GREAT RESULTS AND NEWS

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GREAT RESULTS FOR OUR CLIENTS

Monterey Partner Christine Balbo Reed, obtained a defense verdict in the Alameda Superior Court case entitled Notarmaso v. Aaron’s Inc. Plaintiff and her two year old son allegedly received bedbug bites from previously leased bedroom furniture. Plaintiffs claimed bite injuries, shame and depression relating to the exposure and property damage. During the nine days of trial, the defense aggressively attacked plaintiff’s lack of evidence that the bedbugs came from Aaron’s when the furniture was delivered at her apartment. The jury agreed with the defense and expressly found that Aaron’s was not negligent, did not breach its contract, nor did it provide an improper product to its client. Congratulations to Christine, and Aaron’s Inc. on this vindicating trial result.

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 an order sustaining the demurrer without leave to amend, judgment for the defendants and dismissal of the action.

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 deposition, LBL Monterey shareholder Christine B. Reed and LBL Monterey associate Eric C. Fonferek brought a Motion to Compel Plaintiff’s appearance at deposition, seeking monetary sanctions.  Plaintiff’s counsel agreed to produce Plaintiff shortly after being served with the Motion.  The deposition was conducted as scheduled.  However, LBL did not take the Motion off calendar, believing that despite the fact that Plaintiff’s counsel, belatedly, begrudgingly and under the threat of motion ultimately produced Plaintiff, its client was entitled to monetary sanctions because Plaintiff’s counsel’s refusal to produce his client was without substantial justification (CCP § 2025.450 (g)(1)).  Defendant was forced to expend unnecessary time, fees and costs.

Plaintiff’s counsel vehemently disagreed in its opposition, calling LBL’s motion for sanctions frivolous and an egregious misuse of the discovery process.  Plaintiff sought sanctions of its own against Defendant and LBL.

Ultimately, the Alameda County Superior Court decided that Plaintiff’s counsel acted without substantial justification in his refusal to produce Plaintiff for deposition, denied Plaintiff’s motion for sanctions and ordered monetary sanctions in favor of Defendant.

Plaintiff filed a complaint in San Francisco County Superior Court, claiming that his property manager had impermissibly evicted him and taken his personal property. Plaintiff also claimed the conditions of his apartment breached the implied warranty of habitability. Charles Redfield of Low, Ball & Lynch represented the property manager. Plaintiff had been evicted from his apartment pursuant to a stipulated judgment, after the property management company had filed an unlawful detainer action against plaintiff. In a published opinion, the Court of Appeal held that plaintiff’s claims were barred by res judicata. The official title of the case is Needelman v. Dewolf Realty Co. (2015) 239 Cal.App.4th 750. The California Supreme Court denied plaintiff’s petition for review.

Plaintiff filed a lawsuit in Alameda County alleging that he had contracted mesothelioma, a cancer which has been linked to asbestos exposure. He sued a number of defendants, including a public entity represented by Low, Ball & Lynch, alleging that the defendants caused him to be exposed to asbestos at various times. Guy Stilson, a Low, Ball & Lynch partner, filed a motion for summary judgment. Rather than oppose the motion, plaintiff dismissed the public entity defendant.

NEWS & EVENTS

Plaintiff filed a complaint in Contra Costa County against the property manager and Board members…

Yesterday, precedent was set at the United States Supreme Court. Not a legal precedent, but…

On February 24, 2016, Partners Sonja Blomquist and David Blinn joined Carlos Perez and Robert…

Associate attorney Melanie O’Brien has been selected as an Outstanding Volunteer for her work in…

The video broadcast of the Low, Ball & Lynch 2015 Sacramento Seminar is now available…

Shareholder Stephanie Krmpotic will be speaking at the PARMA 2016 Annual Conference on the topic…

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