The Privette doctrine, so-called because of a case of the same name, Privette v. Superior Court , 5 Cal.4th 698 (1993), provides a rebuttable presumption that…
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Motion for Summary Judgment Gets Pooped Upon
By Garret Murai
I’ve read some crappy motions over the years, some of which opposing counsel might even attribute to me, but I don’t think I’ve ever written about…
If You Can’t Dazzle Em’ With Brilliance, Baffle Em’ With BS: Apprentices on Public Works Projects
By Garret Murai
The “Big Four” when it comes to public works contracting on state and local projects in California are: Registration with the California Department of Industrial Relations…
Hirers Must Affirmatively Exercise Retained Control to be Liable Under Hooker Exception to Privette Doctrine
By Garret Murai
Don’t drink and drive people. I mean seriously. It’s been over 40 years since California native Candace Lightner formed Mothers Against Drunk Driving in 1980 after…
The Privette Doctrine, the Hooker Exception, and an Attack at a Construction Site
By Garret Murai
You don’t often hear about workers being attacked by ne’er-do-wells on a construction project. But, as they say, shite happens . . . Construction contracts often…
California Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous Conditions
By Garret Murai
Get ready for more street signage. The California Supreme Court, in Tansavatdi v. City of Rancho Palos Verdes, (2023) 14 Cal.5th 639, has held that Government Code…
Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim
By Garret Murai
If you’re a regularly reader of the California Construction Law Blog you’re aware of Business and Professions Code section 7031 which courts have variously described as…
Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice
By Garret Murai
Generally, I think restraint in litigation is a good thing. Don’t go crazy on your claims, don’t go nut-so in your discovery, and don’t present your…
“Incidental” Versus “Direct” Third Party Beneficiaries Under Insurance Policies in Which a Party is Not an Additional Insured
By Garret Murai
As they say, when it rains, it pours. Indemnity and insurance are the “Big Two” when it comes to risk avoidance on construction projects. The next…
Summary Judgment in Favor of General Contractor Under Privette Doctrine Overturned: Lessons Learned
By Garret Murai
It seems like we’ve been seeing a lot of Privette doctrine cases recently. Here’s another, Brown v. Beach House Design & Development, 85 Cal.App.5th 516 (2002),…