New Business & Professions Code Case
New CA Business & Professions Code Case
When a contractor’s workers’ compensation coverage is cancelled because the contractor refuses to pay outstanding premiums due, is this due to circumstances beyond its control?
Last month, the California Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:
American Building Innovations v. Balfour Beatty Construction (2024) _ Cal.App.5th _ , 2024 WL 4020024: The Court of Appeal affirmed the trial court’s decision, following a bench trial on one of defendant’s affirmative defenses, concluding that plaintiff was not “a duly licensed contractor at all times during the performance” and therefore could not bring or maintain this action or recover compensation for its work. Plaintiff had workers compensation coverage when it began working on a project, but the carrier cancelled the policy when plaintiff refused to pay outstanding premiums charged on a...
Trial Alchemy™ Podcast Tips for Effective Law and Motion and Discovery
In Podcast #13 of Trial Alchemy™, I interviewed ABOTA member and outstanding retired civil trial judge Hon. Jeffrey B. Barton.
Click on the video above to hear Judge Barton's tips for effective Law and Motion and Discovery Motions.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch and listen to the podcast on YouTube, click here.
Civil Trial Services
I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential...
New CA PAGA/Employment Case
New CA PAGA/Employment Case
Can PAGA plaintiffs in other PAGA actions intervene in a PAGA action
to object to a settlement and seek to vacate the judgment?
Last month, the California Supreme Court addressed this issue. Below is my one-paragraph summary of this new decision:
Turrieta v. Lyft, Inc. (2024) _ Cal.5th _ , 2024 WL 3611975: The California Supreme Court affirmed the Court of Appeal’s decision that had affirmed the trial court’s order denying motions, by other employees who had filed separate PAGA actions against defendant employer, to intervene in this PAGA action and submit objections to the settlement and to vacate the judgment. This case involved what has become a common scenario in PAGA litigation: multiple persons claiming to be an “aggrieved employee” within the meaning of PAGA file separate and independent lawsuits seeking recovery of civil penalties from the same employer for the same alleged Labor Code violations....
Trial Alchemy™ Podcast: Hon. Jeffrey B. Barton (Ret.)
In Podcast Episode #13 of Trial Alchemy™, I interview ABOTA member and outstanding civil trial judge Hon. Jeffrey B. Barton (Ret.). Listen today to learn from a trial expert.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch and listen to the podcast on YouTube, click here.
Do well and be well.
Best regards,
Monty A. McIntyre, Esq.
Business, Insurance Bad Faith, Real Property and Tort Litigation.
Master Lawyer Mentoring™: Trial training & associate training
Podcaster: Trial Alchemy™
Publisher: California Case Summaries™
CA attorney since 1980. ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312.
Email: [email protected]
Trial Alchemy™ Podcast Tip: Preparing for Trial.
In Podcast #12 of Trial Alchemy™, I interviewed ABOTA member and outstanding defense lawyer Bob Juskie, Esq.
Click on the video above to hear Bob talk about how he prepares for trial.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch the podcast on YouTube, click here.
Civil Trial Services
I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at ...
New CA Torts Case
New CA Tort Case
Can a plaintiff recover emotional distress damages under Dillon v. Legg if, at the
time of the car crash, she was not aware of the causal connection between
her daughter's injuries and the defendants' alleged negligence?
Last month, the California Supreme Court addressed this issue. Below is my one-paragraph summary of this new decision:
Downey v. City of Riverside (2024) _ Cal.5th _ , 2024 WL 3491142: The California Supreme Court reversed the Court of Appeal’s order affirming the trial court’s orders sustaining defendants’ demurrer, without leave to amend, to plaintiff’s complaint alleging negligence under Dillon v. Legg (1968) 68 Cal.2d 728 (Dillon). Plaintiff, the mother of daughter Jayde Downey, was giving driving directions to her daughter over a cell phone and heard the event when her daughter was severely injured in a car crash. The trial court, and later the Court of Appeal, concluded that plaintiff could...
Trial Alchemy™ podcast tip: Use the Opportunist argument in plaintiff auto PI cases
In Podcast #11 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff lawyer Eric Traut, Esq.
Click on the video above to hear Eric talk about the Opportunist argument that he makes in plaintiff auto PI cases.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch the podcast on YouTube, click here.
I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential...
New CA PAGA Employment Case
New CA PAGA Employment Case
How much detail about other aggrieved employees must
a PAGA plaintiff include in the prelitigation notice?
Last month, the Second District Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:
Ibarra v. Chuy & Sons Labor, Inc. (2024) _ Cal.App.5th _ , 2024 WL 3037693: The Court of Appeal reversed the trial court’s order granting defendants’ motion for judgment on the pleadings in plaintiff’s action alleging a Private Attorneys General Act of 2004 (PAGA; Lab. Code, § 2698 et seq.) on behalf of herself and other and all current and former non-exempt aggrieved employees of defendants in the State of California. The trial court granted the motion for judgment on the pleadings, concluding that plaintiff’s prelitigation notice to her employers and the Labor Workforce and Development Agency was deficient under Labor Code section 2699.3 because it did not clearly define the aggrieved...
Trial Alchemy™ podcast tip: Use 6th grade English!
In Podcast #9 of Trial Alchemy™, I interviewed ABOTA member and outstanding plaintiff lawyer Bill Shapiro. who will be the 2026 National President of the American Board of Trial Advocates.
Click on the video above to hear Bill talk about using 6th grade English to communicate effectively with your jury.
Click here to listen to complete podcast.
To listen to the podcast on Spotify, click here.
To listen to the podcast on Apple, click here.
To watch the podcast on YouTube, click here.
I handle a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big...
When an independent calendar judge sends a case to the "wheel" for trial, when must a peremptory challenge be filed re the new trial judge?
New CA Civil Procedure Case
When an independent calendar judge sends a case to the "wheel" for trial,
when must a peremptory challenge be filed re the new trial judge?
Last month, the Fourth District Court of Appeal addressed this issue. Below is my one-paragraph summary of this new decision:
Lorch v. Superior Court of San Diego County (2024) _ Cal.App.5th _ , 2024 WL 2205292: The Court of Appeal granted a writ petition seeking to overturn the trial court’s order denying plaintiff’s Code of Civil Procedure section 170.6 peremptory challenge to Judge Timothy B. Taylor, the judge newly assigned to preside over the trial of her case. Judge Taylor ruled that the peremptory challenge was untimely under the master calendar rule, which requires a party to file a section 170.6 challenge to the judge supervising the master calendar not later than the time the cause is assigned for trial.” (§ 170.6(a)(2).) After denying the peremptory challenge and refusing to stay...
