Thursday, May 18, 2017

Gillotti v. Stewart (Cal. Ct. App. - May 18, 2017)

The Court of Appeal publishes this opinion today, which begins by saying:

"In this construction defect lawsuit by a homeowner, the jury found the general contractor -- defendant Estate of William G. Davidson, formerly Davidson Construction (Davidson) -- negligent and liable for some, but not all, alleged violations of building standards under the Right to Repair Act, Civil Code section 895, et seq. (the Act). The estate is a proper party where the decedent was protected by insurance. (Prob. Code, § 550.) (Unless otherwise noted, statutory references that follow are to the Civil Code.) The estate is a proper party where the decedent was protected by insurance. (Prob. Code, § 550.)."

Wait.  I'm unclear.  Who's the proper party where the decedent was protected by the insurance?  The estate?  Please tell me again.

The same repetition was in the unpublished opinion as well.

But let me just say something you shouldn't forget.

The estate is a proper party where the decedent was protected by insurance.