The Law Offices of Kenneth N. Greenfield’s Demurrer Sustained without Leave to Amend

August 31, 2011

The 2009 Southern California wildfires caused significant property damage throughout the State. In addition to the many valid property damage claims that arose out of that event, there were a myriad of frivolous “soot and ash” claims made as well.

In an action arising out of the 2009 Southern California wildfires filed by fourteen separate homeowners, the attorneys at the Law Offices of Kenneth N. Greenfield filed a demurrer on the ground that the plaintiffs were improperly joined. The tentative was in favor of the insurance company. The plaintiffs’ attorney filed a Notice of Related Cases which continued the ruling on the demurrer and threatened a transfer of the case to another judge. The Law Offices of Kenneth N. Greenfield successfully opposed the plaintiffs’ Notice of Related Cases. After a third appearance before the court, the Law Offices of Kenneth N. Greenfield’s demurrer was sustained without leave to amend.

This matter is currently on appeal.

The Law Offices of Kenneth N. Greenfield Triumphs on Motion for Summary Judgment

August 19, 2011

Janice Y. Walshok prevailed on a motion for summary judgment on behalf of a major insurer client in an action for insurance bad faith. The insurance company was exposed to significant liability regarding the sexual assault of a number of minors. The issue was whether the insurance policy provided coverage for injuries arising out of sexual molestation in light of a recent decision by the California Supreme Court in Minkler v. Safeco Insurance Company of America (2010) 49 Cal. 4th 315. Ms. Walshok successfully persuaded the court that the facts of the case were distinguishable from the Minkler decision. The court agreed, and ruled that the insureds were barred from coverage.