Issued by: David L. Blinn 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 coverage for the act. In this case, the Court considered whether an insured who trimmed trees that turned…

In a wrongful death mesothelioma case in Oakland, Low Ball & Lynch attorneys  Tom LoSavio and Vernice Louie represented an investor-owned public utility which delivers drinking water in the San Jose area.  They tried the case before a jury with Judge Brad Seligman presiding. The plaintiff’s theory was that the defendant knew the dangers of…

Issued by: Charles S. Redfield 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 fail to obtain a more favorable judgment than plaintiff’s Code of Civil Procedure § 998 offer. …

Issue By:  Linda Meyer 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 proceeding of which he complains terminated in his favor.  In this case, plaintiff Lawrence Pasternack (“Pasternack”) appealed an order granting…

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 actual defect analyses – only a theoretical list of defects, subcontractors are not honoring contractual indemnity obligations, additional insured endorsements are often illusory, and insurance…

Issue By:  Janell Alberto 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 intentional sexual molestations committed by their members.  Typically, there must be some form of negligence or responsibility of the…

Shareholder Laura S. Flynn will be participating in a presentation regarding disability discrimination in housing for the San Francisco Apartment Association on Wednesday May 6th from 12:30 to 3:30 pm at the Fort Mason Center, Building C, room 205 in San Francisco.  She will be joined by Kim Blackseth, a Certified Access Specialist, Sue Sheftel,…

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