Low, Ball & Lynch

505 Montgomery Street 7th Floor
San Francisco, CA 94111-2584, United States

  • (415) 981-6630
  • (415) 982-1634

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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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 – Duty to Defend – Construction Defects

Regional Steel Corporation v. Liberty Surplus Insurance Corporation - Court of Appeal, Second Appellate District (June 13, 2014) - There has been a split of decisions in California as to whether incorporation of a…more

Appeals, Commercial General Liability Policies, Construction Contracts, Construction Defects, Cross-Complaints

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Treating Physician Testimony May Establish Reasonable Value of Medical Bills

Joaquin Ochoa, et al. v. Jesus Felipe Dorado, et al. - Court of Appeal, Second Appellate District, Division Three (Shasta) (July 22, 2014) - Joaquin Ochoa and Imelda Moreno (“Plaintiffs”) were traveling in a…more

Appeals, Expert Testimony, Motions in Limine, Physicians, Trucking Accident

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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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Architects and Design Professionals Can Be Held Liable for Defects Based On Third Party Claims

A homeowners association, on behalf of its members, sued a condominium developer and various other parties for construction design defects that allegedly made their homes unsafe and uninhabitable for a significant portion of the…more

Architects, Condominiums, Construction Defects, Construction Industry, Design Defects

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Recoverable Costs As Prevailing Party – Subpoenaed Medical Records

Naser v. Lakeridge Athletic Club - Court of Appeal, Fifth Appellate District (June 27, 2014) - Pursuant to California Code of Civil Procedure (CCP) § 1032, a prevailing party is entitled to recover costs. The…more

Legal Costs, Recovery Laws, Rules of Civil Procedure

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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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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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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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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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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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Tort Actions Against Public Entities – CCP § 1038 Sanctions Cannot be Awarded Against Parties’ Counsel

Kathryn Settle v. State of California - California Court Of Appeal, Second Appellate District (July 23, 2014) - When a public entity is sued in tort, Code of Civil Procedure (“CCP”) § 1038 requires a mandatory…more

Attorney's Fees, Public Entities, Rules of Civil Procedure, Sanctions

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“California’s Right To Repair Act Is Not A Homeowner’s Exclusive Remedy When Construction Defects Cause Actual Property Damage.”

The California Court of Appeals recently issued two decisions holding that California’s Right to Repair Act (“SB 800”) is not the exclusive remedy for a homeowner seeking damages for construction defects that have also resulted…more

Construction Defects, Construction Disputes, Property Damage, Property Insurance, Repairs

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Weekly Law Resume: Civil Procedure – Stipulated High/Low Arbitration Binding as Contractual Term

Elsie Horath v. John Hess - Court Of Appeal, Fourth District (April 10, 2014) - Parties sometimes stipulate to high end/low end figures for arbitration, in an attempt to resolve a case that might not otherwise…more

Arbitration, Binding Arbitration, Stipulations

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Real Estate – Multiple Agents From One Brokerage and Their Fiduciary Obligations

Hiroshi Horiike v. Coldwell Banker Residential Brokerage Company, et al - Court of Appeal, Fourth District (April 9, 2014) - In real estate transactions, it is not uncommon for one agent to represent both the buyer…more

Appeals, Coldwell Banker, Fiduciary Duty, Real Estate Agents

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Torts – Standard for Elder Abuse v. Professional Negligence

Gregory Worsham v. O’Connor Hospital, et. al. - Court of Appeal, Sixth District (May 20, 2014) - The Elder Abuse Act (“Act”) does not apply to simple or gross negligence by health care providers. This case…more

Elder Abuse, Hospitals, Physicians, Professional Liability, Professional Negligence

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Asbestos Alert: Failure To Recognize A Defendant’s Name Insufficient To Support Summary Judgment

Ganoe v. Metalclad Insulation Corp. - California Court of Appeal, Second Appellate District (July 21, 2014) - Metalclad was an insulation contractor. Mark Ganoe worked in Department 132 at Goodyear Tire & Rubber…more

Asbestos, Asbestos Litigation, Goodyear, Wrongful Death

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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

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