Low, Ball & Lynch

Negligence –Duty Owed by a Religious Organization to One of its Members Who Has Been Harmed By Another Member

Candace Conti v. Watchtower Bible & Tract Society of New York, Inc., et al. - Court of Appeal, First Appellate District (April 13, 2015) - Historically, churches have not been found vicariously liable for the…more

Appeals, Churches, Failure To Warn, Negligence, Sexual Abuse

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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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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 – Property Casualty – Vandalism Exclusion

Hung Van Ong v. Fire Insurance Exchange - Court of Appeal, Second Appellate District (April 3, 2015) - California’s standard form for fire insurance policies (Insurance Code section 2071) requires coverage for all…more

Appeals, Casualty Insurance, Insurance Litigation, Policy Exclusions, Vandalism

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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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Construction Defects – Settlement Agreement Bars a Later Suit for Latent Defects

David Belasco v. Gary Loren Wells, et al. - Court of Appeal, Second Appellate District (February 17, 2015) - In 2004, David Belasco (“Belasco”) bought a home from general contractor/builder Gary Wells (“Wells”). …more

Appeals, Arbitration, Construction Defects, Construction Industry, Contract Drafting

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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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California Court of Appeals Upholds a Minor’s Release of Liability for Equestrian Trainer in Parents’ Wrongful Death Action

Karan Eriksson, et al., v. Kristi Nunnink - California Court of Appeal, Fourth Appellate District (January 27, 2015) - The California Court of Appeals recently held that a minor’s release of liability was…more

Appeals, Minors, Release of Liability, Wrongful Death

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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, Healthcare Lien Act, Hospitals

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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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Limited Liability Company Members May Be Held Liable After a “De Facto” Dissolution of the Entity

Court Of Appeal, Fourth Appellate District (October 7, 2014)- One of the advantages of the Limited Liability Company (“LLC”) structure is, not surprisingly, that it generally limits the liabilities of its Members. One…more

Appeals, Business Assets, Corporations Code, Dissolution, Liability

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Torts – Negligence – Assumption of the Risk

Robert Fazio, Jr. v. Fairbanks Ranch Country Club - Court of Appeal, Fourth Appellate District (January 29, 2015) - Primary assumption of the risk completely bars a plaintiff’s recovery. However, summary judgment…more

Assumption of the Risk, Causation, Negligence

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Malicious Prosecution – Plaintiff Must Prove Element of Favorable Termination of Entire Underlying Action Before Bringing Malicious Prosecution Claim

Lawrence Pasternack v. Thomas B. McCullough, Jr. et. al. - Court Of Appeal, Fourth District (April 17, 2015) - In a malicious prosecution action, the plaintiff must plead and prove that the prior judicial…more

Appeals, Malicious Prosecution

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Motor Carriers Are Liable For Injuries to Drivers of Leased Vehicles Who Are Classified As Independent Contractors

Jose Vargas v. FMI, Inc. et al. - In Vargas, California’s Second Appellate District held that the Privette doctrine does not shield a motor carrier operating under a federal franchise from liability for tort injuries to…more

Commercial Truck Drivers, FMCSA, Independent Contractors, Liability Insurance, Motor Carriers

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Torts – Effect of Howell Decision on C.C.P. § 998 Offers

Lena Lee, et al. v. Joseph M. Silveira, et al. - Court Of Appeal, Fifth District (May 15, 2015) - A personal injury plaintiff is entitled to recover expert witness fees and pre-judgment interest if the defendants…more

Appeals, Car Accident, Howell Reduction, Medical Expenses, Prejudgment Interest

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Appellate Court Decision Changes Rules on Healthcare Worker Meal Period

Gerard v. Orange Coast Memorial Medical Center - Court of Appeal, Fourth Appellate District (February 10, 2015) - A statute requires two meal periods for shifts longer than 12 hours. But an order of the Industrial…more

Employer Liability Issues, Healthcare, Healthcare Workers, Hospitals, Rest and Meal Break

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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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When Can A Slanderous Facebook Posting Support Personal Jurisdiction?

Douglas Burdick v. The Superior Court of Orange County - Court Of Appeal, Fourth Appellate District (January 14, 2015) - This case helps clarify when an Internet posting may be sufficient to support personal…more

Appeals, Facebook, Personal Jurisdiction, Popular, Slander

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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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