Business Law

As part of its long range strategy plan, the Business Law Section is actively working to create a culture of inclusion for all California business lawyers. To that end, the BLS was proud to share its diversity initiative and efforts with the other Sections of the California Lawyers Association (CLA) at the CLA’s inaugural Winter Leadership Retreat held last month in San Francisco. Read more

The same virtues which make the Limited Liability Company (“LLC”) an attractive entity choice for investors -- limited liability and few required formalities -- also make it susceptible to management choices that may jeopardize the liability shield normally provided for its members and managers. Read more

After obtaining a judgment against a corporate defendant, a plaintiff can seek to amend the judgment to add an individual shareholder, or other entity, as an additional judgment debtor predicated upon showing that the additional shareholder was the alter ego of the original corporate debtor and controlled the initial litigation. CCP §187, See Jack Farenbaugh & Son v. Belmont Construction, Inc. (1987) 194 Cal. App. 3d 1023, 1029-1031, 240 Cal. Rptr. 78; Dow Jones Co. v. Avenel (1984) 151 Cal. App. 3d 144, 148-151, 198 Cal. Rptr. 457; Schoenberg v. Romike Properties (1967) 251 Cal. App. 2d 154, 168, 59 Cal. Rptr. 359; Mirabito v. San Francisco Dairy Co. (1935) 8 Cal. App. 2d 54, 57-60, 47 P.2d 530. Read more

Summary: The California Supreme Court has held that a foreclosure purchaser cannot serve a three-day notice to quit on a commercial tenant until the foreclosure trustee’s deed is recorded, despite a statute providing that the sale is “deemed perfected” on the sale date if the deed is recorded within 15 days. The decision may inadvertently imperil foreclosure sales followed by bankruptcy petitions filed in the gap between the sale date and the recording date. [Dr. Leevil, LLC, vs. Westlake Health Care Center, 2018 Westlaw 6597341 (Cal.).] Read more

Rembrandt: The Bankrupt Printmaker: His Life and Bankruptcy Proceedings of 1656 is a program presented by the Business Law Section Insolvency Law Committee on April 30, 2019. Learn more about our event and we hope to see you there. Read more

Summary: The Ninth Circuit has held that a borrower's claims for rescission under TILA and for damages under state law are governed by the analogous state statute applicable to actions for breach of contract, rather than by TILA itself. [Hoang vs. Bank of America, N.A., 2018 Westlaw 6367268 (9th Cir.).] Read more

Summary: A California appellate court has held that a post-judgment examination of a non-debtor third-party is restricted to matters involving the judgment debtor's property held by that third party or debts owed to the judgment debtor. [Finance Holding Co., LLC vs. American Inst. of Certified Tax Coaches, Inc., 2018 Westlaw 6257480 (Cal.App.).] Read more

The Medical Board of California received an anonymous complaint alleging that Dr. Kamyar Cohanshohet was prescribing excessive narcotics to his patients. After obtaining a report from the Controlled Substance Utilization Review and Evaluation System (CURES) identifying the amount of controlled substances Dr. Cohanshohet prescribed, a Board investigator identified five patients who were possibly prescribed excess doses. The patients refused to release their medical records. Dr. Cohanshohet asserted his patients’ privacy rights and refused to comply with a subpoena to turn them over. The Board then filed a petition seeking an order compelling production of the records. Read more

Agricultural labor, wildfire issues, the future of utilities, water quality, endangered species, and legislative updates were the key topics covered by the legal staff of the California Farm Bureau Federation at its 2019 Ag Issues Update on February 8, 2019. Read more

With SB 1431 (chapter 157, statutes of 2018), the California legislature tweaked two Civil Code sections relating to releases. Read more