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

When Must Employers Provide a “Day of Rest” for California Employees?

Christopher Mendoza v. Nordstrom, Inc. - Supreme Court of California (May 8, 2017) - California Labor Code § 551 states: “Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.”…more
 /  Civil Procedure, Labor & Employment Law

Where do you Work? Going and Coming Rule – Business Errand Exception

Michael J. Sumrall, et al., v. Modern Alloys, Inc. - Court of Appeal, Fourth Appellate District (April 13, 2017) - California Jury Instruction No. 3724 sets forth the Going-and-Coming Rule – Business Errand Exception,…more
 /  Labor & Employment Law

Refusal to Rescind a Voluntary Resignation is not an Adverse Employment Action

Ruth Featherstone v. Southern California Permanente Medical Group - California Court of Appeal, Second Appellate District (April 19, 2017) - Plaintiff alleged that while working for Southern California Permanente Medical…more
 /  Civil Rights, Labor & Employment Law

Torts – Recreational Use Immunity – Consideration Exception

The consideration exception to CA’s recreational use immunity statute is contingent upon payment of consideration, not its receipt by the party seeking immunity. Pacific Gas and Electric Company v. The Superior Court of San…more
 /  Civil Procedure, Civil Remedies, Personal Injury

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
 /  Business Organizations, Civil Procedure, Civil Remedies, Personal Injury

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
 /  Commercial Law & Contracts, Construction Law, Labor & Employment Law, Personal Injury

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
 /  Civil Procedure, Civil Remedies, Insurance, Personal Injury, Professional Malpractice

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
 /  Civil Procedure

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
 /  Civil Procedure, Personal Injury

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
 /  Civil Procedure, Education, Personal Injury

Torts – Youth Soccer Association has a duty to require and conduct criminal background checks on its employees and volunteers.

Jane Doe, a minor, v. United States Youth Soccer Association, Inc., et al. - Court of Appeal, Sixth Appellate District (February 22, 2017) - This case analyzed whether youth soccer organizations may be liable to a…more
 /  Art, Entertainment, & Sports Law, Labor & Employment Law

Defendants Cannot Compel Plaintiff to Receive a Vocational Rehabilitation Examination

Mohammed Haniff v. The Superior Court of Santa Clara County - Court of Appeals, Sixth Appellate District (March 18, 2017) 9 Cal.App. 5th 191 - When a personal injury plaintiff claims he or she can no longer perform…more
 /  Civil Procedure, Personal Injury

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
 /  Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Personal Injury

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
 /  Civil Remedies, Real Estate - Residential

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
 /  Civil Remedies, Personal Injury
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