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Low, Ball & Lynch

Attorney

Latest Publications

Joseph Aguilar

Weekly Law Resume - April 19, 2013: It’s All In the Complaint: Triggering Equitable Indemnity Rights Against Public Entities

Centex Homes, et al. v. The Superior Court of San Diego County Court of Appeal, Fourth District (March 25, 2013) Government Code section 901 provides that a cause of action for equitable indemnity or partial equitable…more

Cross-Complaints, Equitable Indemnity, Pleadings, Public Entities, Service of Process

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Kevin Allen

Weekly Law Resume - May 2, 2013: Torts – Public Entity – Qualified Immunity for Police Officers

A.D., et al. v. California Highway Patrol, et al. - United States Court of Appeals, Ninth Circuit (April 3, 2013) - The concept of qualified immunity involves shielding a police officer from a lawsuit where the…more

Due Process, Fourteenth Amendment, Police, Qualified Immunity

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Mandy Arjmand

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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Michael Beuselinck

Weekly Law Resume - March 8, 2013: Appeals: Revival of Corporate Powers Retroactively Validates Notice of Appeal

Danielle Bourhis et al. v. John Lord et al. Supreme Court of California (March 4, 2013) Under the Revenue and Tax Code, a suspended corporation forfeits its corporate powers, rights and privileges by failing to pay…more

Appeals, Corporate Suspensions

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David L. Blinn

Weekly Law Resume - May 16, 2013: Insurance Coverage – Duty to Defend – Vacant Property

Travelers Property Cas. Co. of America v. Superior Court of California, County of Los Angeles - Court of Appeal, Second District (April 17, 2013) - Most insurers do not like to insure empty buildings. Consequently,…more

Breach of Contract, Duty to Defend, Insurers, Liability Insurance, Loss Coverage

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Kimberly Chin

Weekly Law Resume - March 21, 2013: Ninth Circuit Holds that Jurisdiction Exists as to Homeless Individuals’ Eighth Amendment Challenges to Local Camping and Sleeping Ordinances

Bell, et al. v. City of Boise, et al. United States Court of Appeals for the Ninth Circuit March 7, 2013 Plaintiffs in this case are seven individuals who either are or have been homeless in Boise. They have all been…more

Cruel & Unusual Punishment, Eighth Amendment, Homeless Issues, Local Ordinance, Municipalities

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Joseph Fenech

Weekly Law Resume - January 31, 2013: Construction Defects Premised on Negligent Design Theory

Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP Court of Appeal, First District (December 13, 2012) The First Appellate District reversed a judgment in favor of design professionals and against…more

Architects, Construction Defects, Homeowners' Association, Negligent Design, Privity of Contract

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Laura Flynn

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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Pamela Helman

Weekly Law Resume - February 7, 2013: Protection for Whistleblowers Extended From Employers to Violations by Third Parties, Including Employees

Brian McVeigh v. Recology San Francisco et al. Court of Appeal, First District (January 31, 2013) Under the California False Claims Act (“CFCA”), whistleblowers are given protection when they disclose information to…more

Discrimination, False Claims Act, Fraud, Hiring & Firing, Qui Tam

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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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Dirk Larsen

Weekly Law Resume - January 10, 2013: Dangerous Conditions of Public Property and Third-Party Conduct: The Alleged Condition Must Cause the Conduct, Not Just the Injury

Cordova v. City of Los Angeles California Court of Appeal, Second Appellate District (December 20, 2012) Plaintiffs injured by the negligent or criminal acts of others often allege that a dangerous condition of public…more

Dangerous Condition, Negligence, Public Property, Summary Judgment, Third-Party

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Thomas LoSavio

Weekly Law Resume - May 9, 2013: A Single Statutory Settlement Offer Made to Multiple Plaintiffs in a Wrongful Death Suit is Valid

Amy Jo McDaniel, et al. v. Loyd Richard Asuncion Court of Appeal, Fifth District (March 27, 2013) California has a statutory settlement procedure (Code of Civil Procedure § 998) by which a party may make a written…more

Settlement, Wrongful Death

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Karen L. Moore

Weekly Law Resume - March 14, 2013: A Personal Injury Claim Involving Negligent Failure to Maintain and Inspect Hospital Equipment Is Not Within the Scope of MICRA

Catherine Flores v. Presbyterian Intercommunity Hospital Court of Appeal, Second District (February 27, 2013) Plaintiff Catherine Flores (“Flores”) was a patient at Presbyterian Intercommunity Hospital. On March 5,…more

Failure To Maintain, Healthcare Professionals, Medical Devices, MICRA, Negligence

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Christine Balbo Reed

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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James Regan

Weekly Law Resume - April 4, 2013: Civil Procedure – Peremptory Challenge Under CCP §170.6

Entente Design, Inc., et al. v. Superior Court of San Diego County. Court of Appeal, Fourth District (March 12, 2013) Where a party believes that it cannot get a fair and impartial hearing or trial from the judge,…more

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Aaron P. Shapiro

Weekly Law Resume - March 28, 2013: Civil Procedure – Summary Judgment – Judicial Estoppel

Diane Marie Minish v. Hanuman Fellowship et al. - Court of Appeal, Sixth District (February 25, 2013) - The doctrine of judicial estoppel precludes a party from obtaining an advantage by asserting one position, and…more

Judicial Estoppel, Pleadings, Summary Judgment, Volunteers, Workplace Injury

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Guy W. Stilson

Asbestos Alert: A Single Exposure May Be “Substantial,” and Evidence of Lobbying Is Not Excluded Under The Noerr-Pennington Doctrine

The Court of Appeal has reversed a nonsuit in favor of Amcord based on an epidemiologist’s testimony that a hypothetical worker who poured a bag of gun plastic cement would be at an increased risk for developing mesothelioma…more

Asbestos, Asbestos Litigation, Liability, Noerr-Pennington doctrine, Toxic Exposure

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Steve Werth

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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