Our Amicus Committee works hard on behalf of ASCDC members, submitting multiple amicus curiae briefs and letters each year in cases pending in state and federal courts. The Committee supports selected petitions seeking California Supreme Court review, and identifies appropriate cases in which to request publication of unpublished California appellate opinions that are of interest to our members.

If you have a matter that you wish to bring to the attention of the Amicus Committee, please contact the Chair, Steven Fleischman at Horvitz & Levy, (818) 995-0800 or sfleischman@horvitzlevy.com.

Below are links to briefs and letters the Committee has filed since 2000, compiled in a searchable database.


Showing page 1 of 3: Total Records: 139

Sakai v. Massco Investments
(2018)
nonpub. opn., case no. B279275,
Addressing whether premises owner owed duty of care to plaintiff injured by rapidly exiting vehicle
2/21/2018
Request for Publication
Ford v. Superior Court
(2018)
case no. B287367,
Regarding trial court`s refusal to issue protective order covering potential trade secret
1/31/2018
Letter supporting petition for writ of mandate
Tighe v. Chino Valley School District
(2018)
Determining whether Rules of Professional Conduct prohibit attorneys from secretly obtaining admissions other than those establishing liability
1/31/2018
Letter in Support of Review
Romero v. Kaiser Foundation Health Plan Inc., et al.
(2018)
nonpub. opn., case no. B277499,
Addressing the petition for an award of attorney fees to determine whether MICRA applies and, if necessary, order disgorgement of any fees paid in excess of the statutory limit
2/2/2018
Request for Publication
TEST
(2018)
TESTING...123
Munoz v. State Farm General Insurance Company
(2017)
nonpub. opn., case no. B279830,
Addressing impact of insured's refusal to submit to supplemental examination under oath
11/29/2017
Request for Publication
Jacobs v. Coldwell Banker
(2017)
nonpub.opn., case no. B277832,
Addressing the propriety of submitting evidence with a reply brief in support of a motion for summary judgment.
8/3/2017
Request for Publication
Kin v. Sun
(2017)
nonpub. opn., case no. H042413,
Addressing application of the doctrine of primary assumption of the risk in the context of a skiing accident.
4/18/2017
Request for Publication
Doe v. United States Youth Soccer Assn.
(2017)
8 Cal.App.5th 1118, case no. H040688, case no. S241038,
Addressing propriety of Court of Appeal's ruling that defendant volunteer youth soccer leagues had a duty to run criminal background checks on volunteer coaches.
6/2/2017
Letter supporting petition for review
Stueve et al. v. Nemer et al.
(2017)
7 Cal.App.5th 746, case no. G052779, case no. S240316,
Does "brought to trial" for purposes of Code of Civil Procedure section 583.310 include the commencement of jury voir dire?
3/14/2017
Petition For Review
Nam v. Regents of the University of California
(2016)
1 Cal.App.5th 1176, case no. C074796,
Addressing prong one of the anti-SLAPP statue in the context of an employment action brought against a public employer
9/23/2016
Request for Depublication
Frisk v. Cowan
(2016)
nonpub. opn., case no. C077975, case no. S236763,
2/12/2016
Amicus Curiae Brief
8/15/2016
Request for Partial Publication
Vasilenko v. Gracy Family Church
(2016)
248 Cal.App.4th 146, case no. C074801, case no. S235412,
8/8/2016
Amicus Curiae Letter and Brief
1/6/2017
Amicus Curiae Brief
B.C. v. Contra Costa County et al.
(2016)
case no. A143440,
B.C. v. Contra Costa County, Nos. A143440 & A144041. In this medical malpractice case the trial court refused to allow evidence reflecting that the plaintiff had recourse to various future collateral source benefits, e.g., government programs, health insurance under the Affordable Care Act. ASCDC has filed an amicus brief supporting the appellant healthcare provider. It argues that Civil Code section 3333.1 coupled with the reality-based outlook of Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, should allow a defendant to offer evidence of future collateral source benefits that potentially may be available to a plaintiff. In particular, a defendant should be placed in no more disadvantaged position in predicting future collateral source benefits than a plaintiff is in predicting future medical expenses.
6/17/2016
Amicus Curiae Brief
City of Petaluma v. The Superior Court of Sonoma County
(2016)
nonpub. opn., case no. A145437, case no. S227539,
Publication request granted in case involving discoverability of employee complaint investigations by outside counsel and the application of the attorney-client privilege and work product doctrine where retention of outside counsel expressly excluded the rendering of any legal advice or opinion.
6/28/2016
Letter in Support of Petition for Review
T.H. v. Novartis Pharmaceuticals Corporation
(2016)
case no. D067839, case no. S233898,
Addressing whether a defendant can be liable for damages to consumers who purchase products manufactured and supplied by someone other than the defendant, after the defendant has divested it's interest in the product line.
6/3/2016
Amicus Letter in Support of Review
Perry v Bakewell Hawthorne, LLC et al.
(2016)
__ Cal.5th __ (2017), case no. S233096,
Addressing whether Code of Civil Procedure section 2034.300, which requires a trial court to exclude the expert opinion of any witness offered by a party who has unreasonably failed to comply with the rules for exchange of expert witness information, applies to motions for summary judgment or adjudication.
8/22/2016
Amicus Curiae Brief
Hernandezcueva et al. v. American Standard Inc. et al.
(2016)
cert. for partial publication, case no. B251933, case no.S232146,
1/6/2016
Order Granting App for Leave to File Amicus Curiae Letter Brief
1/6/2016
Application for Leave to File Amicus Curiae Letter Brief
1/6/2016
Letter Request to Modify Opinion
Garcia v. Jukes
(2015)
nonpub. opn., case no. B258349, case no. S231373,
12/9/2015
Request for Publication
S.M. v. Los Angeles Unified School District
(2015)
240 Cal.App.4th 543, case no. B253983, case no. S230064,
11/9/2015
Request for Depublication
Sherman et al. v. Hennessy Industries, Inc.
(2015)
237 Cal. App. 4th 1133, case no. B252566, case no. S228087,
9/4/2015
Amicus Letter in Support of Review
Parrish v. Latham & Watkins, LLP et al.
(2016)
229 Cal. App. 4th 264, case no. B244841, case no. S228277,
5/9/2016
Amicus Curiae Letter and Brief
Beck v. Blum Collins
(2015)
nonpub. opn., case no. B250653, case no. S227591,
Addressing whether a tolling agreement signed by a partner in his individual capacity is binding on the partner's law firm
6/17/2015
Request for Publication
Los Angeles v. Superior Court (ACLU)
(2014)
case no. B257230,
Agreeing with ASCDC's position, holding that bills sent by defense counsel to client are protected by the attorney-client privilege.
7/7/2014
Amicus letter in support of petition for writ of mandate
Lee v. Haney
(2015)
case no. G048501, case no. S220775,
Addressing whether the one-year statute of limitations in Code of Civil Procedure section 340.6 applies to fee disputes between lawyers and clients.
1/25/2015
Amicus brief on the merits
Izell v. Union Carbide Corp
(2015)
231 Cal.App.4th 962, case no. B245085, case no. S223511,
Addressing whether punitive damages must be retried when the compensatory award is reduced on appeal.
1/20/2015
Amicus Letter in Support of Review
Doe v. Wells Fargo Bank, N.A., et al.
(2015)
case no. A137502, case no. S223893,
Addressing the scope of employer liability for acts of an employee following employee's consumption of alcohol
1/20/2015
Request for Publication
MacQuiddy v. Mercedez-Benz USA, LLC
(2015)
case no. B251752, case no. S225351,
Addressing the assessment of Code of Civil Procedure section 998 costs in Lemon Law action
1/21/2015
Successful request for publication
Moore v. Mercer
(2014)
case no. C073064,
Addressing whether Howell v. Hamilton Meats Provisions. Inc. (2011) 52 Cal.4th 541 applies to a receivable purchased by a medical finance company.
10/2/2014
ASCDC supports the admissibility of amounts paid for medical liens (e.g., by factoring companies) to prove reasonable value of medical damages.
12/8/2014
Answer to Amicus
12/19/2016
Request for Depublication
Hudson v. Fresno
(2014)
case no. F067460,
Addressing plaintiff’s counsel use of “Reptile” theory in argument.
11/3/2014
Amicus Curiae Brief
Hamp v. Harrison Patterson OConnor & Kinkead, et al
(2014)
nonpub. opn., case no. D064453, case no. S222822,
11/18/2014
Request for Publication
Lunada Biomedical v. Nunez
(2014)
230 Cal. App. 4th 459, case no. B243205, case no. S222666,
12/18/2014
Amicus Curiae Brief
Castaneda v. The Ensign Group, Inc.
(2014)
229 Cal.App.4th 1015, case no. B249119, case no. S222200,
11/14/2014
Letter in Support of Petition for Review
Larson v. UHS of Rancho Springs, Inc. et al.
(2014)
230 Cal. App. 4th 336, case no. G050081, case no. S221830,
9/23/2014
Request for Publication
Straass v. DeSantis
(2014)
case no. D064040, case no. S220878,
8/19/2014
Request for Publication
Maslo v. Ameriprise Auto & Home Insurance Company
(2014)
227 Cal. App. 4th 626, case no. B249271, case no. S220378,
Addressing whether a plaintiff could state a “bad faith” claim based on insurer’s decision to dispute UM claim and demand arbitration.
8/20/2014
Request for Depublication
Ganoe v. Metalclad Insulation Corporation
(2014)
227 Cal. App. 4th 1577, case no. B248941, case no. S220960,
9/17/2014
Request for Depublication
Winn v. Pioneer Medical Group
(2015)
case no. B237712, case no. S211793,
Addressing whether the MICRA statute of limitations applies in alleged elder abuse action
3/31/2014
Amicus curiae brief on the merits
Kesner v. The Superior Court of Alameda County
(2012)
case no. A136378,
Amicus brief on the merits addressing whether a plaintiff can maintain a "take home" asbestos claim.
11/15/2012
Amicus Curiae Brief
1/23/2013
Application For Permission to File Amicus Curiae Brief
7/24/2014
Letter in Support of Petition for Review
Roger Cleveland Golf Co., Inc. v. Krane & Smith, APC
(2014)
225 Cal. App. 4th 660, case no. B237424, case no. S219354,
Addressing whether the one-year statute of limitations contained in Code of Civil Procedure section 340.6 applies to malicious prosecution claims brought against attorneys.
1/8/2014
Application to File Letter Brief and Amicus Curiae Letter Brief
6/13/2014
Request for Depublication
Dodd v. Cruz
(2014)
case no. B247493, case no. S217534,
4/9/2014
Letter Opposing Depublication
Sanchez v. Valencia Holding Company, LLC
(2015)
case no. B228027, case no. S199119,
3/6/2014
supplemental amicus curiae brief
Purton v. Marriott International, Inc.
(2013)
218 Cal. App. 4th 499, case no. D060475, S213205,
Addressing an employer’s vicarious liability for an act that occurs after the employee returns home from a work-sponsored event.
10/1/2013
Amicus letter in support of petition for review
Varela v. Birdi
(2013)
case no. D064315,
ASCDC supports view that Howell limitations apply to future damages.
12/15/2014
Application to File Amicus Brief
Malin v. Singer
(2013)
217 Cal.App. 4th 1283, case no. B237804, S213006,
Addressing whether the anti-SLAPP statute applies to pre-lawsuit settlement demands and procedural issues regarding the illegality exception to the anti-SLAPP statute
3/25/2013
Amicus brief on the merits
Thompson v. Automobile Club of Southern California
(2013)
nonpub. opn., case no. G046759, case no. S212585,
6/27/2013
Response to Request
Schaefer v. Elder
(2013)
217 Cal.App.4th 1, case no. C068229, case no. S212053,
8/9/2013
Request for Depublication
Nalwa v. Cedar Fair LP
(2012)
196 Cal.App. 4th 566, 55 Cal.4th 1148, case no. H034535, case no. S195031,

Addressing the primary assumption of risk doctrine in a case where the plaintiff was injured on a bumper car ride.

4/6/2012
Amicus brief on the merits
Reichert v. State Farm Gen’l Ins. Co.
(2012)
2012 WL 6721116, case no. G046582, case no. S208503,
Addressing the applicability of a “law or ordinance” exception in a homeowners insurance policy.
1/15/2013
Successful request for publication
Comstock v. Aber
(2012)
212 Cal.App.4th 931, case no. A134701,
Addressing the granting of an anti-SLAPP motion in an employment case.
1/5/2013
Successful request for publication
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