The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, March 16, 2016. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.
Review Granted
Heckart v. A-1 Self Storage, S232322 – Review Granted – March 16, 2016
This case presents the following issue: Was a self-storage facility’s storage rental agreement, which included provisions arguably meeting the definition of “insurance” (see Ins. Code, §§ 22, 1758.75), subject to regulation under the Insurance Code when the principal purpose of the agreement was the rental of storage space rather than the shifting and distribution of risk?
The Court of Appeal, Fourth District, Division One, held in a published decision, Heckart v. A-1 Self Storage, Inc. (2015) 243 Cal.App.4th 525, that: (1) the storage facility’s rental agreement was not an “insurance contract” subject to regulation under the Insurance Code, and (2) the agreement was not a contract for the “sale or lease of goods or services” within the meaning of the Consumers Legal Remedies Act.
United Riggers & Erectors v. Coast Iron & Steel Co., S231549 – Review Granted – March 16, 2016
The Court limited review to the following issue: May a contractor withhold retention payments when there is a good faith dispute of any kind between the contractor and a subcontractor, or only when the dispute relates to the retention itself?
The Court of Appeal, Second District, Division One, held in a published decision, United Riggers & Erectors, Inc. v. Coast Iron & Steel Co. (2015) 243 Cal.App.4th 151, that a contractor may withhold a retention payment only when the dispute with the subcontractor relates to the retention itself.
Review Denied (with dissenting justices)
None.
Depublished
None.
