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LLF Prevents Lawsuit with Right to Repair Act

10/25/2019

The California Right to Repair Act (“the Act”), Civil Code § 895 et seq., provides a comprehensive list of residential construction standards and legal remedies to homeowners for a builder’s violation of these standards. The Act requires homeowners to give the builder notice of alleged violations and provides the builder the right to inspect and repair defects at the builder’s option, so long as the right is exercised within reasonable time limits (Civil Code §§ 910, 912).

In most multi-family dwellings, such as condominium buildings, lawyers for the homeowners are involved early and are familiar with the proper procedures where there is an alleged violation of the Act. For single family homes, however, a homeowner generally makes a claim to his/her homeowner’s insurer, and that insurer usually makes necessary repairs, if covered, promptly. When an insurer undertakes the repair, it may fail to give the builder the required notice and opportunity to inspect and repair as required by Act.

This is exactly what occurred in a recent matter Livingston Law Firm handled. The homeowners claimed their pool house was flooded and the floors and cabinets damaged due to builder negligence. While the homeowner’s insurer did give the builder notice of the loss, the insurer made repairs without informing the builder it was doing so or giving the builder the opportunity to repair. While our client, the builder, disputed liability, the failure of the insurer to give the builder the right to repair was a complete defense to the claim. When all the facts were presented, the homeowner’s insurer withdrew its claim.

LLF attends NAMWOLF AnnuaL Meeting in Los Angeles

10/4/2019

Livingston Law Firm showed up in force for the 2019 annual meeting of the National Association of Minority and Women Owned Law Firms (NAMWOLF) in Los Angeles, California last month. Renée Welze Livingston, Crystal L. Van Der Putten and John C. Hentschel joined over 900 law firm member attorneys, in-house counsel and other legal professionals from around the United States for three days of legal education, networking and fun. On behalf of the Trial Practice Committee, Ms. Livingston led a lively CLE panel entitled, Shark Tank: Sink or Swim at Trial, that focused on best practices for lawyers and in-house counsel during trial.

NAMWOLF is a nonprofit trade association that promotes diversity in the legal profession by fostering successful relationships among preeminent minority and women owned law firms and private and public entities. It is one of the most powerful networks in the industry to connect in-house counsel with highly-qualified women and minority firms. To learn more about NAMWOLF please visit www.namwolf.org.

International Society of Barristers Invites Renée Welze Livingston into Fellowship

7/15/2019

Renée Welze Livingston was unanimously approved for Fellowship in the prestigious International Society of Barristers. The Society is comprised of less than 750 lawyers adjudged by their peers and judges to be “outstanding in the field of advocacy” and to possess “excellent character and integrity of the highest order.” Renée is one of just 75 active Fellows in California to be honored with this distinction. More information about ISOB can be found at www.isob.com.

Craig A. Livingston and Crystal L. Van Der Putten File Amicus Curiae Brief in the Fourth Circuit Court of Appeals

7/3/2019

This week, shareholders Craig A. Livingston and Crystal L. Van Der Putten filed an amicus curiae brief with the United States Court of Appeals for the Fourth Circuit on behalf of LLF client, The National Shooting Sports Foundation, Inc. The brief supports a constitutional challenge by Plaintiffs-Appellants (who include individuals and organizations/businesses) to that portion of Maryland’s Firearms Safety Act of 2013 which requires individuals to obtain special licensing to purchase a handgun. At the trial court level, the United States District Court for the District of Maryland summarily adjudicated the claims against Plaintiffs-Appellants on the basis they lacked legal standing to prosecute their claims – never even reaching the question of whether Maryland’s Handgun License Requirement (“HLR”) passed constitutional muster. The NSSF amicus brief addresses the standing issue but primarily argues the Second Amendment protects the right to sell firearms (either as a freestanding right or an ancillary right) following the seminal opinions of District of Columbia v. Heller and McDonald v. City of Chicago. Second Amendment jurisprudence has historically focused on the right to keep and bear firearms. The brief argues that because the HLR operates as a complete ban on the right to sell handguns to individuals who do not obtain the required license, it severely burdens conduct the Second Amendment protects – lawful commerce in arms – it should therefore be subjected to a strict scrutiny review.

Livingston Law Firm Proudly Announces 2019 Super Lawyers

7/1/2019

Renée Welze Livingston

Craig A. Livingston

Crystal L. Van Der Putten

Livingston Law Firm shareholders Renée Welze Livingston, Craig A. Livingston and Crystal L. Van Der Putten were selected as 2019 Northern California Super Lawyers. No more than five percent of practicing regional attorneys are named to this prestigious list. This year marks Renée's 9th on the Super Lawyer list for her distinguished work in civil litigation defense. Craig has been recognized for 11 years for his product liability defense work. After multiple years as a Rising Star, Crystal has been named a Super Lawyer in recognition of her civil litigation defense work.

Super Lawyers, a Thomson Reuters-owned rating service, evaluates highly-regarded attorneys from more than 70 practice areas through a multi-phase process. Each year, attorneys are selected for inclusion on regional lists based upon peer nominations, peer evaluations and the service's own independent research. The annual Northern California Super Lawyers list is published in Super Lawyers Magazine (Northern California edition) and is available online at www.superlawyers.com.

John C. Hentschel Wins Summary Judgment

5/17/2019

LLF Senior Counsel John C. Hentschel prevailed on a Motion for Summary Judgment in El Dorado County on behalf of a solar power contractor whose employee allegedly assaulted the plaintiff while in the course and scope of employment. Hentschel successfully argued there was no direct or vicarious liability because the employer did not know or have reason to know of the employee’s alleged propensity for violence and the employee’s assault was motivated by personal reasons unrelated to his employment (and therefore outside the course and scope of employment).

Livingston Law Firm to Sponsor CCCBA Women’s Section Wine Tasting and Silent Auction Fundraiser

4/17/2019

Each year the Contra Costa County Bar Association Women’s Section hosts a wine tasting and silent auction to fund the Honorable Patricia Herron and Ellen James Scholarship for law students who demonstrate financial need, interest in women’s issues, leadership promise and a connection to Contra Costa County. This year, LLF is proud to be a Silver Sponsor of the event being held on April 17, 2019, at Round Hill Country Club. Shareholder Crystal Van Der Putten serves on the Women’s Section Board.

Renée Welze Livingston to Provide Strategies for Examination of Psychological Experts at DRI Trial Skills and Damages Conference

3/18/2019

On Thursday, March 21, 2019, Renée Welze Livingston will speak on “The Essentials of Psych Reports and Strategy for Cross-Examining Psych Doctors” at the DRI Trials Skills and Damages Seminar in Las Vegas, Nevada. DRI is the largest international organization of defense attorneys and in-house counsel committed to educating and improving the skills of defense law practitioners and defending the interests of business and individuals in civil litigation.

Crystal L. Van Der Putten to Provide Tips on How to Present a Successful Writ Petition

2/26/2019

LLF Shareholder Crystal L. Van Der Putten and an esteemed group of panelists will be providing insights and best practices on how to prepare a writ petition to maximize the chances of success. The program, “Puttin’ on the Writs…Putting Your Best Foot Forward to a Successful Writ Petition,” will be presented by the Contra Costa County Bar Association on Wednesday, February 27, 2019, from 11:45 a.m. to 1:15 p.m.

Renée Welze Livingston Featured Panelist at NAMWOLF Driving Diversity and Leadership Conference in New Orleans

2/18/2019

Renée Welze Livingston was a featured panelist at the National Association of Minority and Women Owned Law Firms Driving Diversity and Leadership Conference in New Orleans on February 16-19, 2019. The panel of in-house attorneys and outside counsel discussed best practices for effective client communication in today’s fast-paced technology-driven legal environment and also provided advice to emerging leaders on how to avoid client communication crises.

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