Low, Ball & Lynch

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Mandy Arjmand

Weekly Law Resume: Labor Law – Exhaustion of Administrative Remedies Required

Aaron MacDonald v. State of California, et al. - Court of Appeal, Third District (August 27, 2013) - In this case, the Third District of the Court of Appeal acknowledged and clarified the question that troubled many…more

Administrative Remedies, Retaliation, Whistleblowers

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Michael Beuselinck

Weekly Law Resume - January 2014: Torts – Defamation and the Anti-Slapp Statute

Anthony K. Hui v. Beth Sturbaum - Court of Appeal, First Appellate District (January 9, 2014)- California’s anti-SLAPP statute (Code of Civil Procedure §425.16) was passed in 1992 because of the legislature’s concerns…more

Anti-SLAPP, Car Accident, Defamation, Fraud

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David L. Blinn

Weekly Law Resume - February 2014: Insurance Coverage – “Mobile Equipment” Exception to Auto Exclusion

American States Insurance Company v. Travelers Property Casualty Company of America - Court of Appeal, Second Appellate District (January 27, 2014)- Most commercial general liability policies exclude liability for…more

Commercial General Liability Policies, Fast-Food Industry, Restaurant Industry, Travelers Property Casualty Co., Trucking Accident

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Sonja Blomquist

Social Host Liable For Intoxicated Guest’s Accident

Faiez Ennabe, et al. v. Carlos Manosa, et al. (2014) 58 Cal.4th 697 - California Supreme Court (February 24, 2014)- In the Ennabe case, the California Supreme Court wrestled with the tangle of case law and…more

Intoxication, Personal Liability, Wine & Alcohol

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Kurt Bridgman

Weekly Law Resume - March 2014: An Employer Does Not Owe a Duty of Care to its Employee’s Later-Conceived Child

Waleed Elsheref, a Minor, etc., et al., v. Applied Materials, Inc. - Court of Appeal, Sixth District (January 27, 2014)- Plaintiff Waleed Elsheref’s father, Khaled Elsheref (“Khaled”) worked as an engineer for…more

Duty of Care, Employer Liability Issues, Manufacturers

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Joseph Fenech

Weekly Law Resume - September 2013: Construction Defects–Does Right to Repair Act Eliminate a Property Owner’s Common Law Rights and Remedies for Actual Damages Occurred?

Liberty Mutual Insurance Company v. Brookfield Crystal Cove, LLC Court of Appeal, Fourth Appellate District (August 28, 2013) The Right to Repair Act (Code Civ. Proc., sections 896, et seq.) applies to claims for…more

Construction Defects, Damages, Liability, Remedies, Repairs

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Laura Flynn

Civil Procedure – Mandatory Versus Discretionary Dismissal Pursuant to C.C.P. §473(b)

Anthony H. Noceti, et al. v. Rex Whorton - Court of Appeal, Third District (March 18, 2014)- Code of Civil Procedure Section 473 has provisions that allow a court to set aside actions taken against a party through…more

Dismissals

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Ashlee Gustafson

Weekly Law Resume - November 2013: Insurance Coverage-SIR Requirements

American Safety Indemnity Company v. Admiral Insurance Company - California Court of Appeal, Fourth Appellate District (September 27, 2013) - Many insurance policies contain a Self-Insured Retention (“SIR”) that must…more

Duty to Defend, Reimbursements, Self-Insurance

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Ramsey Kawar

Weekly Law Resume - May 30, 2013: Insurer May Exclude Water Leak Claim Where Leak Developed Slowly and Was Ongoing and Intermittent, Despite Instantaneous Nature of Actual Pipe Breach by Water

Leroy Brown, et al. v. Mid-Century Insurance Company - California Court of Appeal, Second Appellate District (April 24, 2013) - In this case, the Court of Appeal considered the meaning of “sudden” in an insurance…more

Insurers, Property Damage, Summary Judgment, Water

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J. Stephanie Krmpotic

Employment Law Newsletter: April 2013

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior…more

Brinker, Class Certification, Disability Discrimination, FEHA, Investigations

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Thomas LoSavio

Asbestos Alert: Paulus v Crane Co.

Second District Court of Appeal, Division Three, Action # B246505 (Filed Feb. 21, 2014, modified Mar. 24, 2014) 2014 WL 1157284 ____Cal.App.4th____ - Sufficiency of Expert Testimony to Prove Causation; Bankruptcy Trust…more

Appeals, Asbestos, Asbestos Litigation, Asbestos Trust Claims, Crane

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Vernice Louie

Weekly Law Resume - January 2014: Defamation – Torts – Privacy Rights – California’s “Shine the Light” Law

David Boorstein v. CBS Interactive, Inc. - Court Of Appeal, Second Appellate District (December 19, 2013) - In 2003, California passed the “Shine the Light” law (“STL”), in Civil Code Section 1789.83. This allows…more

Compliance, Defamation, Disclosure Requirements, Information Sharing, Shine the Light Law

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Linda Meyer

Social Host Liable For Intoxicated Guest’s Accident

Faiez Ennabe, et al. v. Carlos Manosa, et al. (2014) 58 Cal.4th 697 - California Supreme Court (February 24, 2014)- In the Ennabe case, the California Supreme Court wrestled with the tangle of case law and…more

Intoxication, Personal Liability, Wine & Alcohol

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Karen L. Moore

Weekly Law Resume - The Sophisticated User Defense Does Not Automatically Apply to an Employee of a Sophisticated Employer

Anne Pfeifer v. John Crane, Inc. - Court of Appeal, Second Appellate District, Division Four (October 29, 2013) - JCI appealed from a judgment awarding plaintiffs William and Anne Pfeifer over $21 million dollars in…more

Asbestos, Loss of Consortium, Mesothelioma, Negligence, Sophisticated User Doctrine

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Charles Redfield

Weekly Law Resume - Torts – Conflict Representing Client’s Employee at Deposition

Michael Yanez v. Brian Plummer - California Court of Appeal, Third Appellate District (November 5, 2013)- After a defendant’s employee was fired for providing deposition testimony different from statements provided…more

Adverse Employment Action, Attorney Malpractice, Conflicts of Interest, Depositions, Federal Rules of Civil Procedure

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Christine Balbo Reed

Weekly Law Resume: Expert Witness Fees – Voluntary Dismissal after Statutory Offer

Mon Chong Loong Trading Corp. v. Superior Court - California Court of Appeal, Second Appellate District (July 23, 2013) - California Code of Civil Procedure Section 998 offers to settle cases are a crucial tool in…more

Expert Witness, Fees, Voluntary Dismissals

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James Regan

Weekly Law Resume - June 27, 2013: Duty of Care – Vendor’s Duty to Third Parties

Anthony Pedeferri, et. al. v. Seidner Enterprises, et. al. - Court of Appeal, Second District (May 15, 2013) - Does a commercial vendor owe a duty of care to persons on or near the roadway who are injured as a result…more

Directed Verdicts, Duty of Care, Jury Verdicts, Liability, Negligence

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Guy W. Stilson

White Paper: Time Limits for Witness Depositions

In 2012, California Governor Jerry Brown signed into law (effective January 1, 2013) a bill that became Code of Civil Procedure section 2025.290. Subdivision (a) of the statute sets a seven hour maximum time limit for the…more

Court Appearances, Depositions, Witness

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