Business Law

In People's Bail Bonds v. Dobos (In re Dobos), 830 F. App’x 928 (9th Cir. 2020) (unpublished), the United States Court of Appeals for the Ninth Circuit agreed with the Ninth Circuit Bankruptcy Appellate Panel’s affirmance of a bankruptcy court’s order dismissing a plaintiffs’ adversary complaint. Read more

A Bankruptcy Court in the Eastern District of New York recently held that a litigation finance company did not hold an effective assignment of a debtor’s interest in settlement proceeds that did not exist on the petition date nor did it have a secured claim, even in funds subject to debtor’s exemption. Read more

In Williams v. 3620 102nd Street, Inc, 53 Cal. App. 5th 1087 (2020)(“Williams”), the California Court of Appeal ruled that an arbitration clause in a residential lease was unenforceable under Cal. Civ. Code § 1953(a)(4) and that the Federal Arbitration Act did not apply. Read more

In a lawsuit contesting the foreclosure of a borrower’s home, the California Court of Appeal held that defendants were entitled to their reasonable attorney’s fees and costs in successfully defending against the borrower’s tort claims pursuant to Civil Code § 1717. Yoon v. Cam IX Tr., 60 Cal.App.5th 388 (2021 Read more

In Carrozza v. CVS Pharmacy, Inc., 992 F.3d 44 (1st Cir. 2021), the First Circuit held that under Massachusetts law, a pharmacist correctly filling a prescription could not be held liable for damages suffered by the patient under a claim for breach of implied warranty under the Uniform Commercial Code Read more

In Guo v. Moorpark Recovery Serv., LLC, 60 Cal. App. 5th 745, 749-50 (2021), the California Court of Appeal, First Appellate District held that a judgment identifying a prevailing party and stating they were “entitled” to recover their costs of suit and attorney fees was sufficient to justify an award of post-judgment fees and costs under section 685.040 of California's Enforcement of Judgment Law (Cal. Code Civ. Proc. §§ 680.010-724.260), even where the judgment did not provide a specific amount for fees and costs. Read more

Finding that prior authority to the contrary had been overruled by subsequent United States Supreme Court and state court decisions, a California Court of Appeal recently held that California’s Rosenthal Act (similar to but broader than the federal Fair Debt Collection Practices Act (FDCPA)) can apply to a nonjudicial foreclosure. Read more

States and individuals lacked standing to challenge Affordable Care Act’s individual mandate in an effort to strike down the Act. Read more

In In re Cuker Interactive, LLC, No. BR 18-7363-LA11, 2020 WL 7086066 (Bankr. S.D. Cal. Dec. 3, 2020), Judge Louise Adler of the Bankruptcy Court for the Southern District of California, addressing an issue where the courts nationwide are split, held that unsecured creditors of a solvent debtor in Chapter 11 are only entitled to postpetition interest at the federal judgment rate, rather than at the potentially higher contract rate or state judgment rate. Read more

On June 21, 2021, a three-judge panel of the Ninth Circuit Court of Appeal, in Creighton Meland v. Shirley N. Weber, Secretary of State of California (No. 20-15762), reversed the district court’s dismissal for lack of standing of a lawsuit brought by a shareholder challenging the constitutionality of California’s gender quota law found in Section 301.3 of the California Corporations Code. Read more