December 20, 2011
On a second, separate action arising out of the 2009 Southern California wildfires filed by numerous homeowners alleging “soot and ash” damage, the Law Offices of Kenneth N. Greenfield filed motions for summary judgment as to each of the homeowners. The firm’s aggressive motion practices, and careful strategizing, resulted in plaintiffs dismissing their lawsuits in exchange for a waiver of costs. The early disposition of the lawsuit, which exposed the client to significant potential liability, saved the client substantial fees and costs.
November 16, 2011
Kenneth Greenfield and Alexandra Selfridge prevailed at trial while representing the tenants in a case involving a breach of the Implied Warranty of Habitability by the landlords. The tenants moved into a La Jolla rental home in 2002. In 2006, the tenants discovered that the home was infested with mold, friable asbestos, and chronic water leakage from the exterior.
The tenants contended that the mold, asbestos, and moisture conditions contributed to the occupants’ constant illnesses, that the landlords had been aware of the conditions long before the home was rented to the tenants, and that the landlords refused and failed to remedy the situation when it was brought to their attention. The tenants contended that the landlords breached the lease agreement, and breached the Implied Warranty of Habitability. The landlords denied any breach.
The jury found that the landlords breached the lease agreement, committed negligence, and breached the Implied Warranty of Habitability. The Law Offices of Kenneth N. Greenfield obtained $200,000 in rent abatement damages for their clients.
The landlords’ request for a new trial and request for judgment notwithstanding the verdict were both denied. The tenants’ motion for attorney fees, request for costs, and request for prejudgment interest are currently pending
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.
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.