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Hunt Ortmann is one of the foremost authorities on California construction law, contracts, dispute resolution and litigation offering additional legal services in the areas of business and commercial law, employment matters and labor law compliance, real estate, insurance and suretyship.

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Publications

October 11, 2018

ALLIED CONCRETE REVERSED: Ninth Circuit Finds Statute Extending Prevailing Wage Laws to Ready-Mix Concrete Drivers Is Constitutional

By Alison Gibbs In Allied Concrete & Supply Co. v. Baker, the Ninth Circuit Court of Appeals recently reversed part of a district court’s judgment finding Labor Code §1720.9, which extended prevailing wage laws to ready-mix concrete drivers, violated the Equal Protection Clause of the Fourteenth Amendment. Ready-mix concrete suppliers argued that the law arbitrarily […]

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September 21, 2018

Heat Pumps Are The New Solar Panels: California to Help Spur Development and Market Growth of High Efficiency Building Heating Technology

By Jennifer Tung Last week, Governor Brown signed two bills into law intended to change the way Californians heat both new and existing buildings: AB 3232 and SB 1477. AB 3232 requires the Energy Commission to assess, by January 1, 2021, the potential for reducing greenhouse gas (GHG) emissions from California’s residential and commercial buildings […]

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July 19, 2018

Employers, Rejoice: Class Action Waivers in Arbitration Agreements Are Enforceable!

By JoLynn (Pollard) Scharrer and Lisa Lawrence-Hughes Wage and hour class actions strike fear in the hearts of most California employers. This is because an enterprising plaintiff’s attorney who files a class action can parlay even the smallest wage error into a multi-million dollar settlement. Many California employers have attempted to protect themselves by including […]

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June 7, 2018

No Liberty For Insurers-Negligent Hiring And Supervision Invokes Coverage

By JoLynn M. Scharrer and Jennifer Tung It’s official: the negligent hiring and supervision of an employee who goes on to intentionally injure a third party may constitute an “occurrence” that triggers coverage under a general liability insurance policy. Over a year after the Ninth Circuit asked the state’s highest court to weigh in, this […]

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May 31, 2018

As Water Districts Are Held Not Liable For Copper Pipe Pinhole Leaks, Homeowners And Their Attorneys Must Reevaluate The Liability Landscape

By Aaron J. Flores Whether quantity or quality, water is never far from a headline in California. And in a recent California court of appeal decision, the court addressed whether public agency water districts could be held liable for private property damage allegedly caused by the agencies’ treatment of potable water. The court of appeal […]

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May 24, 2018

California Supreme Court Announces New “ABC” Test For Independent Contractors

By Lisa Lawrence-Hughes The California Supreme Court recently announced a substantially stricter new test for determining whether a worker qualifies as an independent contractor: the “ABC” test. In a unanimous decision in Dynamex v. Superior Court, issued on April 30, 2018, the Supreme Court considered whether Dynamex Operations West, Inc. (“Dynamex”), a nationwide package and […]

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May 18, 2018

Here Comes the Sun: California Becomes First State to Require Solar Panels

By Jennifer Tung The California Energy Commission recently voted unanimously to require solar panels on all new homes in California starting in 2020. The mandate applies to all new houses, condos, and apartment buildings up to three stories tall that do not meet certain exceptions (e.g., structures built in the shade). It also makes California […]

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May 10, 2018

Love Don’t Cost a Thing (But Arbitration Does)

By Dale Ortmann and Jennifer Tung Last week, the California Court of Appeal held that a party’s financial status is relevant to whether or not it can be ordered to comply with a contractual arbitration clause. In Weiler v. Marcus & Millichap Real Estate Investment Services, Inc., (2018 WL2011048) plaintiff sued her real estate broker, […]

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