Representative Cases

Construction

• American Building Innovation LP v. Balfour Beatty Construction, LLC (2024) 104 Cal. App. 5th 954. Justice Goethlas wrote the court’s published opinion which held that a subcontractor could not sue to collect payment for work that was completed when the sub’s contractor’s license was suspended for failing to maintain workers’ comp insurance coverage.

• Homeowner sued contractor alleging faulty work during remodel. Contractor countered homeowner's numerous change orders created additional expenses above those specified in contract.

• Collins v. Diamond Generating Corp. (2025); (Official citation pending).
  Defendants operated a large power plant in Palm Springs. While performing a complex annual maintenance procedure, an employee was killed. The accident resulted in the filing of a wrongful death claim against defendants. A jury awarded the plaintiff more than $100 million after the trial court declined to give instructions on both the Privette doctrine (Privette v. Superior Court (1993) 5 Cal.4th 689) and its exceptions. Justice Goethals wrote the court’s published opinion reversing the judgment and remanded the case for a retrial with appropriate instructions. A defense motion to dismiss the case after trial was also denied.