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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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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Insurance Coverage – “Other Insurance” Provisions Between Excess Carriers

Advent, Inc. v National Union Fire Ins. Co. of Pittsburgh, PA - Court of Appeal, Sixth Appellate District (December 6, 2016) - Historically, “other insurance” clauses in liability policies were designed to prevent…more

Additional Insured, Burden-Shifting, Equitable Contribution, Excess Policies, Liability Insurance

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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 – Statute of Limitations – General v. Professional Negligence

Manuel Nava v. Saddleback Memorial Medical Center, et al. - Court of Appeal, Fourth Appellate District (October 18, 2016) - Recently, in Flores v. Presbyterian Intercommunity Hospital (2016) 63 Cal.4th 75, the…more

CA Supreme Court, Medical Malpractice, Negligence, Statute of Limitations, Summary Judgment

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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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Foreclosures – Enforcement of Judgments – Equitable Redemption

Yung-Shen Steven Lee v. Howard Rich - Court of Appeal, Fourth Appellate District (November 30, 2016) - In 1982, the California Legislature enacted the Enforcement of Judgments Law (“EJL”), Code of Civil Procedure…more

Appeals, Cal Code of Civil Procedure, Default Judgment, Due Process, Equitable Relief

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Asbestos Alert: Government Contractor Defense Available to Broker Which Arranged for Asbestos-Containing Insulation to Be Provided to Navy

California Court of Appeal, First Appellate District (November 22, 2016) - The Government Contractor defense is available in asbestos lawsuits brought against manufacturers and suppliers of military hardware and…more

Asbestos, Asbestos Litigation, Brokers, Failure To Warn, Federal Contractors

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Recovery of Contractual Attorneys’ Fees for Tort and Contract Claims - Dismissing Contract Action May Mean Attorney’s Fee Liability.

Dismissing Contract Action May Mean Attorney’s Fee Liability. Neeshat S. Khan v. Michael Shim - Court of Appeal, Sixth Appellate District (December 29, 2016) - Civil Code § 1717(b)(2) generally bars the award of…more

Appeals, Attorney's Fees, Breach of Contract, Dismissals, Purchase Agreement

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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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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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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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Employment Discrimination: Hostile Work Environments, Disparate Treatment and Retaliation

Hostile work environments require both prompt and effective responses from employers. Efrain Reynaga v. Roseburg Forest Products - Court of Appeals, Ninth Circuit (January 26, 2017) - Courts have long recognized…more

Disparate Treatment, Hostile Environment, Race Discrimination, Remand, Retaliation

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False Advertising and Consumer Remedy Laws

Veera et. al. v. Banana Republic, LLC - COURT OF APPEAL, SECOND APPELLATE DISTRICT (December 15, 2016) - The Unfair Competition Law (Bus. & Prof. Code, §17200 et seq.) (“UCL”) and the False Advertising Law (Bus. &…more

Banana Republic, False Advertising, Injury-in-Fact, Putative Class Actions, Retailers

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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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Contact

505 Montgomery Street
7th Floor
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
Locations
Other U.S. Locations
  • California
Number of Attorneys

25-50 Attorneys

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