The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
In seeking indemnity under an express contractual indemnity clause, an indemnitee is not limited to either the pleadings or proof the claimant presented in the underlying negligence action. Read More
In dispute between HOA and homeowner over improvements to homeowner’s patio, HOA prevailed and was therefore entitled to mandatory fee award under Civ. Code 5975(c), but only for portion of attorney’s fees incurred after the homeowner failed to complete agreed changes within the 60 days allowed under the parties’ settlement agreement. Read More
Even though a federal defense contract required use of boxes only plaintiff made, plaintiff was not a third party beneficiary of the contract because neither contracting party intended to grant plaintiff enforceable rights under the contract. Read More
A contract for a fee for alerting an owner to escheatable property is void as against public policy if entered into between the time a holder reports escheated property to the state and the date the holder transfers that property to the state. Read More
