Low, Ball & Lynch

C.C.P. § 998 Offers – Invalid When Settlement Agreements Required

Charles Steven Sanford v. Jacy Leann Rasnick, et. al. - Court of Appeal, First Appellate District (April 25, 2016) - The effect of a valid Code of Civil Procedure section 998 offer that is not accepted is to establish…more
| Civil Procedure, Personal Injury

Enforcement of Settlement Agreement – Satisfaction of Liens as a Condition Precedent

Keith Karpinski v. Smitty’s Bar, Inc. - Court of Appeal, First Appellate District (April 12, 2016) - Code of Civil Procedure § 664.6 provides that the court may enforce a judgment where the parties in litigation have…more
| Civil Remedies, Personal Injury

Police Immunity From Civil Liability Resulting From Vehicular Chases

Rosemary Morgan, et al. v. Beaumont Police Department, et al. - Court of Appeal, Fourth Appellate District (April 4, 2016) - Police Departments have historically enjoyed statutory immunity from any civil lawsuits…more
| Civil Procedure, Labor & Employment Law, Personal Injury

LBL’S Persistence Pays Off With Sanctions Against Plaintiff's Counsel

LBL is currently defending a big box store in an alleged bedbug infestation case. During the course of litigation, Plaintiff’s counsel cancelled three properly-noticed depositions of his client. Upon cancelling the third…more
| Civil Procedure, Civil Remedies

Insurance Coverage – Equitable Contribution – “Other Insurance” Clauses

Certain Underwriters at Lloyds, London v. Arch Specialty Insurance Co. - Court of Appeal, Third Appellate District - (April 11, 2016) The original purpose of “other insurance” clauses was to prevent multiple…more
| Civil Procedure, Civil Remedies, Insurance

Asbestos Alert: Asbestos Bankruptcy Trusts and Legislation

When asbestos litigation became extremely costly to defend, to settle and to pay judgments, companies began filing for protection under the Bankruptcy laws. In the three decades since Johns Manville and UNR Industries filed the…more
| Bankruptcy, Civil Remedies, Elections & Politics, Products Liability, Wills, Trusts, & Estate Planning

Sophisticated User Defense Does Not Extend to Salesman

Richard Moran III v. Foster Wheeler Energy Corporation - Court of Appeal, Second Appellate District (April 13, 2016) - In 2008, the California Supreme Court unanimously held that the “sophisticated user” defense…more
| Civil Procedure, Energy & Utilities, Labor & Employment Law, Personal Injury, Products Liability

Cell Phones Allowed in Courtroom to Access CART Service

Yesterday, precedent was set at the United States Supreme Court. Not a legal precedent, but a practical one: cell phones were allowed in the courtroom…more
| Civil Procedure

Dismissal of Class Action – No Community of Interest

Jeffrey Schermer, et al. v. Thomas T. Tatum, et al. Court of Appeal, Fourth Appellate District (March 18, 2016) Class actions are permitted “when the question is one of a common or general interest, of many persons,…more
| Civil Procedure, Real Estate - Residential

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
| Civil Procedure, Education

Settlement Agreements That are Silent Concerning Allocation of Costs Can Result in Costs Awarded to Plaintiff

Maureen DeSaulles v. Community Hospital of the Monterey Peninsula - Supreme Court (March 10, 2016) - In an action for alleged disability discrimination and related claims, the Supreme Court had to determine whether a…more
| Civil Procedure, Civil Remedies, Civil Rights

Torts – Negligence Per Se and Causation/CCP 998 Offers

Anthony Toste v. CalPortland Construction et al. - Court of Appeal, Second Appellate District (March 2, 2016) - In many tort actions, plaintiff will argue that the defendant violated some statute or ordinance and was…more
| Civil Procedure, Construction Law, Personal Injury, Transportation

Unlawful Detainer – “Lease” v. “Sale” Agreement

Jon Taylor, et al. v. Nu Digital Marketing, Inc. - Court of Appeal, Third Appellate District (February 29, 2016) - An unlawful detainer action is authorized and governed by California Code of Civil Procedure §1161 et…more
| Civil Procedure, Civil Remedies, Real Estate - Residential

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
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

Insurance Coverage – Equitable Subrogation – Doctrine of Superior Equities

Amco Insurance Company, et al. v All Solutions Insurance Agency, LLC - Court of Appeal, Fifth Appellate District (February 8, 2016) - Equitable subrogation is most commonly employed when an insurer pays its insured…more
| Business Torts, Civil Procedure, Civil Remedies, Insurance
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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Organizations
  • Business Torts
  • Civil Rights
  • Construction Law
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  • Personal Injury
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Other U.S. Locations
  • California
Number of Attorneys

25-50 Attorneys

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