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Author: GibbsGiden

  •     New Insurance Case:  Owners’ Insurance Barred in Reimbursement Action against Tenant. Lesson:  Properly Specifying Insureds Can Avoid Costly Disputes and Litigation. The Western Heritage Ins. Co. v. Frances Todd, Inc. (2019 Cal.App. LEXIS 299 / 2019 WL 1450731) case has potential implications for insurance carriers, policyholders, condominium associations, unit owners, landlords and tenants.  The case involves a fire at a commercial condominium complex (the “Association”).  The Association’s CC&Rs required the Association to purchase a master fire insurance policy for the benefit of the Association and owners, with a waiver of subrogation endorsement that stated the insurance company could not seek […]

  • In 2016, Yahoo announced that a data breach resulted in the compromise of 500 million users’ names, email addresses, dates of birth, and telephone numbers. In 2017, Equifax, one of the largest credit bureaus in the United States, reported that 143 million consumers had a mixed bag of their personal information exposed: social security numbers, birth dates, addresses, driver’s license numbers and/or credit card information – take your pick. In 2018, two years after acquiring Starwood, Marriott discovered that cyber attackers had been squatting in the Starwood database since 2016, resulting in stolen data of another 500 million customers. Fast […]

  • Make Sure The General Release Language In Your Settlement Agreement Is Current. As of January 1, 2019, Senate Bill No. 1431 (“SB 1431”) amended California Civil Code Section 1542 as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Previously Section 1542 read as follows: “A general release does not extend to claims which the creditor or releasing party does not know or […]

  • On all subcontracts entered into after January 1, 2018, direct contractors (such as general contractors, home-builders, and builders/developers) could become liable for unpaid wages of employees of subcontractors on private projects under the new California Labor Code § 218.7 (AB1701). This could also impact subcontractors who are liable to direct contractors for sub-subcontractors who fail to pay their employees. Although the new law allows direct contractors to request payroll information from subcontractors, direct contractors could get stuck paying twice for work if the subcontractor’s information is inaccurate, false, or incomplete. Therefore, the only certain way for direct contractors to avoid […]

  • Direct Contractors to Assume Liability for Unpaid Wages by Subcontractors on Private Works That’s right–direct contractor liability just increased. Assembly Bill 1701, which adds section 218.7 to the Labor Code, imposes liability on direct contractors for any unpaid wages or fringe benefits owed by a defaulting subcontractor, even if the subcontractor has been paid in full. Here’s a breakdown of the law, which goes into effect on January 1, 2018: Who is Impacted?  Labor Code section 218.7 applies to any private works direct contractor, meaning “the [contractor] that has a direct contractual relationship with the owner.” Cal. Civ. Code § […]