Low, Ball & Lynch

Government Tort Claims Act – Claims Presentation Requirements

Emma Esparza v. Kaweah Delta District Hospital - Court of Appeal, Fifth Appellate District (September 21, 2016) - The Government (Tort) Claims Act (the “Act”) mandates that all claims or damages against a public entity…more

Cal Code of Civil Procedure, Government Contractors, Medical Malpractice, Public Entities, Tort Claims Act

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Settlement – Recovering Costs Under CCP § 998 – Multiple Defendants’ Settlement Offer

Brian Kahn v. The Dewey Group, et al. - California Court of Appeal, Second Appellate District (September 8, 2015) - Code of Civil Procedure section 998 (§ 998) is a tool that allows litigants to further settlement…more

Appeals, Attorney's Fees, Cal Code of Civil Procedure, Hazardous Waste, Mistrial

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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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Torts –Civil Rights – “Bright Line” Rule on Standing

Rebecca Osborne v. Bruce Yasmeh, et al. - Court of Appeal, Second Appellate District (July 28, 2016) - In California, two overlapping laws, the Unruh Civil Rights Act (Civil Code § 51) and the Disabled Persons Act…more

ADA, Appeals, Associational Discrimination, Disabled Persons Act, Hotels

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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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Insurance Coverage – Insurance Fraud Prevention Act

The People ex rel. Allstate Insurance Company, et al. v. Daniel H. Dahan, et al. - Court of Appeal, Second District (September 15, 2016) - Under Section 1871.7 of the California Insurance Frauds Prevention Act…more

Allstate, Criminal Prosecution, Fraudulent Transfers, Insurance Fraud, Levy

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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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Homeowners Associations – Business Judgment Rule

Palm Springs Villa II Homeowners Association, Inc. v. Erna Parth - Court of Appeal, Fourth Appellate District (June 21, 2016) - The “business judgment rule” refers to a judicial policy of deference to the business…more

Business Judgment Rule, CC&Rs, Conflicts of Interest, Corporate Officers, Data Breach

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Insurer’s Potential Exposure to Fees and Costs When Prosecuting Indemnity Action under Assignment from Insured

Hearn Pacific Corporation v. Second Generation Roofing, Inc. - Court of Appeal, First Appellate District (May 2, 2016) - It is not uncommon in construction defect and some other cases for an insurer of the general…more

Abuse of Discretion, Assignments, Attorney's Fees, Construction Defects, General Contractors

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Civil Rights – Unruh Civil Rights Act – Standard to be Applied

Daniel Javorsky v. Western Athletic Clubs, Inc. - Court of Appeal, First Appellate District (December 11, 2015) - The Unruh Civil Rights Act (“Act”) provides that all persons are free and equal, and no matter what…more

Age Discrimination, Discount Pricing, Disparate Treatment, Unruh Civil Rights Act

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Anti-Slapp Motions – Published Statements Regarding Matters Not a Issue of Public Interest

Yasser Abuemeira et al. v. John F. Stephens, et al. - Court of Appeal, Second Appellate District (April 27, 2016) - What is a Strategic Lawsuit Against Public Participation (“SLAPP”)? Simply put, a SLAPP is a…more

Anti-SLAPP, First Amendment, Hate Crimes, Protected Activity, Public Interest

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Premises Liability – Nightclub Liable for Rape of Patron by Employee

Janice H. v. 696 North Robertson, LLC - Court of Appeal, Second Appellate District (July 14, 2016) - Under California law, an owner of land has a duty to take affirmative action to control the wrongful acts of third…more

Directed Verdicts, Duty of Care, Negligence, Nightclubs, Premises Liability

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Torts – Effect of The Howell Decision on Liens Brought Under The Hospital Lien Act

Dameron Hospital Association v. AAA Northern California, Nevada, and Utah Insurance Exchange et al. - California Court Of Appeal, Third Appellate District (September 4, 2014) - In Howell v. Hamilton Meats ( 2011)…more

Allstate, Appeals, Health Insurance, Hospitals, Kaiser Permanente

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Weekly Law Resume: Torts – Product Liability – Consumer Expectation Test

Jaklin Mikhal Romine v. Johnson Controls, Inc. et al. Court Of Appeal, Second District (March 17, 2014) - Product liability cases can involve complex mechanisms of injury, and multiple design and manufacturing…more

Consumer Expectations Test, Joint and Several Liability, Nissan, Personal Liability, Risk Assessment

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Intervention by Individual Homeowners Deemed Timely

Ziani Homeowners Association v. Brookfield Ziani LLC, et al. - Court Of Appeal, Fourth Appellate District, Division Three - (December 22, 2015) - The Court of Appeal considered the issue of timeliness of a motion…more

Appeals, Cal Code of Civil Procedure, Construction Defects, Homeowners' Association, Motion To Intervene

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Insurer Liable for Mandatory Double Damages for Failure to Reimburse a Medicare Advantage Organization for Medicare Benefits It Paid to Tort Victim

Humana Medical Plan, Inc. v Western Heritage Insurance Company ____ F.3d ____ 2016 WL 4169120 (11th Circuit, August 8, 2016) - The federal Medicare and Medicaid Acts have been called “among the most completely impenetrable…more

Humana, Insurance Industry, Medical Reimbursement, Medicare, Medicare Advantage Organizations (MAOs)

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Immunity for Mandated Reporters-Elder Abuse

Maria Delaluz Santos v. Kisco Senior Living, LLC et al. - Court of Appeal, Fourth Appellate District (July 22, 2016) - The Elder Abuse and Dependent Adult Civil Protection Act, codified in Welfare and Institutions Code…more

Appeals, Elder Abuse, Immunity, Mandatory Reporting Laws, Residential Care Facilities

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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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Torts – Intentional Interference With Contractual Relations and Intentional Interference With Prospective Economic Advantage – Distinguishing Related Claims

Dan Popescu v. Apple Inc. - Court of Appeal, Sixth Appellate District (July 1, 2016) - The elements of the two separate but related torts of intentional interference with contractual relations (contract interference)…more

Apple, Development Agreements, Interference Claims, Tortious Interference

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Jury Must Decide Whether Facts Exist to Suspend the Accrual of the Statute of Limitations Under The Discovery Rule

Ismael Rosas v. BASF Corporation, et al. - Court of Appeal, Second Appellate District, Division Five (May 21, 2015) - he general rule regarding statutes of limitation is that they do not begin to run until a cause of…more

Appeals, Cause of Action Accrual, Discovery Rule, Manufacturers, Statute of Limitations

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Enforcement of Settlement Agreement – Satisfaction of Liens as a Condition Precedent

Keith Karpinski v. Smitty’s Bar, Inc. - Court of Appeal, First Appellate District (April 12, 2016) - Code of Civil Procedure § 664.6 provides that the court may enforce a judgment where the parties in litigation have…more

Bodily Injury, Cal Code of Civil Procedure, Medical Liens, Negligence, Settlement Agreements

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Five-Year Dismissal Statute not Tolled by Order Staying the Case

Milton Howard Gaines v. Fidelity National Title Insurance Company - Supreme Court of California (February 25, 2016) - Code of Civil Procedure (hereafter “C.C.P.”) § 583.310 requires an action to be brought to trial…more

CA Supreme Court, Foreclosure, Rules of Civil Procedure, Successor Interests, Tolling

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Arbitration Provisions – Class Action Claims

Sandquist v. Lebo Automotive, Inc. - Supreme Court of California (July 28, 2016) - Does the court or the arbitrator decide whether the parties to an arbitration agreement intended class arbitration where the agreement…more

Arbitration Agreements, Arbitrators, CA Supreme Court, Class Action Arbitration Waivers, Contract Interpretation

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Contractual Indemnification

Aluma Systems Concrete Construction of California v. Nibbi Bros. Inc., et al. - Court of Appeal, First Appellate District (August 16, 2016) - This case considered the applicability of a contract’s indemnification…more

Construction Contracts, Construction Project, Defense Strategies, Duty to Defend, Indemnification

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Premises Liability

Victor M. Regalado v. Jeffrey M. Callaghan - Court of Appeal, Fourth Appellate District (September 22, 2016) - Generally, when employees of independent contractors are injured in the workplace, they cannot sue the…more

Affirmative Contribution, Appeals, Construction Project, Controlling Person, Explosions

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Evidence of Industry Custom and Practice May Be Admissible in Strict Products Liability Cases

William Jae Kim, et al. v. Toyota Motor Corporation, et al. - Court of Appeal, Second Appellate District (January 19, 2016) - William Jae Kim and Hee Jon Kim filed a strict products liability action against…more

Auto Manufacturers, Car Accident, Corporate Counsel, Motions in Limine, Product Defects

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505 Montgomery Street
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San Francisco, CA 94111-2584, United States

  • (415) 981-6630
  • (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
Other U.S. Locations
  • California
Number of Attorneys

25-50 Attorneys

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