Low, Ball & Lynch

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505 Montgomery Street
7th Floor
San Francisco, CA 94111-2584, United States
Phone: (415) 981-6630
Fax: (415) 982-1634
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Construction Law
  • Government
  • Insurance
  • Labor & Employment Law
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Toxic Torts
  • Transportation
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys
25-50 Attorneys

Recover of Costs After Arbitration Pursuant to C.C.P. § 998

Alan Heimlich v. Shiraz M. Shivji - Court of Appeal, Sixth Appellate District (May 31, 2017) - Must a party that has served a statutory offer to compromise pursuant to Code of Civil Procedure Section 998 present it to the…more

Appeals, Arbitration, Arbitration Awards, Attorney's Fees, Commercial Arbitration

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Insurance Coverage – Has a “Collapse” occurred?

Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Co. - Court of Appeal, Second Appellate District (July 3, 2017) - Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Co. (“Tustin”), was an insurance coverage…more

Appeals, Insurance Industry, Insurance Litigation, Motion for Judgment, Negligence

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Insurance Coverage Applies for Cost of Repair, Even When Cost Exceeds Value

California Fair Plan Association v. Marlene Garnes - Court of Appeal, First Appellate District (June 14, 2017) - On a fire insurance policy, is a “total loss” one in which the damage exceeds the fair market value of the…more

Appeals, Fair Market Value, Fire Insurance, Insurance Code, Insurance Litigation

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Primary Assumption of Risk – Subjective Awareness and Increasing Risk Beyond Inherent Risk

Scott Griffin v. The Haunted Hotel, Inc. - Court of Appeal, Fourth Appellate District (November 20, 2015) - Since the landmark case, Knight v. Jewett (1992) 3 Cal 4th, 296, it has been held in California that the…more

Amusement Parks, Appeals, Assumption of the Risk, Implied Consent, Recreation

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Weekly Law Resume: The Court Re-Affirms that the Litigation Privilege of Civil Code Section 47(b) is Absolute

Leslie Falcon, et. al. v. Long Beach Genetics, Inc. et. al. - Court Of Appeal, Fourth District (March 18, 2014) - Civil Code Section 47(b), known as the litigation privilege, provides that a ‘publication or…more

DNA, Genetic Materials, Human Genes, Litigation Privilege, Paternity

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Torts – U.S. Supreme Court Limits California Jurisdiction

Bristol-Myers Squibb Company v. Superior Court California, San Francisco County, et al. - United States Supreme Court (June 19, 2019) - More than 600 plaintiffs (most of whom were not California residents) brought product…more

Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, Due Process, Forum Shopping, Fourteenth Amendment, General Jurisdiction

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Construction Defect – Application of the Right to Repair Statute to Material Suppliers

The Right to Repair Statute in California requires a homeowner show a breach of contract or negligence to succeed. Acqua Vista Homeowners Association v. MWI, Inc. - California Court of Appeals, Fourth Appellate…more

Appeals, Breach of Contract, Condominiums, Construction Contracts, Construction Defects

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The Second Appellate District Refuses to Overturn a Jury Verdict Despite Defendant’s Admission of Causation and Bad Judgment

Sassa Minnegren v. Joshua B. Nozar - Court of Appeal, Second Appellate District (October 24, 2016) - In auto collision cases, the law establishes “that every mistake of judgment is not negligence, for mistakes are made…more

Abuse of Discretion, Car Accident, Negligence

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Construction Defect – Right to Repair Act

Ann. E. Gillotti v. Eugene W. Stewart, et al. - Court of Appeal, Third Appellate District (April 26, 2017) - In Gillotti v. Stewart, the California Court of Appeals held that the Right to Repair Act, Civil Code § 895 (the…more

Appeals, Common Law Claims, Construction Contracts, Construction Industry, General Contractors

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Trial Court Committed Error in Excluding Evidence of Future Affordable Care Act Benefits in Medical Malpractice Case

Cuevas v. Contra Costa County - First Appellate District, Division One (April 27, 2017) - In an ordinary personal injury lawsuit, a defendant may not introduce evidence of amounts the plaintiff received from insurance…more

Admissible Evidence, Affordable Care Act, Bodily Injury, Collateral Source Rule, Insurance Claims

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Where do you Work? Going and Coming Rule – Business Errand Exception

Michael J. Sumrall, et al., v. Modern Alloys, Inc. - Court of Appeal, Fourth Appellate District (April 13, 2017) - California Jury Instruction No. 3724 sets forth the Going-and-Coming Rule – Business Errand Exception,…more

Car Accident, Employer Liability Issues, Going and Coming Rule

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Childhood Sexual Abuse – Delayed Accrual of Plaintiff’s Claims Against a Public Entity

Latrice Rubenstein v. Doe No. 1, et al. - Court of Appeal, Fourth Appellate District (March 22, 2016) - Generally, a civil cause of action for child molestation accrues at the time of the molestation, but delayed…more

Cal Code of Civil Procedure, Cause of Action Accrual, Child Abuse, Jurisdiction, Public Entities

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Product Liability: Consumer Expectation and Risk Benefit

Kawika Demara, et al. v. The Raymond Corporation, et al. - California Court of Appeal, Fourth Appellate District (July 18, 2017) - Kawika Demara was a warehouse employee at the time his foot was crushed under the drive…more

Causation, Consumer Expectations Test, Motion for Summary Judgment, Negligence, Risk-Benefit Test

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Remedies – Admission of Vicarious Liability not a Shield to Punitive Damages

CRST, Inc., et al. v. The Superior Court of Los Angeles County- Court of Appeal, Second Appellate District (May 26, 2017)- In CRST, Inc., et al. v. The Superior Court of Los Angeles County, the California Court of Appeals…more

Appeals, Employee Misconduct, Employer Liability Issues, Punitive Damages, Respondeat Superior

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Insurance Bad Faith – Genuine Dispute Doctrine

Carmen Zubillaga v. Allstate Indemnity Company - Court of Appeal, Fourth Appellate District (June 19, 2017) - The “genuine dispute doctrine” provides an insurer a defense against a bad faith claim when there is a genuine…more

Allstate, Bad Faith, Car Accident, Defense Strategies, Insurance Litigation

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Employment Law – Rest Break Requirement for On-Call Work

Jennifer Augustus, et al. v. ABM Security Services, Inc. - California Supreme Court (December 22, 2016) - The California Supreme Court reinstated a nearly $90 million award recently supporting a class action claim of…more

CA Supreme Court, Class Action, Labor Code, Rest and Meal Break, Reversal

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Expert Opinions are Excluded from Summary Judgment if Disclosure Requirements not Met

Wilson Dante Perry v. Bakewell Hawthorne, LLC - Supreme Court of California 2 Cal. 5th 536 (February 23, 2017) - After a trial date is set, a party may demand a simultaneous exchange of expert witness information by all…more

CA Supreme Court, Cal Code of Civil Procedure, Disclosure Requirements, Expert Testimony, Summary Judgment

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Insurance Bad Faith – Insurer Cannot Rescind Policy Because Insured Answered Application Questions Correctly

Victor Duarte v. Pacific Specialty Insurance Company - Court of Appeal, First Appellate District (June 12, 2017) - Under the legal principle of “rescission,” an insurance company can rescind an insurance policy if the…more

Cancellation Rights, Civil Code, Duty to Defend, Insurance Litigation, Material Misrepresentation

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Expert Failed to Offer Admissible Evidence in Opposition to Motion for Summary Judgment

Sanchez v. Kern Emergency Medical Transportation Corporation - COURT OF APPEAL, FIFTH APPELLATE DISTRICT (February 6, 2017) - An expert opinion filed in opposition to a summary judgment must be based on admissible…more

Admissible Evidence, Bodily Injury, Expert Testimony, Motion for Summary Judgment, Negligence

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Asbestos Alert: Employers and Land Owners Have Duty to Take-Home Exposure Plaintiffs

Kesner v. Pneumo Abex, LLC - Supreme Court of California (December 1, 2016) We first reported on this case on May 14, 2014, when the Court of Appeal ruled. The case was further appealed to the California Supreme Court,…more

Asbestos, Asbestos Litigation, CA Supreme Court, Duty of Care, Employer Liability Issues

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