Valerie A. Moore and Kathleen E.M. Moriarty | Haight Brown & Bonesteel In Wexler v. California Fair Plan Association (No. 303100, filed 4/14/21), Brooke Wexler’s parents insured their residence, which was located in a mountainous high-fire risk area, with a California FAIR Plan Association owner-occupied dwelling policy. The policy only listed Wexler’s parents and did not name… Continue reading Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy
Tag: california
California Court of Appeal Addresses Right to Repair Statute
Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently issued a decision analyzing the application of the Right to Repair Act1 as applied to a company that provided an allegedly defective product in a residential construction project. In State Farm General Insurance Co. v. Oetiker, Inc., 58 Cal.App.5th 940 (2020), the court concluded that… Continue reading California Court of Appeal Addresses Right to Repair Statute
Close Enough Only Counts in Horseshoes and Hand Grenades
Garret Murai | California Construction Law Blog In State Farm General Insurance Company v. Oetiker, Inc., Case No. B302348 (December 18, 2020), a manufacturer sued in subrogation action under the Right to Repair Act almost got away. Almost. The Oetiker Case James and Jennifer Philson’s home was substantially completed, and a notice of completion was recorded,… Continue reading Close Enough Only Counts in Horseshoes and Hand Grenades
California Court of Appeal Addresses Remedies When Contractor Records Invalid Mechanic’s Lien
Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently discussed an owner’s remedies (and some limits to those remedies) when a contractor improperly records a mechanic’s lien. According to the court’s analysis, the owner’s primary remedy will generally be removal of the offending lien. Seeking damages, on the other hand, can backfire… Continue reading California Court of Appeal Addresses Remedies When Contractor Records Invalid Mechanic’s Lien
If I Released My California Mechanics Lien, Can I File a New Mechanics Lien on the Same Project? Will the New Mechanics Lien be Enforceable?
William L. Porter | Porter Law Group In general, the answer to the above questions is “Yes”, but only if you meet the following requirements: You must only release the mechanics lien itself, but not the “right” to a mechanics lien: There is an important distinction to be made between releasing a mechanics lien and… Continue reading If I Released My California Mechanics Lien, Can I File a New Mechanics Lien on the Same Project? Will the New Mechanics Lien be Enforceable?