in interest.
  • Waters v. Bourhis (1985) 40 Cal.3d 424.
Holding that the California Medical Injury Compensation Reform Act of 1975 (MICRA), which limits a health care provider's liability for professional negligence, did not apply to a psychiatrist who engaged in sexual conduct with a patient. We appeared as amici curiae counsel on behalf of the California Hospital Association and the California Medical Association in support of plaintiff.
  • Isbister v. Boys' Club of Santa Cruz, Inc. (1985) 40 Cal.3d 72.
Holding that the Unruh Civil Rights Act applies to youth groups. We appeared as amici curiae counsel on behalf of many boys' and girls' clubs throughout the United States in support of defendants.
  • Leoni v. State Bar (1985) 39 Cal.3d 609.
Holding that the First Amendment to the United States Constitution and the corresponding free speech provisions of the California Constitution do not prevent the State Bar from prohibiting misleading professional advertising by attorneys. We appeared as co-counsel of record on behalf of the petitioners Andrew Leoni, et al.
  • Fein v. Permanente Medical Group (1985) 38 Cal.3d 137.
Upholding the constitutionality of Civil Code section 3333.2, one of the provisions of MICRA, which limits pain and suffering awards in medical malpractice cases. We appeared as amici curiae counsel on behalf of the California Hospital Association in support of defendants.

  • Mann v. Cracchiolo (1985) 38 Cal.3d 18.
Discussing the standard for granting summary judgment in a medical malpractice case. We appeared as co-counsel of record on behalf of defendants Andrea Cracchiolo, et al.
  • Roa v. Lodi Medical Group, Inc. (1985) 37 Cal.3d 920.
Upholding the constitutionality of Business and Professions Code section 6146, one of the provisions of MICRA, which places a sliding scale limit on plaintiffs' attorneys fees in medical malpractice cases. We appeared as amici curiae counsel on behalf of the California Hospital Association in support of defendants.
  • Barme v. Wood (1984) 37 Cal.3d 174.
Upholding the constitutionality of Civil Code section 3333.1, subdivision (b), one of the provisions of MICRA, which substantially abolishes the collateral source rule in medical malpractice cases. We appeared as co-counsel of record on behalf of defendants Gayanne Wood, et al.
  • Seaman's Direct Buying Service, Inc. v. Standard Oil Co. (1984) 36 Cal.3d 752.
Holding that a tort action could be asserted against a defendant for breach of contract where the defendant has denied the existence of any contract without probable cause. We appeared as amici curiae counsel on behalf of Pet Foods in support of defendant.
  • Garcia v. Truck Insurance Exchange (1984) 36 Cal.3d 426.
Holding hospital's liability policy did not provide coverage for malpractice claims against independent contractor doctor. We appeared as co-counsel of record for defendant Truck Insurance Exchange.
  • American Bank & Trust Co. v. Community Hospital (1984) 36 Cal.3d 359.
Upholding the constitutionality of Code of Civil Procedure section 667.7, one of the provisions of MICRA, which provides for periodic payment of the future damages portion of a medical malpractice judgment. We appeared as amici curiae counsel on behalf of the California Hospital Association in support of defendant.
  • Moran v. Superior Court (Riccardo) (1983) 35 Cal.3d 229.
Upholding trial court's denial of motion to dismiss on ground case was not brought to trial within five years. We appeared as co-counsel of record on behalf of petitioners Drs. Moran and Storz, and the Lutheran Hospital Society.
  • Carson Mobilehome Park Owners' Assn. v. City of Carson (1983) 35 Cal.3d 184.
Upholding enforceability of rent control ordinance applying to mobile home park. We appeared as co-counsel of record on behalf of plaintiff Carson Mobilehome Park Owners' Association.
  • Middleton v. Imperial Insurance Company (1983) 34 Cal.3d 134.
Establishing scope of notice required to insured of carrier's insolvency. We appeared as amici curiae counsel in support of plaintiff.
  • Hasson v. Ford Motor Co. (1982) 32 Cal.3d 388.
Holding that the jury misconduct established in the case was not prejudicial. We appeared as co-counsel of record on behalf of plaintiff James Hasson.
  • Shepard & Morgan v. Lee & Daniel, Inc. (1982) 31 Cal.3d 256.
Holding that an admission made by a defendant to the plaintiff could not be asserted against the defendant by a co-defendant in an action on a cross-complaint. We appeared as co-counsel of record on behalf of cross-complainant Shepard & Morgan.
  • Turpin v. Sortini (1982) 31 Cal.3d 220.
Holding in a "wrongful life" case that a plaintiff child cannot recover general damages, but could recover special damages resulting from birth defect. We appeared as amici curiae counsel in support of defendants.
  • Farmers Ins. Exchange v. Cocking (1981) 29 Cal.3d 383.
Upholding the constitutionality of the family exclusion in auto policies, which are authorized by Insurance Code section 11580.1, subdivision (c). We appeared as co-counsel of record on behalf of plaintiff Farmers Insurance Exchange.

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