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Creditor Law
 
Raymond Blech v. Richard Blech




Although a judgment creditor may generally attempt to
enforce a money judgment against most assets of a debtor, such a
creditor may not reach a debtor’s interest in a trust if the tr... More...
   $0 (08-18-2019 - CA)

Timothy O'Brien v. AMBS Diagnostics, LLC

A judgment creditor sought to collect a money judgment
from a debtor’s individual retirement accounts. Mere weeks after
we ruled in a published decision that the accounts were only
partially exempt from levy pursuant to Code of Civil Procedure
section 704.115, subdivisions (a)(3) and (e)1 (O’Brien v. AMBS
Diagnostics, LLC (2016) 246 Cal.App.4th 942 (O’Brien II)),the
debtor... More...
   $0 (08-12-2019 - CA)

KDL, INC. v. SINGH, LLC, SWARNJIT SINGH, and SURINDER PAL SINGH and KARAN GAMBHIR and KHAWAR ALI


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On January 28, 2015, KDL petitioned the district court for damages against the Sing... More...
   $0 (08-09-2019 - KS)

Kwang K. Sheen v. Wells Fargo Bank, N.A.


Homeowners in mortgage trouble may try to negotiate a
better deal. If mortgage modification negotiations fail and the
borrower falls behind, the lender may foreclose, sell the house, and
evict the homeowner.... More...
   $0 (08-06-2019 - CA)

State of Oklahoma v. Eric Paul



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   $0 (07-29-2019 - OK)

Christopher Potter v. Alliance United Insurance Company

Plaintiff and appellant Christopher Potter (Potter) was
injured by Jesus Remedios Avalos-Tovar (Tovar) in an auto
accident. Tovar was insured by defendant and respondent
Alliance United Insurance Company (AUIC), with a maximum
liability limit of $15,000. Potter offered to settle personal injury
claims against Tovar for his policy limit, but AUIC did not
respond to the offer... More...
   $0 (07-24-2019 - CA)

STATE OF OHIO v. RYAN HICKEY


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On April 10, 2017, Appellant was indicted by the Harrison County Grand Jury o... More...
   $0 (07-16-2019 - OH)

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
2 No. 17‐3162
process that the statute ... 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)

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