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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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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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Sometimes Complete Disclosure, Disinterestedness and an Approved Employment Application are Not Good Enough!

Published on October 12, 2016 by

On August 24, 2015, Judge Lee, a Bankruptcy Judge in the Eastern District of California, disqualified the Estate’s general bankruptcy counsel even though counsel was properly employed under § 327(a). The Court found that counsel was a disinterested person within the meaning of the code and did not hold or represent an interest adverse to […]

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Rule 9011 is Applied Much More Harshly to Bankruptcy Cases than its Rule 11 Counterpart!

Published on October 12, 2016 by

At this month’s Southern California Bankruptcy Inn of Court meeting, now called the James T. King Inn of Court, we had a lively discussion regarding whether attorneys may engage in litigation for the purpose of harassing the other party. The room was fairly evenly split with half saying absolutely not while the other half focused […]

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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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Is It Community Property Or Separate Property?

Published on October 11, 2016 by

The 9th Circuit really confused a lot of people in 2003 when it incorrectly interpreted California community property laws. The confusion spread to California courts of appeal until finally corrected by the California Supreme Court in 2014! In Hanf v. Summers (In re Summers), 332 F.3d 1240 (9th Cir.2003), the pertinent facts are as follows: […]

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