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9th Circuit Applies California Law to Contract Where Parties Agreed to Apply Georgian Law

Published on October 12, 2016 by

The basic facts of the case are an individual entered into an agreement with a bank located in Georgia to borrow money to purchase her home. It is not clear whether the individual even signed the contract or where the contract was signed but it ends up not mattering because the bank sued in California […]

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Pop Quiz! How Long After Entry Of Order Confirming A Plan Can The Order Be Revoked? Hint: It’s Not What You Thought!

Published on October 12, 2016 by

If an order confirming a Plan of Reorganization is procured by fraud, how many days from entry of order does one have to ask the court to revoke the order? The answer depends on which chapter of the Bankruptcy Code we’re talking about! In a Chapter 12 or Chapter 13 case, one would have up […]

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6th Circuit Holds That FDCPA Protects Corporations

Published on October 12, 2016 by

The FDCPA is a powerful piece of legislature designed to eliminate abusive debt collection practice. The teeth behind the act are an attorney fees clause and provisions that allow for emotional distress and punitive damages to be awarded. One distinction between consumer debt collectors and commercial debt collectors is that those practicing consumer debt collections […]

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Most Commercial Speech is Not Activity Protected by California’s Anti-SLAPP Statute.

Published on October 12, 2016 by

On August 20, 2015, the Los Angeles Division District Court was presented with the issue of whether false advertising on the internet was subject to anti-SLAPP protection. The case is In L.A. Taxi Cooperative, Inc. v. The Independent Taxi Owners Association of Los Angeles and a copy can be found here. Apparently rival cab companies […]

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Fair Use is a Defense to DMCA Takedown Notices and Could Subject Copyright Holders to Attorney Fees

Published on October 12, 2016 by

The Digital Millennium Copyright Act provides a potent mechanism for copyright owners to demand that certain copyrighted materials be taken off of websites. This is because online services providers are given immunity from liability as long as they “expeditiously” remove content after receiving notification from a copyright holder that the content is infringing. The idea […]

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Charging Extra Fees to Credit Card Users in California Soon to Be Legal

Published on October 12, 2016 by

I wrote a three part article here which explained California law as it applied to a retailer’s ability to surcharge for the use of credit cards. The second part discussed the loopholes embedded into the law and discussed why the law is actually bad for consumers and retailers alike. In the final part, it discussed the legality […]

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Credit Card Companies Beware, California Appellate Court Finds That Their Evidence of Debt May Not Be Admissible

Published on October 12, 2016 by

This is a summary of Sierra Managed Asset Plan, LLC, vs. Hale which was published by the California Court of Appeals on August 20, 2015. You can find the case here. Consumer opened a credit card account with Citibank, N.A. He accumulated an unpaid balance of $10,138.41. Through a series of assignments, Sierra acquired Citibank’s […]

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Request for Admissions Are a Powerful Tool Which Should Not Be Taken Lightly

Published on October 12, 2016 by

I found the following case very interesting because based on my limited experience, litigators tend to take a deny everything and admit nothing approach. But as the litigators here found out, this can be a dangerous game. This is a quick summary based on the California Court of Appeals decision in TIMOTHY GRACE et al. […]

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Sometimes the State Court Gets it Right!

Published on October 12, 2016 by

Instead of delving into the actual facts of In re Marriage of Walker, I will use similar facts as they will be easier to understand. You can find the actual case here. House is worth $350,000 with a $150,000 1st priority lien. In a divorce proceeding, a judge will order the sale of the property […]

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Tenants Beware: Stipulation to Judgment May Be Treated as Res Judicata

Published on October 12, 2016 by

This blog is a quick review of Needelman v. DeWolf Realty Company which was entered on July 21, 2015. The tenant entered into a stipulated judgment that specifically provided that Tenant waived “any claims he may have, which [the lessors] assert do not exist, to bring an attempted wrongful eviction against [the lessors] or any […]

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