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

For Purposes of a General Release Agreement, an “Affiliate” is not Defined by a Mere Contractual Relationship

Muhammad Iqbal v. Imran Ziadeh - COURT OF APPEAL, THIRD APPELLATE DISTRICT (March 24, 2017) - The issue in this case is whether plaintiff’s release in a previous case immunized defendant Imran Ziadeh (“Ziadeh”) against…more

Affiliates, Appeals, Bodily Injury, Release of Liability, Summary Judgment

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Torts – Trail Immunity

Trail immunity will not protect against being hit by a stray golf ball, but it may provide certain parties with absolute immunity from resulting litigation. Miguel Leyva, et al. v. Crockett & Company, Inc. - Court of…more

Easements, Immunity, Public Entities, Recreational Use, Summary Judgment

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Insurance Coverage – Exclusion for Vehicles “Normally Made Available”

Purchasing optional liability coverage for employees’ foreseeable personal use of company vehicles can prevent your employees from being financially at risk. Javier Medina v. Geico Indemnity Company …more

Auto Insurance, Car Accident, GEICO, Insurance Litigation, Policy Exclusions

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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-Damages for Cutting Trees

The CA Court says that willfully and intentionally cutting down your neighbor’s tree is a ‘treble’ thing for noneconomic damages if it annoys/disturbs your neighbor. Jeanette E. Fulle v. Kaveh M. Kanani - Court of…more

Cal Code of Civil Procedure, Non-Economic Damages, Property Owners, Treble Damages, Trees

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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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Court Finds Taxi Cab Company Vicariously Liable for Taxi Driver’s Negligence

Emanuele Secci v. United Independent Taxi Drivers, Inc. - Court of Appeal, Second Appellate District 8 Cal.App.5th 846 (February 15, 2017) - The California Court of Appeals reinstated a jury verdict of $335,000 after…more

Agency Relationship, Appeals, Bodily Injury, Independent Contractors, Jury Verdicts

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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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Strict Adherence to the Government Claims Act is Required

J.M., a Minor, etc. v. Huntington Beach Union High School District - Supreme Court of California 2 Cal.5th 648 (March 6, 2017) - Government Code sections 810 et seq. (“The Act”) set forth the procedures and…more

Bodily Injury, CA Supreme Court, Public Entities, State Law Tort Claims, Student Athletes

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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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The Bright Line Rule Defining When a Jury is Empaneled and Sworn

Ruth Stueve, et al. v. Buchalter Nemer, et al. - Court of Appeal, Fourth Appellate District January 18, 2017 - Under California law, an action must be “brought to trial” within five years of the filing of a civil…more

Appeals, Jury Trial, Statute of Limitations, Voir Dire

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Contractor May Receive Indemnity Despite Alleged Active Negligence or Willful Misconduct

Oltmans Construction Co. v. Bayside Interiors, Inc. - Court of Appeal, First Appellate District, 10 Cal.App.5th 355 (March 30, 2017) - Civil Code § 2782.05 renders an indemnity provision in a contract void and…more

Appeals, Construction Contracts, Construction Industry, General Contractors, Indemnification Clauses

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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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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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