Year in Review: Key Issues and Trends from 2018

January 2019

Representing business, commercial and real estate clients, as well as insurers and their policyholders
As we head into our 33rd year of practice, we are thankful to you, our clients, for choosing Gray·Duffy and allowing us to play a role in your success. Many have been with the firm for decades, and we value the trust and confidence you place in us.
Our commitment to client satisfaction has regularly been acknowledged by leading industry organizations, including being ranked by U.S. News – Best Lawyers® in the Metropolitan Tier 1 – Los Angeles category for Insurance Law since 2016; numerous attorneys with a Martindale-Hubbell AV® Preeminent™ Rating; and several attorneys recognized by Best Lawyers® and Super Lawyers.
This past year, we continued to expand our expertise and resources for clients with the addition of two key professionals:
Jesshill Love joined as Of Counsel in Gray·Duffys Redwood City office and is a member of the firm’s real estate practice group
Cynthia Thomas joined the firm as Operations Manager, overseeing accounting, IT and human resources/offices services.
Part of our partnership with clients includes seeking out ways to educate and keep them informed on critical matters pertaining to their businesses. We regularly develop a source book detailing common issues in construction defect claims. This serves as a quick reference to particular issues that may arise when analyzing claims within the dynamic field of construction defect litigation. The guide has become a go-to resource for clients in this industry.
In addition, our attorneys regularly author articles and present on topics of importance to clients and colleagues. Below is a sampling from last year:
Moreover, we recognize that successful relationships are built on integrity, respect, responsiveness and most important, positive results. Because of this, we have been able to achieve a myriad of successes for clients, including the following representative list from 2018:
Again, we greatly appreciate our long-standing relationships with clients and colleagues, and wish everyone a healthy and prosperous 2019.
Gary Gray
Managing Partner, Gray·Duffy, LLP
                                              FEATURE ARTICLE                            
Making It Clear: There Is Confusion with California’s Right to Repair Act
Published: Construction Today
California’s Right to Repair Act, as set forth in California Civil Code sections 895 through 945.5, essentially became operative for residential construction purchased on or after January 1, 2013. Since its implementation, there has apparently been some confusion as to the scope of application of the Act. 
So you think you know the law
So You Think You Know the Law
True or False?
The Right to Repair Act does not eliminate common claims where the construction defects caused actual damage.
True or False?
The Right to Repair Act does not allow the homeowner to recover purely economic losses unless they are able to show property damage or personal injury.
True or False?
General contractors, subcontractors, material suppliers, individual product manufacturers and design professionals may be subject to the Act’s requirements even though they are not involved in the sale of the home.

Gray·Duffy Ranked on the 2019 Best Law Firms List by U.S. News – Best Lawyers

U.S. News – Best Lawyers ranks Gray·Duffy on the 2019 Best Law Firms list in the Metropolitan Tier 1 Ranking in Los Angeles for the firm’s work in insurance law.

Timothy Thornton, Jr.
Timothy Thornton Selected as a 2019 Southern California Super Lawyer
Partner Timothy Thornton has been selected for inclusion on the 2019 Southern California Super Lawyers list for his work in the area of Insurance Coverage. Timothy has been named a Super Lawyer for seven consecutive years.
Timothy Thornton to Speak at 27th Annual Insurance Coverage Litigation Midyear Conference
Partner Timothy Thornton is presenting on the panel, “Pre-Suit: What are the Policyholder’s and Insurer’s Duties Pre-Suit, Including the Duty to Defend?” at the ABA TIPS 27th Annual Insurance Coverage Litigation Midyear Conference. The panel will address the pre-suit duties of the policyholder and insurer under CGL policies, including judicial constructions of the policy “suit” requirement, the question whether the duty to defend or indemnify can be triggered prior to an actual lawsuit, and the different approaches courts have taken to whether (and when) pre-suit and pre-tender expenses can be reimbursed.
Gray·Duffy is a Silver Sponsor of the conference being held February 21-23, 2019, at the Arizona Biltmore Resort & Spa in Phoenix.
Take a Little Piece of My Paradise, If It Makes You Feel Good: The Sharing Economy in Aesthetically Pleasing Locales
Thomson Reuters Westlaw
With romance, mysteries abound as to when “you got it” so that “it makes you feel good.” With real estate, “you know you got it” with the intersection of a property’s highest and best use, “location, location, location,” and its aesthetic appeal-often found at vacation venues. Yet, like romances, vacation rentals can pose difficult and sometimes painful complications while proving extremely rewarding. 
Please Note: These articles are necessarily general in nature and do not substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.
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Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.