This case stands for the proposition that insurers must think twice before utilizing one of their oldest and most reliable weapons: the professional services exclusion in a commercial general liability policy. In September 2013, Michael Cingari was the victim of chiropractic malpractice. He laid down on an unstable wooden treatment table that gave way when the chiropractor adjusted his spine, resulting in a traumatic disc herniation. He sued both the chiropractor (an independent contractor at the location) and the facility (which provided the table) for medical negligence. The chiropractor's malpractice coverage had lapsed. The facility had no medical malpractice insurance (due to insurance agent negligence) but tendered the claim to its commercial general liability insurer. The insurer did not investigate and simply denied defense, relying on a broad interpretation of the "professional services exclusion" in the policy that would normally exclude coverage for a medical malpractice claim. However, the insurer failed to consider whether the professional services exclusion would apply when the insured was not the one performing the service. And the insurer never knew about the instability of the table, which arguably would have triggered coverage under the policy. Cingari took an assignment of the insured's bad faith claim against the insurer in exchange for a covenant not to execute on any judgment obtained at trial. Cingari then proceeded to a bench trial and was awarded damages for his lost earnings as well as general damages far in excess of the MICRA cap. Cingari then filed suit against Mid-Century/Farmers Insurance and its sales agent. The claims against the agent were settled, but a judge ruled on summary judgment that Mid-Century/Farmers had no duty to defend due to the professional services exclusion. On appeal, that decision was reversed in 2022, and the matter was finally settled with Mid-Century/Farmers paying a generous settlement.

Video games maker Riot Games Inc. was sued by a class of women who contended that the company fostered a hostile work environment and toxic work culture, discriminated against women based on their gender when hiring, paid its female employees less than its male employees for substantially similar work, denied women promotions for which they were qualified, and retaliated against women who spoke up about these things. A settlement was negotiated, but the California Division of Labor Standards Enforcement and the California Department of Fair Employment and Housing both objected that the settlement sum was insufficient and did not contain terms that would bring lasting changes to sexism in the game publishing industry. The plaintiffs then hired Genie Harrison and her team, who then co- counseled with Nicholas Sarris and promptly withdrew from the settlement. After strategically working with the state agencies in additional litigation, including fighting numerous motions to compel arbitration and conducting discovery, a settlement was reached for ten times the previous amount, making it the largest pre-trial equal pay class action settlement in history at the time, on behalf of nearly 1,100 female employees and 1,300 female contract workers. In addition to the monetary settlement, Riot Games agreed to a three-year consent decree that provides for multi-million dollars in programmatic relief, all paid for by the company. The company agreed to fund diversity, equity and inclusion programs and to hire a third-party independent expert to conduct sex and gender equity analysis of the company's hiring and promotion practices. The company will also make 40 full-time engineer, quality assurance or art design positions available to qualified class members who worked as temporary contractors.

Gustav Elijah “Gus” Ahr, a musician, songwriter, and model known professionally as “Lil Peep,” saw his fan base increase rapidly during his heartbreakingly short career. On November 15, 2017, Gus was discovered dead on his tour bus outside a venue in Tucson, Arizona, just 21 years old. An autopsy listed cause of death as “combined toxic effects of fentanyl and alprazolam” (common brand Xanax). Just one year prior to his death, First Access Entertainment – the talent agency and record label that oversaw his career – and others dug their claws into Gus, sweeping him up into their world of iniquity, questionable business practices, and profit-driven bad decision-making. He was treated as a commodity rather than as a human being, pushed to the extreme bounds of what someone his age and maturity level could handle emotionally, mentally, and physically. Gus’s mother sued, claiming that his death was a consequence of the unsafe environment on the tour and on the tour bus. In fact, the defendants encouraged and facilitated his drug use and knew he was under the influence of drugs on the date of his death. Never before had an artist’s management team or record label been held accountable for the rampant use of drugs in the music industry, particularly on tour. The court’s rulings in this case established for the first time that music labels and management companies have a duty in the context of drug use by recording artists and that they can’t on the one hand encourage, facilitate, and commercialize artists’ drug use, yet on the other hand disavow their involvement when an overdose happens on tour. On the eve of trial, the case was settled, leaving Gus’s music in the care of his mother and brother, and no one else. Many believe the case has been a catalyst for positive change in the music industry.

In March 2020, two California Highway Patrol officers pulled over Edward Bronstein on suspicion of driving under the influence. The officers then took Bronstein to the CHP Altadena station for a blood draw to obtain evidence against him. At the station, at least five officers held Bronstein on the floor while pressing against his back while a nurse took a blood sample. A CHP supervisor was present and merely observed and did not order the officers to stop, or to put Bronstein upright. Bronstein had his hands handcuffed behind his back. He told officers he would consent to the blood draw, but the officers continued to hold him down. Bronstein yelled “I can’t breathe!” at least 14 times; one officer called out that Bronstein was turning purple. Nevertheless, the officers continued to hold Bronstein down while the nurse continued to draw the blood. Bronstein lost consciousness, and the officers and the nurse placed him upright, slapping his face instead of beginning CPR. After he did not respond, the officers finally began CPR, but it was too late. Bronstein was pronounced dead approximately four hours after his initial encounter with the CHP. The Los Angeles County medical examiner concluded in the autopsy report that Bronstein’s cause of death was “acute methamphetamine intoxication during restraint by law enforcement.” Members of Bronstein’s family filed a civil rights claim for wrongful death damages for excessive use of force. The CHP would not release video of the incident until ordered to do so by the court, after the plaintiffs’ legal team sought the video through discovery but also through a California Public Records Act request and lawsuit pursuant to the new California peace officer transparency laws. A significant financial settlement was achieved. Bronstein’s death prompted the CHP to change its policies to prevent officers from using techniques or transport methods that involve a substantial risk of positional asphyxia.

 Holly Boyer is the recipient of the Robert E. Cartwright, Sr. Award, given “in recognition of excellence in trial advocacy and dedication to teaching trial advocacy to fellow lawyers and to the public.”
Boyer is an appellate specialist and partner at Esner, Chang, Boyer & Murphy in Pasadena. She specializes in cases involving the sexual abuse of children. “I try to educate the courts through appellate work as to the nature of what that looks like, and why it might take a long time to come forward, and why that injury is unlike a broken leg in a car accident. It’s the manipulation and exploitation of a child.” She worked with CAOC’s legislative advocates on Senate Bill 1386, which was signed into law by Gov. Newsom in September. The bill clarifies that evidence of a victim’s unrelated sexual assault or sexual history may not be brought in to impeach their testimony as to consent or damages.
Regarding appellate work, Boyer said, “I think a lot of lawyers cringe at the idea of spending hours in an office alone, researching and writing, and I love it. As appellate lawyers, we have this opportunity to shape the law with a published decision, and there’s law made from it. That’sleaving a footprint for all the other victims, or all the other cases that deal with that issue. It’s like a legacy, creating law that will then shape the outcomes for so many others.”
Boyer is a fierce advocate for meaningful inclusion of children with Down syndrome in general education settings. “My husband and I try to spread the word and educate the community as much as we can about inclusion of neurodiverse children in educational settings and thecommunity – and how it really benefits us all.”

 Assembly Member Ash Kalra (D-San José) is the first Indian American to serve in the California Legislature. As Chair of the Assembly Judiciary Committee and Chair Emeritus of the California Legislative Progressive Caucus, Asm. Kalra has been a leader in ensuring that key legislative priorities are successfully passed on civil rights, criminal justice, economic and worker justice, environmental justice, and housing justice. 
Asm. Kalra lives in the same South San José neighborhood where he grew up. He received a Bachelor of Arts in Communication from the University of California, Santa Barbara, and a law degree from Georgetown University. As a law student, Kalra taught at inner city schools in Washington, D.C. He returned to San José after law school and has served as a law professor at San José State University and Lincoln Law School in San José.
Asm. Kalra spent 11 years as a Deputy Public Defender for Santa Clara County, representing indigent clients in both felony and misdemeanor matters, and a majority of his time was spent in drug treatment court, where clients were given the opportunity to complete a rehabilitation program and turn their lives around. Prior to being elected to the Assembly in 2006, Asm. Kalra served on the San José City Council for eight years. He has dedicated his tenure in public service to equity and social justice issues.
CAOC is honoring Asm. Kalra for his tireless efforts and dedication to workers and consumers and for his thoughtful leadership and guidance. In 2024 alone, he authored CAOC co-sponsored legislation to protect seniors and co-authored CAOC bills to protect workers and car buyers, both of which ultimately led to the avoidance of major and detrimental initiatives aimed at restricting worker legal rights and at passing an initiative to limit contingency fees. Asm. Kalra is a true partner, and we thank him immensely.