Dear Friends and Colleagues:
I am honored to be a co-presenter of this continuing legal education (CLE) program on November 19, 2013, offered by the Los Angeles County Bar Association (LACBA), Remedies Section. This program will explore some unusual resources of levying and enforcement of judgments, which should be of interest to all litigation attorneys or others who are curious about the subject. For more information please visit this web page:
http://onlinestore.lacba.org/calendar/#ViewCalendarEvent.cfm?1=1&CalendarEventID=4413
Posted by on
10.14.13
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Press Release.
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Princeton Review 2014 ranks Loyola Law School, Los Angeles seventh for “Best Professors” and “Best Environment for Minority Students”.
Posted by on
10.22.13
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Press Release.
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California Code of Civil Procedure § 657, subd. (1), allows a new trial to be granted if there was an irregularity in the proceedings. Here, a jury trial was conducted and the jury was poled about their verdict, but the jurors never signed the verdict form. Defendant brought motion for new trial and the trial court granted the motion. California Court of Appeal affirmed.
Posted by on
10.30.13
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Litigation - Verdicts.
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Under California law, a money judgment is enforceable for 10 years. Unless the judgment is renewed prior to the 10-year period, it will become unenforceable. Here, a law firm obtained a judgment in favor of its client. Client allowed the judgment to expire and then sued law firm for malpractice. California Court of Appeal reversed judgment in favor of law firm, because there was no evidence showing judgment could have been collected from judgment debtor.
Posted by on
10.30.13
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Litigation.
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P's home was in foreclosure. 13 days before Bank foreclosed on P’s home, Bank falsely represented in writing to P that no foreclosure sale would occur as long as the matter was under review process. P sued bank. Court of appeal held that the Bank had a duty to act in good faith, the Forbearance Agreement contained an implied covenant of good faith and fair dealing.
Posted by on
11.3.13
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Business - Banking.
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A California corporations rights and privileges are suspended when it fails to pay any tax, penalty or interest due and payable to the California Franchise Tax Board. Here, judgment creditor (a suspended corporation) executed an assignment of judgment. Trial court refused to honor the assignment. Court of appeals affirmed: suspended corporation did not have power to assign its judgment.
Posted by on
11.8.13
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Litigation - Appellate.
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P's original complaint included causes of action that were potentially subject to Anti-SLAPP. Before D could file an Anti-SLAPP motion, P filed an amended complaint that removed the potentially objectionable allegations. California Court of Appeal held: The Anti-SLAPP filed after the filing of amended complaint was moot.
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I was a co-presenter of this Continuing Legal Education (CLE) program, presented by the Los Angeles County Bar Association, Remedies Section.
Posted by on
11.22.13
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Articles.
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Case was removed from trial court to arbitration. Later, some parties came to court seeking sanctions under CCP 128.7, because plaintiff's claims were frivolous. Held: Since case was removed, and the Court did not retain further jurisdiction over the parties, court cannot hear sanctions motion.
Posted by on
11.26.13
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Litigation.
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P entered a contract for harvesting timber. P sued D because the harvest level was below the rate of "176.2 million board feet per year for the first ten years." Trial court granted summary judgment for D, because the contract did not guaranty any such level, and in fact during the contract negotiations such a provision had been rejected. Court of appeal affirmed. What was not guarantied by contract cannot be supplied by covenant of good faith and fair dealing.
Posted by on
12.4.13
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Contracts.
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