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Liability Reform Insider

Liability Reform Insider

About the Insider

Overview

Liability Reform Insider is CJAC’s regular update of developments in the California Legislature, appellate courts, and more impacting civil liability.

To receive Liability Reform Insider in your email box, subscribe for free by clicking the box to the right.

Want weekly legislative updates and even more inside information on Sacramento happenings? Become a CJAC member. Visit our Membership page for more information.

Article

CJAC Fights Triple Threat Bills Down to the Wire

This year’s legislative session wrapped up late on Friday, September 10, and unfortunately several remaining Triple Threat Bills CJAC opposed during the last weeks of session were sent to the governor’s desk. CJAC will continue to advocate to the Governor’s office to veto these measures.

Governor Newsom has until October 10, 2021, to sign or veto these bills.
 

Article

CJAC Victory: Double Win in Contractor Liability Cases

Two significant cases impacting contractor liability received favorable back-to-back California Supreme Court rulings. CJAC advocated in support of the rulings in both cases with amicus briefs. 

After a long wait, the California Supreme Court issued an opinion in Gonzalez v. Mathis in August that said when a homeowner (singing legend Johnny Mathis, in this case) hires a contractor, they delegate the responsibility for workplace safety to the contractor and should not be expected to take measures providing protection against a known hazard. 

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Court of Appeals Releases Opinion on ‘Reasonable Value’ of Medical Services

On August 11, the Second Appellate District, Div. Eight, released a disappointing opinion in Qaadir v. Figueroa, et al., B306011. 
 
The issue: How should a trial court determine the “reasonable value” of medical services for a plaintiff who eschews existing health plan coverage and instead obtains treatment from out-of-plan medical providers who charge hyper-inflated prices in return for a lien on the plaintiff’s litigation recovery?
 

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CA Supreme Court Takes a Pass on Needed Product Disclosure Duty Guidance

On July 14, the California Supreme Court denied review in Scott Nalick v. Seagate Technology, S268227. In June, CJAC submitted a letter brief to the Court urging review.
 
The issue: In a lawsuit under California’s Consumer Legal Remedies Act and Unfair Competition Law based on a material omission by the defendant about its product, must a plaintiff allege and show a safety issue connected to that omission? 
 

Article

State Bar Names New Chief Trial Counsel

After months of vacancy, the State Bar of California appointed a new Chief Trial Counsel on August 27, 2021, according to a press release. Long-time prosecutor George S. Cardona will lead the Office of Chief Trial Counsel, where he will oversee investigations and prosecution in disciplinary matters. Cardona is expected to start October 4, 2021, pending Senate confirmation. 

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AG Candidate Anne Marie Schubert Raises $1 Million

CJAC Liability Reform Insider (July 2021) – Sacramento District Attorney Anne Marie Schubert has raised $1 million for her 2022 campaign for attorney general since announcing her candidacy two months ago, the Sacramento Bee reported. She is running on a non-partisan, victim-centered platform and said her donors span the political spectrum. She is well known for her role in taking down the Golden State Killer.

Article

Serial ADA Lawsuit Filer Remains Fast and Furious

CJAC Liability Reform Insider (July 2021) – Sacramento attorney Scott Johnson, who is known for his serial filings of lawsuits for ADA violations around the Sacramento region and the Bay Area, has shown no signs of slowing down in recent months.

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State Bar Admits to Mistakes with Girardi Complaints

CJAC Liability Reform Insider (July 2021) – After being called out in a scandalous exposé from the L.A. Times in March, the State Bar of California is now admitting it mishandled its investigation into hundreds of lawsuits and years of complaints against famed attorney Tom Girardi.

Moving forward, the bar may implement tools and processes to better track patterns that could signal misconduct. The agency is also working to disbar Girardi, who has been diagnosed with Alzheimer’s and reportedly does not plan to contest the action or practice law again.

Article

CA Nonprofit Donor Disclosure Requirement Struck Down

CJAC Liability Reform Insider (July 2021) – In a 6-3 ruling, the U.S. Supreme Court recently struck down a California law that requires charities and nonprofits operating in the state to disclose information on top donors to the Attorney General’s office.
 

Article

CJAC Win
Bill Targeting Scooter Companies Stalled

CJAC Liability Reform Insider (July 2021) – AB 371 (Jones-Sawyer), a bill that creates an unnecessary shift of liability for the reckless acts of riders of scooters and other mobility devices to the mobility device companies, is now a two-year bill.

Article

ISPs Shouldn’t Be Responsible for Prop 65 Warnings

CJAC Liability Reform Insider (July 2021) – CJAC filed an amicus brief on June 7 in the First Appellate District, Div. Two in Lee v. Amazon.com, Inc., A158275.
 
The issue: Does the federal Communications Decency Act (CDA) shield an internet service provider (ISP) like Amazon from liability for not adding a warning of its own to correct the failure by third-party sellers to furnish a Proposition 65 warning about the potential toxicity of products they place for sale on the ISP’s website?
 

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Longtime CA Appellate Justices Bigelow, Benke Retiring

CJAC Liability Reform Insider (July 2021) – Presiding Justice Tricia A. Bigelow, who serves the Second District Court of Appeal, Division Eight, retired effective June 30 after 35 years of public service in California. Bigelow was confirmed to her position in 2010 after serving as an associate justice for the division. She’s received two prestigious legal awards and has authored several publications during her career. 
 

Article

CA Supreme Court Declines to Review Safety Issues under UCL and CLRA

CJAC Liability Reform Insider (July 2021) – On July 14, the California Supreme Court denied review in Scott Nalick v. Seagate Technology, S268227. Last month, CJAC submitted a letter brief to the Court urging review.
 
The issue: In a lawsuit under California’s Consumer Legal Remedies Act and Unfair Competition Law based on a material omission by the defendant about its product, must a plaintiff allege and show a safety issue connected to that omission? 
 

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