Nevada Law Limits Duty Owed To Trespassers

For more than 20 years, Nevada was among the minority of states which required the possessor of land to protect every person who entered upon their property, including trespassers.  This meant that the same duty of care was owed to a trespasser as to an invited guest.  Under Moody v. Manny’s Auto Repair, 871 P.2d 935 (Nev. 1994), injured trespassers successfully sued land possessors by proving that a dangerous condition existed that the possessors knew, or should have known about, but for which they failed to take corrective action or properly warn. Read More

Will Consumer Protection Plans Be Regulated Under The Insurance Code?

In Heckart v. A-1 Self Storage, the California Supreme Court will review whether provisions of a self-storage Rental Agreement, including a Protection Plan offered by the facility, meet the definition of “insurance” and are therefore subject to regulation under the Insurance Code.

In this case, Mr. Heckart rented a storage unit from A-1 Self Storage.  The Rental Agreement provided that, among other things, Mr. Heckart was to maintain a policy of insurance.  Read More

California HOAs Can Regulate Short Term Rentals

In Ken Watts, et al. v. Oak Shores Community Association, homeowners brought an action against their Homeowners’ Association (“HOA”) challenging new rules it had imposed on short-term rentals.  These rules required a seven day minimum rental period; an annual fee of $325 for each short-term rental unit; a limit on the number of automobiles, boats, and other watercraft renters could bring into the complex; and the imposition of various garbage and other fees.  Read More

Delivery Driver’s Personal Injury Action Barred By Assumption Of Risk

In Stephen Moore v. William Jessup University, plaintiff Stephen Moore (“Moore”), a United Parcel Service (“UPS”) delivery driver, was injured when he lifted a box with a shipping label prepared by defendant William Jessup University (“University”) that inaccurately stated the weight of the box.  The trial court granted summary judgment in favor of the University on Moore’s sole cause of action for negligence.  In rendering its decision, the court found that the University owed Moore no legal duty of care and that the doctrine of primary assumption of risk barred Moore’s action.  Read More

Objecting Class Member Lacks Standing To Appeal

In Hernandez v. Restoration Hardware, Inc., the class representatives alleged that Restoration Hardware (“RHI”) had committed numerous violations of California Civil Code section 1747.08, also known as the Song-Beverly Credit Card Act, for requesting and recording ZIP codes from consumers who used a credit card in purchase transactions in RHI’s California retail stores.  After years of litigation, the court certified the case as a class-action, appointed Michael Hernandez and Amanda Georgino as class representatives (collectively referred to as “Hernandez”), and appointed counsel for the class. Read More