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Calif. App. Court Enforces Co-Tenancy Provision; Holds Liquidated Damages Limitations Do Not Apply Without a Contractual Breach
The U.S. Court of Appeals for the Ninth Circuit recently held that the federal removal statute authorizes only a “defendant or the defendants” to remove an action to federal court. The Ninth Circuit reversed a District Court’s order denying a borrower’s motion to remand, after an unnamed Trustee removed the action to federal court on behalf of a defendant Trust. In so ruling, the Ninth Circuit held that because an unnamed party removed the case, the District Court should have remanded it instead of retaining jurisdiction.
The California Court of Appeal, Fourth District, recently held that an elder, who is both beneficiary and personal representative of a probate estate, has standing to bring a claim of financial elder abuse in her individual capacity based on allegations that her son...
The California Supreme Court recently held that Section 637.2 of the California Invasion of Privacy Act, Pen. Code, § 630, et seq. (“CIPA”) prohibits parties as well as nonparties from intentionally recording a communication transmitted between a cellular or cordless...
The California Court of Appeal, First District, recently affirmed a trial court’s denial of a request for attorneys’ fees, after a consumer prevailed under the Consumers Legal Remedies Act against an assignee of his consumer credit contract. The Court of Appeal...
The California Court of Appeal, Second District, recently reversed a trial court’s confirmation of an arbitration award against a nonsignatory to an arbitration agreement where the arbitrator found the nonsignatory was the alter ego of a signatory. The Court of Appeal...
The California Court of Appeal, First District, recently affirmed a trial court’s order granting summary judgment against a debt collector for violating the FDCPA and the RFDPCA. In so ruling, the Court of Appeal applied a credit card agreement’s Delaware...
The California Court of Appeal, Fourth District, recently affirmed a trial court’s judgment against a class action plaintiff who alleged that a lender violated Penal Code § 632.7 of the California Invasion of Privacy Act, by recording him without prior notice. The...
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