THE SAVING GRACES OF PREMISES LIABILITY RELEASES (August 2025)
A recent case decided by the California Court of Appeal, Diamond v. Schweitzer, is encouraging for HOAs seeking to limit their exposure to premises liability. In that case, the Plaintiff suffered severe injuries during an altercation in the restricted pit area at Bakersfield Speedway. He sued the Speedway for negligence in failing to provide reasonable security,…
CHALK UP ANOTHER ONE FOR LANDLORDS (September 2025)
A very recent case, Gogal v. Deng, is very helpful to landlords whose leases waive, either altogether or by limiting the maximum amount, the recovery of litigation costs by the prevailing party. By statute (Code of Civil Procedure section 1032), the prevailing party in litigation is automatically entitled to an award of certain enumerated litigation…
EXCULPATORY CLAUSES AND THE JUDICIAL DEFERENCE AND BUSINESS JUDGEMENT RULES (October 2025)
The Court of Appeals has further defined the rule of judicial deference and the business judgement rule in a very recent case, Ridley v. Rancho Palma Grande Homeowners Association. As described by the court, the judicial deference rule protects against liability for Board decisions concerning maintenance and repair of common areas if, among other things, the…
BLOW TO CONSTRUCTION RETENTIONS (October 2025)
One of the protections in the construction contract tool box, for owners contracting with contractors and contractors contracting with sub-contractors, is the payment retention by which a portion (typically 10 percent) of each progress payment is held back until the project is completed. The retention incentivizes contractors to complete the project, including punch-list items, as…
Anti-SLAPP & HOAs (November 2025)
Anti-SLAPP protection against abusive lawsuits has again arisen in the HOA context. Lawsuits have been misused to discourage or hinder participation in debates over issues of public interest. Suing opponents could discourage participation in the debate or distract opponents from the issue at hand. The anti-SLAPP (Strategic Lawsuits Against Public Participation) statute was enacted to…
FALLING BABIES & LANDLORD LIABILITY (November 2025)
A recent case, Jimenez v. Hayes Apartment Homes, LLC, involved a tragic accident in which two small children, ages 4 and 2, fell out of a second story apartment window where they lived with their mother. Both children suffered brain injuries, one permanent brain damage. They sued the landlord and property manager for not installing a…