California

In the recent matter of Ko v. Maxim Healthcare Services, Inc., (2020 WL 7639590; December 23, 2020) the California Court of Appeal for the Second District determined the present requirement for a claim of negligent infliction of emotion distress brought on behalf of a bystander, was satisfied where plaintiff was present virtually with the aid of technology.

In the recent case of Horne v. Ahern Rentals, Inc. (2020) 50 Cal.App.5th 192, The Second District Court of Appeal revisited the issue of the “Privette Doctrine” and the exceptions to it.  Ever vigilant as to the Courts continued expansion of the “exceptions” to the Privette Doctrine, it was refreshing to see the Court instead merely review the facts of the case in context of the prior holdings, which created those exceptions to Privette.  If anything, the Court appeared to clarify the issues of active versus passive negligence in application to the Privette exception.

In the recent matter of Pulte Home Corp. v. CBR Electric, Inc. (2020) 50 Cal.App. 5th 216, the California Court of Appeal, Fourth District reversed the denial of an equitable subrogation claim for reimbursement of defense costs from contractually obligated subcontractors to a defending insurer.  Upon review, the Court of Appeal found all of the elements for equitable subrogation were met, and thus, the equities tipped in favor of the insurer. The key policy informing the holding is to dis-incentivize contractors from avoiding their contractual indemnity obligations.