Northern California Daily Digest

In Burlington Insurance Company v. Devdhara, the insurance company insured the defendant's hotel which was sued in another case for which was a class action for deplorable hotel conditions including violations of the implied warrant of habitability.  In California, the insurance must defend the insured for all claims against it (unless none could possibly be covered) and then seek contribution from the insured for uncovered torts.  Here, the insurance company requested contribution for the portion of the settlement attributable to the habitability torts which Judge Saundra Brown Armstrong found uncovered by the terms of the policy.  She sent the case to a magistrate judge for a determination of the amount owed.

Radford v. St. Regis Hotel is a case that relates back to Charles Dicken's Bleak House (which you can read here).  Mr. Radford wanted to file a Title VII complaint against his employer and another complaint against his Union for failing to adequately represent him.  He brought both claims to court, his Union complaint was filed and no one is sure what happened to the Title VII complaint.  When he sought legal assistance for both issues the attorney stated that his complaint had not been filed and the statute of limitations had run.  The employer filed a motion to dismiss stating the statute of limitations had passed.  Judge Elizabeth D. Laporte stated that Mr. Radford had pursued his claimed diligently and equitably tolled the statute by trying to file his complaint even though it never made it into PACER.  His actions equitably tolled the statute of limitations and he will get his day in court.