US Bank, N.A. v. Naifeh

When a home loan borrower defends a lender’s suit, based on a demand for rescission under the Truth in Lending Act, the lender’s lien is not automatically invalidated; instead, the court must decide whether correct TILA disclosures were given and whether the borrower should be required to tender back the borrowed sums before the lien…

Hernandez v. Williams, Zinman & Parham, PC

The federal Fair Debt Collection Practices Act’s five-day debt validation notice requirement applies not only to the first debt collector attempting to collect a given debt, but also to each later debt collector attempting to collect that same debt.  Under 15 USC 1692g(a), a debt collector must send the debtor a debt validation notice within…

Flintco Pacific, Inc. v. TEC Management Consultants, Inc.

The trial court properly denied a general contractor’s promissory estoppel claim as the general could not show it reasonably relied on the defendant subcontractor’s bid price while seeking to renegotiate the accompanying conditions to the sub’s bid.  Substantial evidence supported the trial court’s finding that a general contractor did not reasonably rely on a subcontractor’s…

Martin v. Yasuda

Defendant’s conduct of litigation for 17 months, including a motion to dismiss, extensive discovery, and a deposition, waived the right to invoke arbitration.  Whether litigation conduct waives the right to arbitration is a gateway issue that the court rather than the arbitrator decides.  Here, defendant’s conduct of the litigation for 17 months before moving to…

Duran v. Obesity Research Institute, LLC

Approval of a class action settlement in a case of alleged false advertising of weight loss products is reversed because the claim form misinformed class members as to key aspects of the settlement agreement that had been approved by the court.  Approval of a class action settlement in a case of alleged false advertising of…

Intelligent Investments Corp. v. Gonzales

Tenant was the prevailing party, entitled to an attorney fee award under LA’s Rent Escrow Account Program, when the landlord voluntarily dismissed an unlawful detainer action to recover possession of property that was subject to the Program.  Under LA Municipal Code 162.09, a tenant who prevails in an unlawful detainer action brought concerning property that…

Santos v. Kisco Senior Living, LLC

A mandated reporter of elder abuse is immune from liability for having filed an affidavit in support of a citizen’s arrest of a worker suspected of having stolen property from nursing home residents.  Welf. & Inst. Code 15634 broadly immunizes mandated reporters of elder abuse from liability for their reports.  This decision holds that a…

Property Reserve, Inc. v. Superior Court

The Eminent Domain Law’s procedure for allowing condemning authorities to perform pre-condemnation testing of property meets state and federal constitutional requirements so long as it is reformed to allow jury determination of the property owner’s damages from the testing.  Code of Civil Procedure 1245.010 et seq. set out a procedure for condemning entities to apply…

City of San Jose v. MediMarts, Inc.

Defendant could not plead the Fifth Amendment to avoid his obligation to collect and pay business taxes to City of San Jose for his marijuana co-op.  A corporate officer may not rely on the Fifth Amendment right to avoid self-incrimination in order to avoid producing corporate records.  As an officer of a marijuana co-op, defendant was…

Louisiana Municipal Police Employees’ Retirement System v. Wynn

In this derivative suit, shareholders failed to allege facts sufficient to show futility of demanding that the board of directors remedy corporation’s alleged bribery of foreign officials, since complaint did not sufficiently aver that insiders controlled a majority of the board or that board members likely faced personal liability for the corporation’s acts.  Shareholders failed…

Russell Road Food & Beverage, LLC v. Spencer

Trademark assignments and trademark co-existence agreements are generally enforceable; here the assignee of a co-existence agreement had prior rights over the assignee under a later assignment of the trademark.  Both assignments and trademark co-existence agreements are generally enforceable.  Here, the original owner of the “Crazy Horse” trademark entered into a co-existence agreement with Russell Road’s…

Communities for a Better Environment v. Bay Area Air Quality Management Dist.

Delayed discovery cannot be used to circumvent a limitations period triggered by events giving prospective plaintiffs constructive knowledge of their claim, such as, here, the 180-day limitations period for suing to challenge a public entity’s failure to comply with the California Environmental Quality Act.  Delayed discovery does not toll the 180-day limitations period for suing…