Client Alert: Court of Appeal Applies Common Interest Privilege Doctrine to HOA Litigation Meetings
March 19, 2014 —
David W. Evans, Steven M. Cvitanovic, and Michael C. Parme - Haight Brown & Bonesteel LLPIn Seahaus La Jolla Owners Assoc. v. Superior Court (No. D064567, March 12, 2014), the California Court of Appeal held a homeowners association’s (“HOA”) litigation meetings related to the HOA’s construction defect lawsuit were subject to protection under the attorney-client privilege. Specifically, the court concluded the common interest doctrine applied to the subject litigation meetings, thereby barring the defendants in the HOA’s lawsuit from seeking discovery related to the content and disclosures made during those meetings.
The plaintiff HOA initiated a construction defect lawsuit against a residential developer and builder, seeking damages for construction defects related to common areas. The defendants took the depositions of individual homeowners and inquired regarding the communications and disclosures made at informational litigation update meetings. The meetings were conducted by the HOA’s counsel with groups of homeowners, some of whom had filed their own, separate lawsuits against the same defendants. Motions to compel were filed after attorney-client privilege objections were asserted by counsel for the HOA. After the court-appointed discovery referee opined that the common interest doctrine applied and that the communications presented at the meetings were subject to the attorney-client privilege, the trial court rejected this recommendation and overruled the HOA’s privilege objections. The HOA filed a petition for a writ of mandate.
The defendants argued the privilege had been waived based on the presence of persons who were not the clients of the HOA’s attorney, that the subject communications were not “confidential communications” and that the individual homeowners and the HOA did not share common interests at the time. After setting forth a comprehensive discussion of the statutory principles underlying the attorney-client privilege and the bases for waiver, as provided in California Evidence Code §§ 912 and 952, and summarizing applicable decisional law, the court specifically analyzed the question of whether the common interest doctrine applied in the context of the disputed HOA litigation meetings. The common interest doctrine protects confidential communications made by counsel to third parties if the third parties are present to further the interest of the client or are those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer was consulted.
Reprinted courtesy of
David W. Evans,
Steven M. Cvitanovic, and
Michael C. Parme of Haight Brown & Bonesteel LLP
Mr. Evans may be contacted at devans@hbblaw.com, Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com, and Mr. Parme may be contacted at mparme@hbblaw.com
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Emerging Trends in Shortened Statutes of Limitations and Statutes of Repose
January 02, 2024 —
Ivette Kincaid & Thomas McCarrick - Kahana FeldIntroduction
A growing trend in construction defect legislation around the country has seen the shortening of statutes of limitation and statutes of repose for a plaintiff to bring claims related to construction defects. Over the past ten years, several states, notably Florida and Texas, have shortened their statutes of repose. This is generally positive news for developers and contractors; however, the specifics and ramifications of these legislative and judicial updates are still unknown.
Statute of Limitations
A statute of limitations sets forth the time that a plaintiff has to sue or allege a particular cause of action against a defendant. These time limitations are codified into law and vary depending on the State and the cause of action. A statute of limitations starts at the occurrence of an injury or damage or at the time the injury or damage is discovered. The statute of limitations may be subject to some exceptions such as tolling for reasons such as the injured party being a minor in which case depending on the particular statute, the statute does not begin to run until after the minor reaches the age of majority.
Reprinted courtesy of
Ivette Kincaid, Kahana Feld and
Thomas McCarrick, Kahana Feld
Ms. Kincaid may be contacted at ikincaid@kahanafeld.com
Mr. McCarrick may be contacted at tmccarrick@kahanafeld.com
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Precast Standards' Work Under Way as Brittle Fracture Warnings Aired
December 22, 2019 —
Nadine M. Post - Engineering News-RecordThe American Concrete Institute is gearing up to develop ACI’s first code requirements specifically for precast concrete. The recent announcement of the initiative comes on the heels of an article in the September issue of ACI’s monthly magazine, Concrete International, that sounds the alarm about the potential for brittle failures of precast, prestressed-concrete double-T parking decks, with flanges reinforced with a non-code-compliant polymer-coated carbon-fiber grid product, called C-Grid.
Reprinted courtesy of
Nadine M. Post, Engineering News-Record
Ms. Post may be contacted at postn@enr.com
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Best Lawyers Honors 43 Lewis Brisbois Attorneys, Recognizes Three Partners as 'Lawyers of The Year'
September 14, 2020 —
Lewis BrisboisBest Lawyers has selected 43 Lewis Brisbois attorneys across 25 offices for inclusion in its list of 2021 Best Lawyers in America. It has also recognized three Lewis Brisbois partners as "Lawyers of the Year": Los Angeles Partner Jon P. Kardassakis (Mass Tort Litigation / Class Actions - Defendants); Roanoke Partner Paul C. Kuhnel (Medical Malpractice Law - Defendants); and Northwest Indiana Managing Partner Renee J. Mortimer (Personal Injury Litigation - Defendants).
Please join us in congratulating these three partners and the following attorneys on their Best Lawyers recognition.
Reprinted courtesy of
Lewis Brisbois
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Real Estate & Construction News Roundup (3/20/24) – Construction Backlog Falls, National Association of Realtors Settle Litigation, and Commercial Real Estate Market’s Effect on City Cuts
April 15, 2024 —
Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law BlogIn our latest roundup, bad loans outweigh loss reserves at top six U.S. banks, the FCC announces a proposed rule aimed at “bulk billing,” office-to-multifamily conversion projects grow in major metro cities, and more!
- The National Association of Realtors has agreed to settle litigation that accused them of artificially inflating real estate commissions – a major decision that could reshape the housing market for buyers, sellers and agents. (Rachel Siegel, The Washington Post)
- An NYU professor considers the positives and negatives of cities cutting services or raising other kinds of taxes to offset the continued faltering of the commercial real estate market. (Alan Rappeport, The New York Times)
- Construction backlog fell in February for every size of contractor except for those with under $30 million in annual revenue, while, over the past year, the largest contractors – those with greater than $50 million in revenue – have experienced the greatest decline in backlog. (Sebastian Obando, Construction Dive).
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Pillsbury's Construction & Real Estate Law Team
Traub Lieberman Team Obtains Summary Judgment in Favor of Client Under Florida’s Newly Implemented Summary Judgment Standard
August 23, 2021 —
Heather Fleming & Gregory H. Lercher - Traub LiebermanOn July 27, 2021, the Circuit Court of the Ninth Judicial Circuit in and for Osceola County, Florida granted summary judgment in favor of a client insurer defended by Traub Lieberman Partner Heather M. Fleming and Associate Gregory H. Lercher in connection with a first party property lawsuit arising from Hurricane Irma that involved multiple, comingled claims, in part resolved via prior appraisal.
As of May 1, 2021, Florida state courts have applied a new summary judgment standard after Florida’s longstanding rule was amended by the Supreme Court of Florida. The amendment aligns Florida’s standard with that of the federal courts and the supermajority of states that have already adopted the federal summary judgment standard codified in Rule 56 of Federal Rules of Civil Procedure. The Supreme Court of Florida’s stated goal in adopting the new standard across the Sunshine State was to improve the fairness and efficiency of Florida's civil justice system, to relieve parties from the expense and burdens of meritless litigation, and to save the work of juries for cases where there are real factual disputes that need resolution.
Reprinted courtesy of
Heather Fleming, Traub Lieberman and
Gregory H. Lercher, Traub Lieberman
Ms. Fleming may be contacted at hfleming@tlsslaw.com
Mr. Lercher may be contacted at glercher@tlsslaw.com
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VinFast Breaks Ground in North Carolina on its Promised $4B EV Plant
August 28, 2023 —
Engineering News-RecordCharlotte Observer
North Carolina officials and top VinFast executives met Friday morning in Chatham County to officially start construction on the carmaker’s first manufacturing facility outside its native Vietnam. By 2028, VinFast has committed to employ 7,500 people at the site, about 30 miles southwest of Raleigh . In terms of projected job creation, it is the largest state-backed economic project in North Carolina history.
Reprinted courtesy of
Engineering News-Record
ENR may be contacted at enr@enr.com
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Environmental Justice Update: The Justice40 Initiative
April 29, 2024 —
Anthony B. Cavender - Gravel2Gavel Construction & Real Estate Law BlogSoon after taking office, President Biden issued Executive Order 14008, entitled, “Tackling the Climate Crisis at Home and Abroad.” This is an unusually long and complex executive order and includes many provisions relating to environmental justice and the plight of “disadvantaged communities” that are overwhelmed by many environmental threats. Section 223 of the Order describes the President’s “Justice40 Initiative,” which is designed to ensure that 40% of Federal benefits flow to disadvantaged communities through an “all of government approach.” There is a recognition that some disadvantaged communities lack the personnel and resources to take advantage of this Initiative, so technical training funds will be made available. The Order establishes new offices throughout the Federal bureaucracy to handle and expedite environmental justice matters.
The Office of Management and Budget (OMB) and the Council on Environmental Quality (CEQ) play a large role in implementing the Initiative by issuing appropriate guidance and assisting the Federal agencies to locate, among the thousands of programs they supervise, suitable programs that will assist disadvantaged communities. At last count, 518 Federal programs administered by 19 distinct Federal agencies could be a good source for the resources needed by disadvantaged communities to cope with air and water pollution and solid waste issues. Direct grants will be made in many cases, and other programs require the community to apply for the funds promised by the Executive Order. In addition, the Order requires participating Federal agencies to assess the value and effectiveness of the benefits bestowed. OMB and the CEQ have issued guidance documents and conducted many meetings with key personnel and members of the disadvantaged communities.
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Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com
