News

Case Summaries

Bankruptcy Law

[12/04] In Re Irving Tanning Company
Affirming bankruptcy court and district court rulings that a transaction involving the debt-financed purchase of a family owned leather manufacturer was not a fraudulent conveyance and did not amount to a violation of the fiduciary duties of the company's directors because the factual determinations were not clearly erroneous and supported the court's conclusions.

[11/21] In Re Charlene M. Milby
Affirming the judgment of the Bankruptcy Appellate Panel reversing the bankruptcy court's dismissal of a bankruptcy estate's claims seeking avoidance of fraudulent transfers as time-barred and affirming the bankruptcy court's dismissal of other claims based on transfers not made by the debtor.

[11/16] In Re: Laura M. Sheedy
Affirming the bankruptcy court's refusal to approve a motion for an extension of time to file a notice of appeal that occurred because the appellant's attorney was preoccupied with her second job as a church music director because this did not constitute excusable neglect and the court did not abuse its discretion in reaching this determination.

[11/16] In Re: Laura M. Sheedy
Affirming the bankruptcy court's refusal to approve a motion for an extension of time to file a notice of appeal that occurred because the appellant's attorney was preoccupied with her second job as a church music director because this did not constitute excusable neglect and the court did not abuse its discretion in reaching this determination.

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Commercial Law

[12/08] US v. Scott
Affirming the conviction of a man for wire fraud, bank fraud, and money laundering in association with a Boston area mortgage fraud scheme because his unconditional guilty plea barred him from subsequently raising independent claims relating to the deprivation of constitutional rights and prevented him from complaining about the alleged use of information obtained during plea negotiation proffers where the plea was not involuntary.

[12/06] Expressions Hair Design v. Schneiderman
Certifying the following question for the New York Court of Appeals a question of state law; 'Does a merchant comply with New York General Business Law so long as a merchant posts the total dollars-and-cents price charged to credit card users' in the case of businesses that wanted to include a surcharge for credit card transactions but were unsure of how to do so legally, given the law, because the answer would impact the court's First Amendment analysis of proposed billing methods.

[12/04] Marathon Petroleum Corporation v. Secretary of Finance for the State of Delaware
Reversing the district court's conclusion that private parties cannot invoke federal common law to challenge a state's authority to escheat property, but holding that the case was not ripe for judgment and vacating the prior order of dismissal for its reentry as a dismissal without prejudice to permit the claim's pursuit at a later time, if appropriate.

[11/29] QDOS, Inc. v. Signature Financial, LLC.
Affirming the trial court's grant of summary judgment against a merchant in a case involving the sale of a high end sports car because the court determined that the receipt of payment in the form of checks from a third party made out to the merchant does not trigger common law duties not to ignore 'red flags' or 'suspicious' circumstances indicating fraud against a third party because payment by a check not in the customer's own name, by itself, is not a red flag.

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Family Law

[12/08] In Re Marriage of Fred and Moira Kamgar
Affirming the court's award of $1.9 million to a spouse whose husband risked $8 million more on options trading than the $2.5 million in community property they agreed to invest because this risky investment was a breach of his fiduciary duties.

[12/04] In Re The Marriage of Cynthia Vargas and Christopher Ross
Vacating and remanding a court order granting the father primary physical custody of minor children in the case of two active US Air Force service members where the mother sought to transfer custody back to her following her return from assignment in Korea because the court applied the wrong legal test for determining which parent should have legal custody.

[12/01] Priscila N. v. Leonardo G.
Reversing a trial court order in the case of a woman and her now ex-husband who was the subject of a domestic violence restraining order issued by the juvenile court, which the family court felt it lacked the authority to renew, because the family court has jurisdiction to renew such orders.

[11/30] In Re The Marriage of Stacy Dalgleish and Piero Selvaggio
Reversing the trial court's order as to the date when interest in an equalization payment began to accrue because the court had originally required interest from the date of the ruling rather than the date the payment was due.

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Injury & Tort Law

[12/01] Bartholomew v. Youtube, LLC.
Affirming the trial court's dismissal for failure to state a claim in the case of a musician whose video was taken down from YouTube, which posted a statement that the video had violated their terms of service, because using violence and profanity as examples of things that could result in the removal of a video did not amount to libel.

[11/29] Adelson v. Harris
Affirming the district court's dismissal of a case and award of attorney's fees and costs in the case of a man suing the National Jewish Democratic Counsel for defamation arising from the organization's communication to presidential candidate Mitt Romney that the plaintiff's financial contributions were tainted because the plaintiff failed to allege knowledge of falsity in their statements.

[11/29] Santos v. Los Angeles Unified School District
Reversing the trial court's grant of summary judgment after a Los Angeles School Police Department (LASPD) vehicle driven by an LASPD officer struck another vehicle a lawsuit was filed against the LASPD, but the vehicle turned out to be insured by the Los Angeles Unified School District (LAUSD), later added to the complaint, because there was a factual dispute regarding whether the misrepresentation of the LASPD officer resulted in equitable estoppel.

[11/29] Olson v. Manhattan Beach Unified School District
Affirming the trial court's dismissal of a second amended complaint in a lawsuit alleging defamation and deceit related to parents' complaints about a baseball team coach because the grievance, filed pursuant to a collective bargaining agreement, failed to satisfy the claim filing requirements of the Government Claims Act.

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Landlord Tenant

[11/29] Sayta v. Chu
Vacating a trial court order seeking liquidated damages and the enforcement of a settlement agreement entered into by parties to a prior case involving efforts to terminate the plaintiff's tenancy because the parties had failed to request, at the termination of the initial case, that the trial court retain jurisdiction to enforce the settlement and did not seek to set aside the dismissals, so the court lacked jurisdiction to rule on the motion to enforce.

[10/18] Hayes v. Harvey
In a landlord tenant action, concerning the enhanced voucher provision of the United States Housing Act of 1937, the district court's grant of defendant landlord's motion for summary judgment is affirmed where 42 U.S.C. section 1437f(t) does not obligate property owners to renew enhanced-voucher tenancies after the initial lease term.

[10/05] Fernandes v. Singh
In a wrongful eviction action brought against a vexatious litigant, the trial court's judgment for plaintiff and award of compensatory and punitive damages is affirmed against numerous claims of error brought by defendants concerning service of process, the validity of the punitive damages awards, and the attorney fee award.

[07/13] Pinnacle Restaurant at Big Sky v. CH SP Acquisitions
Affirming the district court's judgment affirming the bankruptcy court's decision that a bankruptcy trustee's sale of a debtor's property was free and clear of unexpired leases.

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Workers' Comp

[10/24] Gholipour v. The Superior Court of San Diego County
Denying the petition for writ of mandate challenging an order by the trial court relating to the amount of petitioner's restitution because although the case was transferred to the superior court of another county while her appeal from a workers' compensation fraud conviction was pending, the trial court retained jurisdiction over restitution.

[10/13] American Cargo Express, Inc. v. Superior Court
In a workers' compensation action, arising after the California Self-Insurers' Security Fund (SISF) assumed the workers' compensation obligations of Mainstay Business Solutions and sued it and its clients to recover costs and liabilities, the trial court's grant of SISF's motion on the pleadings is affirmed where Labor Code section 3744, subdivision (c) authorizes SISF to bring such an action in superior court.

[10/06] Ford v. Workers' Compensation Appeals Board
In a workers' compensation action, the petition for review of an award of benefits is denied where the worker suffered a compensable injury entitling him to benefits, independent of his committing three criminal workers' fraud offenses.

[09/15] Ly v. County of Fresno
In a labor & employment action, brought by three Laotian correctional officers alleging racial discrimination in employment actions and retaliation after complaining about them, the trial court's grant of summary judgment to defendant county is affirmed where the denial of plaintiffs' separate workers' compensation claims bar their claims in this action on res judicata grounds.

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