California Supreme Court Watch

Jul 31, 2019
#19-79 Burch v. CertainTeed Corp., S255969.

#19-79 Burch v. CertainTeed Corp., S255969. (A151633, A152252, A153624; 34 Cal.App.5th 341; Alameda County Superior Court; RG16819332.) Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a civil action. The court ordered briefing deferred pending decision in B.B. v. County of Los Angeles, S250734 (#18-134), which presents the following issue: May a defendant who commits an intentional tort invoke Civil Code section 1431.2, which limits a defendant’s liability for non-economic damages “in direct proportion to that defendant’s percentage of fault,” to have his liability for damages reduced based on principles of comparative fault?

Review granted, briefing deferred: 07/10/2019

See the Court of Appeal Opinion.