Legal Opinion

Myrick v. Mastagni

California Court of Appeal

Decided June 21, 2010No. B209854PublishedCited by 8 opinions

1Opinion of the Court

Opinion

GILBERT, P. J.

Here we decide two distinct issues and conclude: A city ordinance requiring hazardous buildings to be retrofitted by a certain date does not insulate owners of unreinforced masonry buildings from liability for negligence causing death or injuries prior to the compliance date.

Civil Code sections 1431.1 and 1431.2, which limit a defendant’s tort liability for noneconomic damages, do not apply to defendants in a joint venture. Defendants in a joint venture are jointly and severally liable for noneconomic damages, whatever their respective interests in the joint venture.

This…

2Cases cited9 opinions

  1. Rowland v. ChristianCalifornia Supreme Court · 1968
  2. Merrill v. Navegar, Inc.California Supreme Court · 2001
  3. Ramirez v. Plough, Inc.California Supreme Court · 1993
  4. Miller v. StoufferCalifornia Court of Appeal · 1992
  5. MacIas v. State of CaliforniaCalifornia Supreme Court · 1995

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3Cited by8 opinions

  1. Washington Investment Partners of Delaware, LLC v. Securities HouseDistrict of Columbia Court of Appeals · 2011
  2. Simmons v. WareCalifornia Court of Appeal · 2013
  3. Axis Surplus Insurance v. ReinosoCalifornia Court of Appeal · 2012
  4. James v. Dependency Legal GroupDistrict Court, S.D. California · 2015
  5. A.L. v. Harbor Developmental Disabilities FoundationCalifornia Court of Appeal · 2024

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