unforeseeable that parking there could result in a collision – it is not the fore- seeability of a collision that changes depending on the reason why a vehicle is stopped; it is the justification for the conduct. Society tolerates the risk from allowing stopping in emergencies because that risk is outweighed by mak- ing drivers continue to travel on the road during emergencies.
CASES IN BRIEF Class-actions; “death knell” doc-
trine; appealability of orders terminat- ing class claims. In re Baycol Cases I& II (2011) __ Cal.4th __, 2011 WL 681378 (Cal. Supreme). Trial court sustained demurrer to class allegations and indi- vidual claim, but later reconsidered and allowed individual claim to continue. Court of Appeal held order dismissing class allegations was immediately appealable, and hence plaintiff’s failure to appeal within 60 days of entry of order made appeal untimely. Reversed. The “death knell” doctrine renders
appealable only those orders that effec- tively terminate class claims but permit individual claims to continue. Here, the original order terminated both the class and individual claims. The order sus- taining the demurrer without leave to amend as to both individual and class claims was not immediately appealable as to the class claims.
Fire insurance; innocent insureds;
exclusions for intentional acts of “any” insureds. Century-National Ins. Co. v. Garcia (2011) 51 Cal.4th 564 (Cal. Supreme). Homeowner’s son intention- ally set fire to his bedroom in the home- owner’s house, causing substantial dam- age. The insurer refused coverage, invoking the exclusion in its policy for losses caused by the intentional acts of “any” insured. The trial court sustained a demurrer to the insured’s cross-com- plaint against the insurer, and the Court of Appeal affirmed. The Supreme Court reversed. Fire-insurance policies are sub- ject to Insurance Code section 2071, which prescribes a standard form for all
policy language. Insurers must use the standard language, or provide coverage that is substantially equivalent or more advantageous to the insured. The stan- dard form contains no intentional-acts exclusion, but Insurance Code section 533, which is read into the standard form, provides that an insured is not liable for “the willful act of the insured.” [Emphasis added] The Legislature’s use of the term “the” insured is significant because unlike exclusions for the acts of “an” insured or of “any” insured, exclu- sions based on the acts of “the” insured are construed not to bar coverage for innocent co-insureds. The other provi- sions of section 2071 indicate that provi- sions barring insurer liability or exclud- ing coverage operate severally, not col- lectively, because all the provisions refer to conduct of “the” insured.
Mandatory dismissal for failure to
bring case to trial; exceptions. Bruns v. E-Commerce Exchange, Inc. (2011) Cal.4th __,2011 WL 677389 (Cal. Supreme). Section 583.310 of the Code of Civil
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