Developments of Interest

New Cases of Interest - January 3, 2019

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01/03/2019

1550 Laurel Owner’s Assn., Inc. v. Appellate Division of Superior Court (2018) 28 Cal.App.5th 1146.  This is a SLAPP case.  An owners’ association had initiated a limited civil case for breach of a settlement agreement.  The party against whom the action was initiated filed a SLAPP motion contending the association’s claim arose out of protected petitioning activity.  The trial court denied the motion on the basis that the motion was not permitted in a limited civil case.  The appellate division of the superior court reached the opposite conclusion.

The court of appeal concluded that the language of CCP § 92(d) precludes the filing of a SLAPP motion in a limited civil case.  The language of CCP § 452.16 did not modify § 92(d) and its restrictions in limited civil cases.

SI 59 LLC v. Variel Warner Ventures, LLC (2018) 29 Cal.App.5th 146.  This was a case involving the scope of a general release in a purchase agreement which was raised as a defense after the purchaser of an apartment complex alleged various defects in the complex.  The court found that the general release barred a negligence claim against the general contractor and Civil Code § 1668 did not prohibit the application of the general release with respect to negligence which had previously occurred, even if that negligence may have future consequences. 

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