Case Updates

Summary judgment entered by a state court on fraudulent transfer claims, which a district court was required to treat as its own following removal to the bankruptcy court and withdrawal of the reference, was not appropriate based on disputed material facts and evidentiary objections that were sustained without providing a basis. Read more

Medical staff credentialing recommendations cannot support a physician’s action against a hospital, a separate legal entity. Read more

A default judgment in a case involving an accounting cause of action must comply with CCP section 580(a), which precludes relief in excess of the amount specifically demanded in the operative complaint. Read more

Taxing agency did not violate the discharge by trying to collect a restitution debt but did violate the discharge by trying to collect a penalty debt. However, the court further held that no liability arises from the violation because the creditor had an objectively reasonable basis for believing its actions were lawful. Read more

Court rejected defendant's affirmative defenses in fraudulent conveyance suit brought by Chapter 7 trustee of Ponzi scheme debtors, finding that defendant, as a successful businessman, was at least on inquiry notice to conduct a diligent inquiry that would have disclosed the scheme. Read more

Common law claims involving wire transfers, including claims for negligence, conversion, and money had and received, are displaced by duties, allocation of risk, and remedies available under UCC Article 4A. Read more

Contreras v. Super. Ct. (CA2/5 B307025 3/1/21) PAGA/Arbitration Read more

California Litigation Privilege Does Not Protect Against a Fraudulent Conveyance Claim Arising Out of a Sham Dissolution Proceeding and Stipulated Judgment. Read more

State Claims for Damages Based Upon Documents Filed and Prosecuted in a Bankruptcy Case Are Preempted by the Bankruptcy Code and Rules. Read more

Lender’s Lien Is Subordinated to Receivership Certificate and Receiver’s Sale of the Property Is Confirmed Free and Clear of Lender’s Lien. Read more