California Liens Law
United States of America v. Robert Jordan
Sacramento, California, criminal defense lawyer represented the Defendant charged with being a felon in possession of a firearm. On Oct. 1, 2024, law enforcement officers conducted a traffic stop on a silver Infiniti SUV with no license plates that Robert Jordan, 52, of Stockton, was driving. In the location where the license plates should have been, the SUV instead had a laminated piece of pap... More...
$ (02-09-2026 - CA)Janalyn Conley v. SnapPays Mobile, Inc., d/b/a Papaya Payments
<h2><br> Los Angeles, California Fair Debt Collect Practice Act violation lawyer represented the Plaintiff.<br> </h2><br> The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits debt collectors from using unfair, deceptive, or abusive practices to collect consumer debts. The FDCPA went into effect in March 1978. <br> Here are some of the things the FDCPA prohibits:<br> <br> ... More...
$0 (10-18-2024 - CA)LEONARD E. HUTCHINSON; SONYA C. HUTCHINSON v. UNITED STATES OF AMERICA, DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE; JAMES SALVEN, Chapter 7 Trustee
<center><h2><font color="red"><center> San Francisco, CA - Bankruptcy lawyer represented Plaintiffs-Appellants, with appealing the Bankruptcy Appellate Panel's decision affirming the bankruptcy court's dismissal of Chapter 7 debtors' adversary complaint concerning tax liens asserted by the Internal Revenue Service. </h2></font></b></i></center><br> <br> In 2011, the IRS recorded liens for unpaid t... More...
$0 (12-17-2021 - CA)LEONARD E. HUTCHINSON; SONYA C. HUTCHINSON v. UNITED STATES OF AMERICA, DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE; JAMES SALVEN, Chapter 7 Trustee
<center><h2><font color="red"><center> San Francisco, CA - Criminal defense lawyer represented Plaintiffs-Appellants with affirming the Bankruptcy Appellate Panel's decision affirming the bankruptcy court's dismissal of Chapter 7 debtors' adversary complaint concerning tax liens charge. </h2></font></b></i></center><br> <br> In 2011, the IRS recorded liens for unpaid taxes, interest, <br> and pe... More...
$0 (11-01-2021 - CA)Leslie T. Wilde v. City of Dunsmuir
Opinion of the Court by Kruger, J.<br> The California Constitution grants voters the power of<br> referendum, which allows them to approve or reject laws<br> enacted by their elected representatives before the laws take<br> effect. But to prevent the referendum process from disrupting<br> essential governmental operations, the Constitution exempts<br> certain categories of legislation, including �... More...
$0 (08-04-2020 - CA)Nicole G. v. Warren Braithwaite
Warren Braithwaite and his long-term girlfriend Nicole G.<br> resided at a property they co-owned. After contentious<br> arguments and stalking incidents, Nicole retained counsel to file<br> a request for a domestic violence restraining order (DVRO) and<br> moved out of their shared property amidst their break-up.<br> Warren and Nicole each requested DVROs against the other in<br> connection with ... More...
$0 (06-05-2020 - CA)Zieve Brodnax & Steele, LLP v. Ashraj Singh Dhindsa, Wells Fargo Bank, N.A.
After a nonjudicial foreclosure sale has been completed, the gross sale proceeds<br> must be distributed in the order of priority specified by statute. (Civ. Code, § 2924k,<br> subd. (a)(1)–(4).)1<br> First, the costs of foreclosure are paid. Second, the foreclosing<br> 1 All undesignated statutory references are to the Civil Code. <br> 2.<br> creditor’s secured obligations are paid. Third, ... More...
$0 (05-17-2020 - CA)Crosno Construction, Inc. v. Travelers Casualty and Surety Company of America
North Edwards Water District (the District) selected Clark Bros., Inc. (Clark) as its<br> general or direct contractor on a public works project to build an arsenic removal water<br> treatment plant. Clark hired subcontractor Crosno Construction (Crosno) to build and<br> coat two steel reservoir tanks. The subcontract contained a "pay-when-paid" provision<br> that stated Clark would pay Crosno wit... More...
$0 (04-18-2020 - CA)Matthew Matson v. S.B.S. Trust Deed Network
Plaintiffs Matthew Matson and Matson SDRE Group, LLC (collectively plaintiffs)<br> purchased a deed of trust at a nonjudicial foreclosure sale. S.B.S. Trust Deed Network<br> (SBS) was the trustee and Bank of Southern California, N.A. (BSC) (referred to<br> collectively as defendants) was the beneficiary of the deed of trust. Matson, relying on a <br> 2<br> software application called PropertyRadar... More...
$0 (03-07-2020 - CA)Kamyar R. Shayan v. Spine Care and Orthopedic Physicians
Plaintiff and Respondent Kamyar Shayan filed an<br> interpleader action to resolve claims about a disputed $19,365<br> sum. Two claimants and defendants had notice of the trial date<br> but failed to appear. The court conducted the trial, adjudicated<br> the case on the merits, and entered judgment. Later these<br> claimants filed a motion for relief under the mandatory provision<br> of subdivisio... More...
$0 (01-18-2020 - CA)Gregory S. Hood v. John David Gonzales
Defendant and appellant John-David Gonzales (Gonzales) appeals the orders of<br> the trial court that led to the disbursement of settlement funds to respondents Michael<br> Silvers, a law corporation (Silvers), Panish, Shea & Boyle (PSB), Michael W. Jacobs<br> (Jacobs), Case Advance (CA),1 Nexus Physical Therapy (Nexus), and Everence<br> Association, Inc. (Everence) (Silvers, PSB, Jacobs, CA, Nexu... More...
$0 (12-10-2019 - CA)Meadowbrook Insurance Company v. Worker's Compensation Appeals Board and DFS Interpreting
Petitioner Meadowbrook Insurance Company (Meadowbrook), administrator for<br> Star Insurance Company, petitioned for writ of review of the Workers’ Compensation<br> Appeal Board’s (WCAB) decision on reconsideration that liens held by DFS Interpreting<br> (DFS) against Meadowbrook regarding unpaid invoices for interpreter services DFS<br> provided to Meadowbrook’s insureds were not foreclosed... More...
$0 (11-22-2019 - CA)Regency Midland Construction, Inc. v. Legendary Structures, Inc.
A general contractor named Regency Midland<br> Construction, Inc. hired subcontractor Legendary Structures, Inc.<br> to do the concrete work for a new apartment building. Legendary<br> quit halfway through. Regency and Legendary sued each other.<br> Their dispute turns on the “retention” clause in the contract. The<br> trial court properly granted summary judgment for Regency and<br> dismissed... More...
$0 (11-09-2019 - CA)Magic Carpet Ride, LLC v. Rugger Investment Group, LLC
Defendant and Appellant Rugger Investment Group LLC (Rugger) entered<br> into a contract to sell an airplane to Plaintiffs and Respondents Magic Carpet Ride, LLC<br> (MCR) and Kevin T. Jennings. Rugger deposited a lien release into escrow eight days<br> after the expiration of a 90-day period in which it was required to do so. The trial court<br> found Rugger could not claim substantial performanc... More...
$0 (10-28-2019 - CA)In re the Marriage of Mark and Terri Bittenson, Mark Bittenson v. Terri Bittenson
Family law practitioners should read this opinion with the<br> following in mind: “[F]amily law court is a court of equity . . . .”<br> (E.g., In re Marriage of Boswell (2014) 225 Cal.App.4th 1172,<br> 1174.) Appellate attack upon a discretionary trial court ruling is<br> an “uphill battle.” (Estate of Gilkison (1998) 65 Cal.App.4th<br> 1443, 1448.)<br> Mark Bittenson (husband) appeals a p... More...
$0 (10-22-2019 - CA)Angele Lasalle v. Joanna T. Vogel
Here is what Code of Civil Procedure1 section 583.130 says: “It is the<br> policy of the state that a plaintiff shall proceed with reasonable diligence in the<br> prosecution of an action but that all parties shall cooperate in bringing the action to trial<br> or other disposition.” That is not complicated language. No jury instruction defining any<br> of its terms would be necessary if we wer... More...
$0 (06-14-2019 - CA)Wertheim, LLC v. Currency Corporation
We recount some of the facts from an opinion authored by<br> Division Five of this District in the second of two related appeals,<br> which we will call Wertheim III. (Wertheim, LLC v. Currency<br> Corp. (Aug. 25, 2017, B270926) [nonpub. opn.].)<br> In 2009, a jury in Department 44 of the superior court<br> found Currency liable to Wertheim for breach of contract, and<br> awarded it $38,554.48. Th... More...
$0 (06-07-2019 - CA)Arkady Berger v. Gary Varum
Plaintiff Arkady Berger sought to collect an underlying judgment against<br> defendant Gary Varum and his company, defendant Telesis Engineers, Inc. (jointly the<br> Varum defendants). Berger alleged the Varum defendants fraudulently transferred assets<br> to other defendants in an effort to avoid paying the judgment. While Berger’s<br> enforcement action against the Varum defendants and defenda... More...
$0 (06-04-2019 - CA)Tobias Kahan v. City of Richmond
Tobias Kahan purchased property in Richmond, California at a foreclosure sale.<br> Shortly before the sale, the City of Richmond (City) had recorded a “special assessment”<br> lien against the property for unpaid garbage collection fees, pursuant to a municipal<br> ordinance. When Kahan later sold the property, he had to pay the delinquent garbage<br> fees as well as administrative charges and... More...
$0 (05-26-2019 - CA)United States of America v. Kenneth Paul Ferreyro
<center><br> <img width="300" src="https://www.justice.gov/sites/default/files/styles/slideshow/public/slideshows/slides/los_angeles_1.png?itok=x5aGZLu6"><br> </center><br> Los Angeles, CA - Unlicensed Lawyer Found Guilty of Federal Fraud and Tax Offenses for Bilking ‘Clients’ and Claiming Illegal Tax Refunds<br> <br> A Pasadena man who falsely claimed to be a licensed attorney was remanded in... More...
$0 (04-08-2019 - CA)Shrewsbury Management, Inc. v. The Superior Court of Santa Clara County, Mark Boucher, Real Party in Interest
Petitioner Shrewsbury Management, Inc. (Shrewsbury), is the judgment creditor of<br> a $1,385,601.27 judgment entered against real party in interest Mark Boucher. In<br> connection with a judgment debtor examination of Boucher under Code of Civil<br> Procedure section 708.110,<br> 1 and seeking information about his finances, Shrewsbury<br> moved for an order directing Wells Fargo Bank (Wells Farg... More...
$0 (03-12-2019 - CA)Robert Sturm v. Todd Andrew Moyer
The question presented in this case is one of first impression:<br> Assuming fraudulent intent, can the Uniform Voidable Transactions<br> 2<br> Act (Civ. Code, § 3439 et seq., formerly known as the Uniform<br> Fraudulent Transfer Act, or UFTA)1 apply to a premarital agreement in<br> which the prospective spouses agree that upon marriage each spouse’s<br> earnings, income, and other property acq... More...
$0 (02-17-2019 - CA)Harmoni International Spice, Inc. v. Robert T. Hume
<center><br> <img width="300" src="http://cdn.ca9.uscourts.gov/datastore/uploads/court.jpg"><br> </center><br> <br> The main issue in this appeal is whether the plaintiffs adequately alleged proximate cause under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961–68. We conclude that the plaintiffs have adequately alleged proximate cause with respect to one catego... More...
$0 (01-23-2019 - CA)In re Volkswagen "Clean Diesel" Marketing, Sales Practices, and Product Liability Litigation
<center><br> <img width="300" src="http://cdn.ca9.uscourts.gov/datastore/uploads/court.jpg"><br> </center><br> <br> Appellants are lawyers and law firms that represented class members in an underlying class action that secured a settlement of more than $10 billion and an additional award of $175 million in fees for class counsel. Non-class counsel filed 244 motions for attorneys’ fees. In a sing... More...
$0 (01-22-2019 - CA)Joanna Modacure v. B&B Vehicle Processing, Inc.
Plaintiff and appellant Joanna Modacure (plaintiff) appeals from the trial court’s<br> dismissal of her Second Amended Complaint (SAC) after the court sustained the<br> defendants’ demurrer without leave to amend. We reverse as to one of the two causes of<br> action in the SAC.<br> On review of a demurrer sustained without leave to amend, we accept the factual<br> allegations of the complaint ... More...
$0 (12-22-2018 - CA)Melissa case v. State Farm Mutual Automobile Insurance Co., Inc.
The following facts are not in dispute: In March 2013, Case<br> was employed by Lawry’s Restaurant, and insured under a<br> personal automobile policy issued by State Farm. The policy’s<br> uninsured-underinsured motorist (UM) coverage for bodily injury<br> was $100,000 per person and $300,000 per accident. On March<br> 29, 2013, while returning to Lawry’s Restaurant from an off-site<br> cat... More...
$0 (12-19-2018 - CA)Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc.
This is an appeal from the sustaining of a demurrer<br> without leave to amend. Plaintiff and appellant Professional Tax<br> Appeal entered a contract with the owner of vacant land by which<br> plaintiff agreed on a contingent fee basis to seek 2009 and 2010<br> property tax reductions. The property tax appeals succeeded in<br> reducing the assessed value of the vacant land by millions of<br> doll... More...
$0 (11-24-2018 - CA)Bear Creek Master Association v. Southern California Investors, Inc.
In this case, the parties dispute which of their recorded liens against a golf course<br> property has priority. In 2013, defendant, cross-complainant, and respondent, Southern<br> California Investors, Inc. (SCI), recorded a third deed of trust against the golf course<br> property. In 2014, plaintiff, cross-defendant, and appellant, Bear Creek Master<br> Association (BCMA), a homeowners associati... More...
$0 (11-12-2018 - CA)Michael E. Barri v. The Workers' Compensation Appeals Board
Michael E. Barri (Barri), Tristar Medical Group (Tristar), and Coalition for<br> Sensible Workers’ Compensation Reform (CSWCR) petitioned this court pursuant to<br> Labor Code section 5955 (all further statutory references are to the Labor Code, unless<br> otherwise indicated). They seek a peremptory or alternative writ of mandate, prohibition,<br> or other appropriate relief directing the Worke... More...
$0 (10-21-2018 - CA)Orange Catholic Foundation v. Rose Marie Arvizu
Probate Code section 16440, subdivision (b) (16440(b)) provides that if a<br> “trustee has acted reasonably and in good faith under the circumstances as known to the<br> trustee,” a court has discretion to excuse him or her from liability for a breach of trust if it<br> would be equitable to do so.<br> 1<br> (Italics added.) Acting under this express authority, the<br> trial court denied a pe... More...
$0 (10-19-2018 - CA)Von Becelaere Ventures, LLC v. James Zenovic
James Zenovic doing business as James Zenovic Construction (Zenovic) appeals<br> an order denying his petition to compel arbitration in an action filed by Von Becelaere<br> Ventures, LLC (VBV) in San Diego County. The trial court determined Zenovic waived<br> his right to compel arbitration by filing a separate complaint in Orange County to <br> 2<br> foreclose on a mechanics lien without complyin... More...
$0 (06-07-2018 - CA)John Nist v. Steven Hall <P> <font color="red"><a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28536&z=74103&s=OK" target="_new">Morelaw Internet Marketing for Legal Professionals</a> <br> Helping People Find You On The Internet <br> 888-354-4529 </font>
A good faith purchaser is “[a] purchaser who buys<br> without notice of circumstance which would put a person of<br> ordinary prudence on inquiry as to the title, or as to an<br> impediment on the title, of a seller.” (Black’s Law Dict. (6th ed.<br> 1992) p. 693, col. 2.) The trial court found that respondent,<br> Steven Hall, was a good faith purchaser at a lien sale and<br> acquired the co... More...
$0 (06-03-2018 - CA)Placer Foreclosure, Inc. v. Solomon Aflalo
Placer Foreclosure, Inc., acting as trustee, conducted<br> a foreclosure sale of property owned by Solomon Aflalo. The<br> foreclosure sale resulted in surplus proceeds. When Aflalo filed a<br> wrongful foreclosure action against Placer and the third-party<br> buyer, Pro Value Properties, Inc., Placer filed a complaint in<br> interpleader and deposited the surplus proceeds with the court.<br> Plac... More...
$0 (05-31-2018 - CA)County Line Holdings, LLC v. Janice M. McClanahan
A cause of action survives one year after the death of a<br> debtor. But not a judgment lien. Judgment liens have longevity.<br> A judgment debtor dies. A contest over the priority of two<br> judgment liens ensues. Both liens were established prior to the<br> judgment debtor’s death. After the judgment debtor died,<br> plaintiff purchased one judgment lien at the execution sale of the<br> junior... More...
$0 (05-03-2018 - CA)United States of America v. Jamie Matsuba and Thomas Matsuba
Los Angeles, CA - TWO LOS ANGELES-AREA MANAGERS OF FORECLOSURE RESCUE COMPANIES CONVICTED FOR ROLES IN MORTGAGE FRAUD SCHEME<br> <br> A federal jury found two Los Angeles-area managers of foreclosure rescue companies guilty on December 14, 2017 for their roles in a foreclosure rescue scheme.<br> <br> Jamie Matsuba, 33, and her father, Thomas Matsuba, 67, both of Chatsworth, were convicted after a ... More...
$0 (12-16-2017 - CA)David Hovannisian v. First American Title Insurance Company
David and Linda Hovannisian purchased property from Wells Fargo Bank (Wells<br> Fargo) at a foreclosure sale. Several months later they discovered there was a first<br> priority deed of trust on the property that had not been extinguished by the foreclosure.<br> The Hovannisians sued Wells Fargo for intentional and negligent misrepresentation based <br> 2.<br> on a statement in Wells Fargo‟s... More...
$0 (09-17-2017 - CA)PGA West Residential Association, Inc. v. Hulven International, Inc.
In its lawsuit against Hulven International, Inc. (Hulven) and various other<br> defendants, PGA West Residential Association, Inc. (PGA West) alleged defendant<br> Dempsey Mork1 tried to fraudulently insulate the equity in his condominium from<br> creditors by naming Hulven, a sham corporation entirely owned and controlled by Mork,<br> as the beneficiary of a deed of trust and note, and by later ... More...
$0 (08-10-2017 - CA)Russell City Energy Company, LLC v. City of Hayward
The “Payments Clause” of an agreement between Russell City Energy Company,<br> LLC (Russell) and the City of Hayward (City) prohibited the City from imposing any<br> taxes on the “development, construction, ownership and operation” of Russell‟s power<br> plant except taxes tethered to ownership of real property. The question in this case is<br> whether Russell‟s interpretation ... More...
$0 (08-08-2017 - CA)Casiopea Bovet, LLC. v. John Chaing, as State Contoller, etc.
Casiopea Bovet, LLC (Casiopea) appeals a judgment on the pleadings granted in<br> favor of the California State Controller (Controller) on the basis Casiopea could not claim<br> escheated property under the Unclaimed Property Law (Code of Civ. Proc., § 1500 et<br> seq.)1 as an assignee of Financial Title Company (Financial Title) because Financial Title<br> was a suspended corporation (Rev. & Tax... More...
$0 (06-12-2017 - CA)Williams and Fickett v. County of Fresno
As a general rule, a party must exhaust available administrative remedies as<br> a prerequisite to seeking relief in the courts. “In the property tax context,<br> application of the exhaustion principle means that a taxpayer ordinarily may not<br> file or pursue a court action for a tax refund without first applying to the local<br> board of equalization for assessment reduction under [Revenue a... More...
$0 (06-07-2017 - CA)