Issue By: David L. Blinn Christ v. Schwartz Court of Appeal, Fourth Appellate District (August 12, 2016) In a personal injury action, a defendant may wish to stipulate to liability where there is no real dispute as to who was at fault for an incident. This case considered whether such a stipulation prevented the defendant…

Plaintiff filed a complaint in Contra Costa County against the property manager and Board members of her Homeowner’s Association, alleging various causes of action involving perceived violations of the Davis-Stirling Act and the Association’s CC&R’s. David Blinn, a Low, Ball & Lynch partner, successfully demurred to the First and Second Amended Complaint, ultimately resulting in…

Issue By: Christine B. Reed Sandquist v. Lebo Automotive, Inc. Supreme Court of California (July 28, 2016) Does the court or the arbitrator decide whether the parties to an arbitration agreement intended class arbitration where the agreement does not contain an express class action waiver? In this case, the California Supreme Court responded that the…

Issue By: David L. Blinn Ace American Insurance Company v. Fireman’s Fund Insurance Company Court of Appeal, Second Appellate District (August 5, 2016) Where an underlying insurer rejects a settlement offer within its policy limits, and the case ultimately settles (rather than goes to judgment) for an amount greater than the primary limits, there has…

Issue By: Vernice T. Louie Maria Delaluz Santos v. Kisco Senior Living, LLC et al. Court of Appeal, Fourth Appellate District (July 22, 2016) The Elder Abuse and Dependent Adult Civil Protection Act, codified in Welfare and Institutions Code §15600 et seq. (“the Act”), represented the California Legislature’s response to the problem of unreported elder…

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