Low, Ball & Lynch

Vehicle Passenger May Be Liable for Influencing or Encouraging Driver’s Conduct That Results in Harm to a Third Party

Miriam Navarrete, et al. v. Hayley Meyer - California Court of Appeal, Fourth Appellate District (June 22, 2015) - The California Fourth Appellate District reversed the trial court’s summary judgement in favor of…more
| Personal Injury

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
| Civil Procedure, Personal Injury, Toxic Torts

Proper Measure of Medical Damages, Admissibility Of Evidence, and Sufficiency of Evidence in Tort Cases Involving an Uninsured Plaintiff

Omar Bermudez v. Faith Ciolek - Court of Appeal, Fourth Appellate District (June 22, 2015) - Issues that remained unanswered after the Howell and Corenbaum decisions included: (1) what is the proper measure of damages…more
| Civil Procedure, Civil Remedies, Insurance, Personal Injury

Conclusory Allegations Held Insufficient to Support Declaratory Relief on Right to Independent Counsel or Allocation of Defense Costs

Centex Homes v. St. Paul Fire & Marine Ins. Co., et al. - Court of Appeal, Fourth Appellate District (May 22, 2015) - In Centex Homes v. St. Paul Fire & Marine Ins. Co. (No. E060057, filed 5/22/15), a California Court…more
| Commercial Law & Contracts, Construction Law, Insurance

Construction Licensing – Substantial Compliance – Settlements and Suspension of License

Pacific Caisson & Shoring, Inc. v. Bernards Bros. Inc. - Court of Appeal, Second Appellate District (May 18, 2015) - Business and Professions Code Section 7031 precludes a contractor from maintaining any action to…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law

Real Property – Court’s Power to Issue Equitable Easements

Lilli Shoen v. Juliet Zacarias - Court of Appeal, Second Appellate District (May 22, 2015) - A trial court has the power to issue an equitable easement authorizing a trespasser to continue her trespass in exchange…more
| Civil Procedure, Constitutional Law, Zoning, Planning & Land Use, Real Estate - Residential

Insurance Coverage – Duty to Defend – Intentional Acts

Shelly Albert v. Mid-Century Insurance Company - Court of Appeal, Second Appellate District (May 20, 2015) - Generally, when an act by an insured is intentional, Courts have consistently held that there is no…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

Unfair Business Practices – Hospital’s “Facility Fee” Billed To New Patients

Justin Nolte et al., v. Cedars Sinai Medical Center - Court of Appeal, Second Appellate District (May 21, 2015) - Generally, a business practice is unfair if it violates established public policy or if it is…more
| Business Organizations, Commercial Law & Contracts, Consumer Protection, Health

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
| Civil Procedure, Personal Injury, Health

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
| Civil Procedure, Construction Law

Food for Thought – Ten Post ADCNC Construction Defect meeting comments on “the system” by CD practitioners

The process still works if everyone cooperates. That means plaintiffs, developers, subcontractors and insurance companies. A breakdown exists in the following areas: Plaintiffs are not being uniformly required to provide…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance

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
| Civil Procedure, Personal Injury

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
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

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
| Alternative Dispute Resolution (ADR), Civil Procedure, Construction Law, Real Estate - Residential

A Personal Injury Claim Involving a Patient’s Fall on a Wet Hospital Floor Is Not Within the Scope of MICRA’s One-Year Statute of Limitations

Asma Pouzbaris v. Prime Healthcare Services-Anaheim, LLP - Court of Appeal, Fourth Appellate District (April 23, 2015) - On June 13, 2010, plaintiff Asma Pouzbaris (“Plaintiff”) was admitted to defendant’s…more
| Civil Procedure, Personal Injury, Health
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Contact

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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
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  • Personal Injury
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  • Toxic Torts
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Other U.S. Locations
  • California
Number of Attorneys

25-50 Attorneys

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