-
Tipton-Whittingham
v. City of Los Angeles, 34 Cal.4th 604 (2004). The California Supreme
Court held that in order to obtain an attorneys' fees award under
the catalyst theory, absent a judicially recognized change in the
legal relationship between the parties, plaintiff must establish that
the lawsuit was the catalyst that motivated defendants to provide
the primary relief sought. The Court further held that the award may
not generally be obtained under the catalyst theory merely based on
the acceleration of ongoing remedial measures by a public entity defendant.
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Metropolitan
Water District of Southern California v. Dewayne Cargill, 32 Cal.4th
491(2004). The California Supreme Court held that the Public Employees'
Retirement Law ("PERL") incorporates common law principles
into its definition for a contracting agency employee, and that PERL
requires contracting public agencies to enroll in CalPERS all common
law employees except those excluded under a specific statutory or
contractual provision.
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Henkel
Corporation v. Hartford Accident and Indemnity Co., 29 Cal.4th 934
(2003). The California Supreme Court held that the assignment of an
insurance policy's benefits to a successor company requires the consent
of the insurer unless the case falls within one of the following exceptions:
the successor company's liability for products producing injury arises
by operation of law; there is a consideration or merger of the two
companies; there is a virtual destruction of the injured party's remedies
against the predecessor company; and/or where a statute imposes liability
upon the successor company without regard to contract.
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Mobley
v. Los Angeles Unified School District, et al., 90 Cal.App.4th 1221
(2001). The Court affirmed the LAUSD's demurrer to plaintiff's Writ
Petition for Administrative Mandamus since it was barred by the statute
of limitations set forth in the California Government Code and United
States Code Section 1983.
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State
of California v. Superior Court, 78 Cal.App.4th 1019 (2000). The Court
held that the State of California did not own the groundwater, making
the owned property exclusion inapplicable.
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San
Mateo Community College District v. Half Moon Bay Limited Partnership,
65 Cal.App.4th 401 (1998). The Court held that the determinable term
of an oil and gas lease is not extended by the force majeure clause.
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SAIC
v. Superior Court, 39 Cal.App.4th 1095 (1995). The Court of Appeal
recognized the right of litigants to recover certain innovative litigation
costs.
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City
of Moorpark v. Moorpark Unified School District, 54 Cal.3d 921 (1991).
In a matter of first impression, the California Supreme Court (in
a 7-0 decision) held that school districts were not under a mandatory
duty to sell surplus school property to interested governmental entities
pursuant to the Naylor Act. (Education Code Section 39390, et seq.)
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Selma
Pressure Treating Company, Inc. v. Osmose Wood Preserving, Inc., 221
Cal.App.3d 1601 (1990). The Court held that, in public nuisances involving
groundwater contamination, comparative equitable indemnity may be
sought from suppliers of materials contributing to the creation or
maintenance of such nuisances.
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Moorpark
Unified School District v. Superior Court, 223 Cal.App.3d 954 (1990).
In a case of first impression, the Court of Appeal ruled that a public
entity has the right to cross-complain against the City in a redevelopment
action.
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Okun
v. Morton, 203 Cal.App.3d 805 (1988). The Appellate Court affirmed
the ownership interest and attendant rights of an investor in the
Hard Rock Café restaurants based upon a 1982 agreement. The
Court further ruled that the 1982 agreement applied to all future
Hard Rock Café developments, and was not an illusory "agreement
to agree" as argued by defendants.
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United
States v. Malis, 737 F.2d 1511 (9th Cir. 1984). The Court held that
an attorney was entitled to an evidentiary hearing on his privilege
assertion, prior to the production of any documents pursuant to the
IRS summons. Upon remand to the U.S. District Court, the privilege
assertion was upheld, and no documents were produced.
