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Wertheim, LLC v. Currency Corporation

We recount some of the facts from an opinion authored by
Division Five of this District in the second of two related appeals,
which we will call Wertheim III. (Wertheim, LLC v. Currency
Corp. (Aug. 25, 2017, B270926) [nonpub. opn.].)
In 2009, a jury in Department 44 of the superior court
found Currency liable to Wertheim for breach of contract, and
awarded it $38,554.48. Th... More...
   $0 (06-07-2019 - CA)

Paula Casillas v. Madison Avenue Associates, Inc.




The bottom line of our opinion can
be succinctly stated: no harm, no foul. Madison Avenue Associates,
Inc. made a mistake. The Fair Debt Collection Practices
Act requires debt collectors to notify consumers about the
* Of the Northern District of Illinois, sitting b... More...
   $0 (06-04-2019 - IN)

Arkady Berger v. Gary Varum

Plaintiff Arkady Berger sought to collect an underlying judgment against
defendant Gary Varum and his company, defendant Telesis Engineers, Inc. (jointly the
Varum defendants). Berger alleged the Varum defendants fraudulently transferred assets
to other defendants in an effort to avoid paying the judgment. While Berger’s
enforcement action against the Varum defendants and defendant... More...
   $0 (06-04-2019 - CA)

Longview International, Inc. v. Kyle Stirling, Anne Catambay, Intervener and Appellant

Anne Catambay appeals the denial of her motion to expunge a judgment lien on
real property. She contends that because the judgment creditor is a corporation that was
suspended at the time the lien was created, the lien is void. We conclude that recording
an abstract of judgment is a procedural act that is retroactively validated once a
suspended corporation’s powers are reinstated.... More...
   $0 (06-03-2019 - CA)

STATE OF OHIO vs. LASHAWN PETTUS

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... More...   $0 (05-27-2019 - OH)

Lisa Arlene Timlick v. National Enterprise Systems, Inc.


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In this appeal from the dismissal of a putative consumer class action, we are
presented with two main questions. Fir... More...
   $0 (05-27-2019 - CA)

Dane-Elec Corporation, USA v. Nessim Bodokh

Labor Code section 218.5, an attorney fee-shifting statute in actions for
nonpayment of wages, prohibits a prevailing party employer from recovering attorney
fees unless the trial court finds the employee brought the wage claim in bad faith. This
appeal presents an issue regarding the effect of Labor Code section 218.5 on a prevailing
party employer’s right to recover contract-base... More...
   $0 (05-25-2019 - CA)

United States of America v. Askins & Miller Orthopedics, P.A., Roland V. Askins, III and Philip H. Askins




The IRS says it needs a preliminary injunction against Askins & Miller Orthopaedics—a serial employment-tax delinquent—to ensure that it gets its due as taxes continue to pile up. It could just wait for nonpayment and later seek a Case... More...
   $0 (05-23-2019 - FL)

Michael B. Burch v. Certainteed Corporation


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Plaintiffs Michael and Cindy Burch sued defendant CertainTeed Corporation, an
asbestos-cement (A/C) pipe manuf... More...
   $0 (05-13-2019 - CA)

Mehdi Abdollahzadeh v. Mandarich Law Group, L.L.P.





Mehdi Abdollahzadeh opened a credit-card account with MBNA America Bank in 1998 and used it to make various personal, family, and household purchases. Twelve years later he defaulted on his debt, making his last paymen... More...
   $0 (04-29-2019 - IL)

David Schwartz, d/b/a Rent A Wreck; Rent Wreck, Inc. d/b/a Bundy Auto Sales v. J.J.F. Management Servcices, Inc. and Rent A Wreck of America, Inc,; Bundy American, LLC





This appeal represents the latest salvo in the scorched-earth assault by Appellant
J.J.F. Management Services, Inc. (“J.J.F.”) and its subsidiary Rent-a-Wreck of America,
Inc. (“RAWA”) on Appellee David Schwartz, owner of a RAWA franchise territory
previously awa... More...
   $0 (04-29-2019 - MD)

In RE: Daniel Clark, IV




Alisha Pate and Yvonne Clark-Thigpen assert claims for child support arrearages against Daniel Clark. Although Clark filed for bankruptcy, Pate and Clark-Thigpen claim that they never received notice of his bankruptcy case. As a result, they ar... More...
   $0 (04-23-2019 - TX)

In re: Earl Benard Blasingame





Church Joint Venture (“CJV”) appeals the bankruptcy court’s decision determining that a lawsuit had inconsequential value to the bankruptcy estate and allowing the Trustee, Edward Montedonico, (“the Trustee”) to abandon the lawsuit. The Blasingames1 filed a cross appeal of a p... More...
   $0 (04-15-2019 - TN)

David Dudek, as Trustee, etc. v. Anne Kebisek Dudek, Individually and as Trustee, etc.




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Petitioner David Dudek (David)1 appeals from a judgment entered after the trial
court sustained t... More...
   $0 (04-15-2019 - CA)

David Dudek v. Anne Kebisek Dudek

Petitioner David Dudek (David)1 appeals from a judgment entered after the trial
court sustained the demurrer of respondents Anne Kebisek Dudek,2 Tiffany Guzman,
Jeanette M. Kebisek, Mary J. Kebisek, Guillermo Andrade, Maria Sanchez, Ora H. Day,
Tonya Courtney, and Michael Quinn (the respondents) to David's petition (the Petition),
filed pursuant to the Probate Code, to recover mone... More...
   $0 (04-12-2019 - CA)

National Asian American Coalition v. Gavin Newsom, as Governor




This appeal arises out of the subprime mortgage crisis, a nationwide banking
emergency that began in 2007 with the collapse of a housing financing bubble created in
large part by an increase in housing speculation and subprime lending practices. This
crisis led to a deep recession in the Unite... More...
   $0 (04-03-2019 - CA)

Pang Yen Chen v. Sharmad Berenjian

After obtaining money judgments against Shazad Berenjian, Pang Yen
Chen sued him and his brother Sharmad Berenjian1
for fraudulent transfer under the
Uniform Voidable Transactions Act (UVTA), Civil Code section 3439 et seq., formerly
known as the Uniform Fraudulent Transfer Act (see Stats. 2015, ch. 44, § 3). Chen
alleged Shazad and Sharmad had attempted to thwart Chen’s attemp... More...
   $0 (03-29-2019 - CA)

Barbara Fawcett v. Citizens Bank, N.A.





This putative class action
alleges that Citizens Bank's "Sustained Overdraft Fees" for
overdrawn checking accounts are usurious interest charges in
violation of Section 85 of the National Bank Act, 12 U.S.C. § 1 et
seq. The district court concluded that Citizens B... More...
   $0 (03-26-2019 - MA)

Shyriaa Henderson v. United Student Aid Funds, Inc. d/b/a USA Funds





Shyriaa Henderson appeals the district’s order granting summary judgment in favor of Defendant-Appellee United Student Aids Funds, Inc. (USA Funds). The district court incorrectly held that a reasonable jury could not hold USA Funds vicariously ... More...
   $0 (03-24-2019 - CA)

Ron Miller Enterprises, Inc. v. Lobel Financial Corporation, Inc.

Ron Miller Enterprises, Inc. dba Fresno Commercial Lenders (plaintiff) provides
short term loans to automobile dealers, also known as flooring loans. In the present case,
plaintiff made such loans to two now-defunct dealerships in the Fresno area, Elizabeth
Chavez dba King of Kars (King of Kars) and Carmen Zepeda dba Cars of Clovis (Cars of
Clovis) (also referred to as the dealersh... More...
   $0 (03-18-2019 - CA)

J.S. Bawa v. David Terhune

We hold that, when a landlord returns a tenant’s rent check without cashing it based on a
de minimis shortage in the agreed-upon rent, a tenant can assert the landlord’s bad faith in
rejecting the payment as a defense to an unlawful detainer action. We reject appellant’s
argument that when, as in the present case, a check is returned because it is one cent short and
an eviction not... More...
   $0 (03-16-2019 - CA)

Ron Miller Enterprises, Inc. v. Lobel Financial Corporation, Inc.




Miller Enterprises, Inc. dba Fresno Commercial Lenders (plaintiff) provides
short term loans to automobile dealers, also known as flooring loans. In the present case,
plaintiff made such loans to two now-defunct dealerships in the Fresno area, Elizabeth
Chavez dba King of Kars (Ki... More...
   $0 (03-15-2019 - 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
a $1,385,601.27 judgment entered against real party in interest Mark Boucher. In
connection with a judgment debtor examination of Boucher under Code of Civil
Procedure section 708.110,
1 and seeking information about his finances, Shrewsbury
moved for an order directing Wells Fargo Bank (Wells Farg... More...
   $0 (03-12-2019 - CA)

Jatera Corporation; Esther Randal Moore v. US Bank National Association





At issue in this diversity action is whether Texas law provides a detrimental-reliance exception to a lender’s right to unilaterally withdraw a notice of acceleration; and, if so, whether Jatera Corporation and Esther Ran... More...
   $0 (03-08-2019 - TX)

Anthony Robinson v. United States Department of Education





Appellant Anthony Robinson appeals the dismissal of his lawsuit against the U.S. Department of Education for violations of the Fair Credit Reporting Act (FCRA). The district court found that it lacked jurisdiction over the claim because Congress had not waived ... More...
   $0 (03-07-2019 - MD)

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