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Bankruptcy Appellate Panel Holds That Contempt Proceedings Filed Against Debtor Were Not Subject To Automatic Stay

In In re Dingley (August 6, 2014) --- B.R. ----, 9th Cir.BAP (Nev.), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") held that a creditor did not violate an automatic stay for maintaining a contempt proceeding against a...more

8/18/2014 - Automatic Stay Consumer Bankruptcy Contempt Debt Debtors

Bank Must Face Homeowner’s Negligence Claim Because It Owes A Duty To Use Reasonable Care In Processing Loan Modification

In Alvarez v. BAC Home Loans Servicing L.P. (August 7, 2014, A138443) --- Cal.App. 4th ---, the First District Court of Appeal reversed a judgment entered in favor of Defendants as to fraud, unfair competition and negligence...more

8/15/2014 - Fraud Negligence Reasonable Care Unfair Competition

Claimant Must Exhaust Administrative Remedies Provided For In The Financial Institutions Reform, Recovery, and Enforcement Act of...

After defaulting on his Hawaii home mortgage with Washington Mutual Bank ("Wamu") and facing nonjudicial foreclosure, Todd Rundgren (Hello It's Me) and his wife, Michelle (collectively the "Rundgrens"), sued Wamu and JP...more

8/7/2014 - Administrative Remedies Default FIRREA Foreclosure Fraud JPMorgan Chase Mortgages Non-Judicial Foreclosures Property Owners WAMU

California Law Does Not Prohibit Employers From Deducting From Exempt Employees' Vacation Leave Credits Even For Absences Of Less...

On July 21, 2014, the California Court of Appeal's Fourth Appellate District, Division One, affirmed the trial court's decision in Rhea v. General Atomics (July 21, 2014, D064517 ) ---- Cal.App.4th ---). In reaching its...more

7/25/2014 - Accrued Benefits Exempt-Employees Vacation Leave Vacation Pay

Under Well Established California Law, Judgment In Favor Of Borrower In A Lawsuit Brought To Foreclose A Mechanic's Lien After...

The issue before the Second District Court of Appeal ("Appellate Court") in this published opinion was whether a senior trust deed holder loses its priority lien position after accepting a deed in lieu of foreclosure from its...more

7/16/2014 - Appeals Deed-in-Lieu of Foreclosure Foreclosure Mechanics Lien Mortgages Non-Judicial Foreclosures Senior Lenders Trust Deeds

Update: Employee’s Refusal to Sign Written Disciplinary Notice Not “Misconduct” Under California Unemployment Insurance Code

Approximately two years ago, a California court of appeal held that an employee’s refusal to sign a disciplinary memorandum amounted to misconduct under the California Unemployment Insurance Code, disqualifying him from...more

7/10/2014 - Discipline Termination Unemployment Unemployment Insurance

Court Confirms Bank Can Be Held Liable for Conduct and Representations Occurring During Loan Modification Process

A California Court of Appeal recently held that a defaulting mortgagee can assert claims for breach of contract, wrongful foreclosure, unfair business practices and negligent misrepresentation against the foreclosing bank...more

7/9/2014 - Banks Breach of Contract Foreclosure Loan Modifications Loans Mortgages Popular Wrongful Foreclosures

Court Of Appeal Affirms Dismissal Of Action Against Numerous Financial Institutions Alleging Mortgage And Deed Of Trust On...

Pro Se Plaintiff Yvanova sued a number of financial institutions after her residence was nonjudicially foreclosed alleging one cause of action to quiet title to her residence in herself. Among other things, Plaintiff alleged...more

6/12/2014 - Action to Quiet Title Deed of Trust Dismissals Foreclosure Mortgages

Bank's Decision To Draw From Letter of Credit Does Not Extinguish Entire Debt Because Debt Was Clearly Not Paid In Full

In this breach of commercial guaranty decision, the Court of Appeals reversed the trial court's grant of a motion for nonsuit in favor of the guarantors. The basis for the reversal was that the lender's draw on a letter of...more

6/12/2014 - Banks Breach of Warranty Collateral Guaranty Claims Loans

Pharmacy Manager Fails To Prove Kaiser Had Actual Or Constructive Notice That He Was Working Off-The-Clock

In an appeal from summary judgment, a non-exempt Outpatient Pharmacy Manager (“OPM”) for Kaiser contended that the trial court erroneously held his proffered evidence insufficient to create a triable issue as to whether...more

5/29/2014 - Employer Liability Issues Healthcare Kaiser Permanente Pharmacies Wage and Hour Wages

Developer's Subdivision Project for County Deemed Private Work of Improvement for Purposes of Subcontractor's Claim, Extending...

The California Court of Appeal recently held that where a developer hires a subcontractor to perform work in connection with a subdivision agreement with a public entity, the project may be considered a private work of...more

4/25/2014 - Housing Developers Mechanics Lien Public-Private Partnerships Statute of Limitations Subcontractors Subdivision

Limited Partners Held Personally Liable for Debts of Limited Partnership Where Limited Partnership Was Insolvent

In a case that demonstrates the danger of relying on complex corporate structures to avoid personal liability, a California Court of Appeal recently held two limited partners personally liable for the debts of their limited...more

4/24/2014 - Corporate Governance Insolvency Limited Partnerships Personal Liability Third-Party Risk

CalPERS May Calculate Retirement Benefits for a City Council Member Separately From His Benefits as a City Employee

A city administrator-turned-elected city council member believed his retirement benefits would be based on his highest salary multiplied by all his years of service, including his years on the city council; however CalPERS...more

2/24/2014 - CalPERS ERISA Municipalities Public Employees Public Employers Retirement Plan

Court of Appeal Confirms that Laborers and Materialmen Have Priority over Construction Lenders to Funds Used to Develop the...

A California Court of Appeal recently ruled that a construction lender must make available to stop notice claimants those amounts which the lender has already disbursed to itself on the construction loan. (Brewer Corp. v....more

2/17/2014 - Construction Contracts Construction Loans Contractors Debt

Donning and Doffing Protective Gear Constitutes ‘Changing Clothes’ for Purposes of the FLSA

In a unanimous opinion, the United States Supreme Court held in Sandifer et al., v. United States Steel Corp., 571 U.S. __ (January 27, 2014) that the time employees spent “donning and doffing” protective gear was not...more

2/5/2014 - Collective Bargaining FLSA Sandifer v U.S. Steel Corp SCOTUS Unions Wage and Hour Workplace Attire

Police Officers’ Rights Were Not Violated During Investigation Into Discharge of Weapon

Three police officers alleged their rights were violated during an investigation into the off-duty discharge of a weapon. The court of appeal held that the police officers’ rights were not violated because the investigation...more

1/20/2014 - Investigations Police

California Highway Patrol Officer Who Cannot Perform Activities Required Of All Officers Is Entitled To Disability Benefits Even...

A California Court of Appeal has found that the Board of Administration of the California Public Employees' Retirement System ("CalPERS") erred when it denied a California Highway Patrol ("CHP") officer disability benefits...more

1/13/2014 - CalPERS Disability Disability Benefits Police

Attorney General Determines Business Location Where Employees Work For Someone Other than the Business Owner is a "Place of...

A state legislator requested an opinion from the Attorney General about whether a business site, at which the people working are employed by someone other than the business owner, is a "place of employment" as defined by the...more

12/31/2013 - Employment Policies Health Safety Smoking Bans Workplace Hazards

New Financial Liabilities for Employers Under the Unemployment Insurance Integrity Act Now in Effect

Originally passed in 2011 as part of the Trade Adjustment Assistance Extension Act of 2011 ("TAAEA"), the Unemployment Insurance Integrity Act ("Act") went into effect across the nation on October 21, 2013. The Act mandates...more

12/30/2013 - Hiring & Firing TAAEA Termination Unemployment Benefits Unemployment Insurance Integrity Act

Employee Stated a Claim for Associational Discrimination when Fired After Seeking Time Off to Donate a Kidney to his Sister

A trial court dismissed a lawsuit by a former employee against an employer who fired him after he requested leave to donate a kidney to his physically disabled sister. A court of appeal held that the trial court erred in...more

12/3/2013 - Associational Retaliation Disability Disability Discrimination Discrimination Employer Liability Issues FEHA Termination Unpaid Leave

Doctrine of “Tacking” was Properly Applied to Establish Bank’s Priority in Trademark Action

In a trademark infringement action, a jury found in favor of a foreign bank and against a California financial corporation, where the bank established prior use under the “tacking” doctrine. The Ninth Circuit Court of...more

11/27/2013 - Banks Infringement Prior Art Trademark Litigation Trademarks

Fire Captain’s Comments in Daily Logs Held Subject to Firefighters Procedural Bill of Rights

Since 2008, California firefighters have enjoyed increased procedural protections under the Firefighters Procedural Bill of Rights (FFBOR) (Govt. Code § 3250 et. seq.). Section 3255 of FFBOR provides that “[a] firefighter...more

11/7/2013 - FFBOR Firemen Performance Reviews

California Appellate Court Reaffirms the Trade Secret Displacement (Preemption) Doctrine

Courts continue to define the scope of the emerging trade secret displacement doctrine, (commonly referred to as preemption) which stems from California's Uniform Trade Secrets Act ("UTSA"). The UTSA contains a relatively...more

10/29/2013 - Claim Preclusion Misappropriation Preemption Trade Secrets UTSA

New Law Provides that Public Agencies may not Take Punitive Action Based Solely on the Fact that a Public Safety Officer’s Name is...

The Governor recently approved Senate Bill 313 (“SB 313”), which adds section 3305.5 to the Government Code. Currently, the Public Safety Officers Procedural Bill of Rights Act provides that no punitive action may be taken...more

10/21/2013 - Brady Violation Public Safety

City Not Required to Provide a Defense to Former Administrative Officer Accused of Looting City’s Coffers

The City of Bell (“City”) sued Robert Rizzo (“Rizzo”), its former chief administrative officer, for restitution after he allegedly looted the City’s coffers. Rizzo, who also faced criminal charges, asserted that the City was...more

10/21/2013 - Criminal Prosecution Embezzlement Municipalities

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