Berman, Berman, Berman, Schneider & Lowary LLP
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In Bean v. Pacific Coast Elevator Corp., 234 Cal. App. 4th 1423 (Ct. App. 4th 2015), the appellate court held that under California Civil Code §3291, prejudgment interest may not be awarded on costs, only on personal injury damages.
In Coastal Surgical Institute v. Charles Blevins, a recent case of first impression, the California Court of Appeals held that the tolling provisions of Insurance Code §11583 apply to the one-year statute of limitations period for medical malpractice actions.
In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP, a landmark decision, the California Supreme Court greatly expanded the scope of duty owed by design professionals to third party purchasers. The Supreme Court justices unanimously held that a principal architect of new residential construction can be held liable to the eventual purchasers of those residences, and their associations, for negligently prepared plans.
In a recent decision from the Ninth Circuit Court of Appeals, Family PAC v. Ferguson, the Court held, as a matter of first impression, that “the term ‘costs’ under Rule 39 of the Federal Rules of Appellate Procedure does not include attorney’s fees recoverable as part of costs under 42 U.S.C. § 1988 and similar statutes.”[i] The decision leaves unanswered an important question: what was the Ninth Circuit referring to in the phrase “similar statutes?” This uncertainty begs further clarification which will undoubtedly be revealed through future litigation. The decision continues a circuit split on the issue which may require intervention by the United States Supreme Court.
It was high praise from opposing counsel — a not-frequent-enough occurrence in the legal industry. That’s what Berman, Berman, Berman, Schneider & Lowary’s Stephanie Schneider received from attorney John F. Stewart of Covina, California, following a resolution in the case of Bobbie Warburton vs. E.B. Janitorial, Inc., et al.