Nautilus, Inc. v. Yang

A creditor seeking to void a transfer under the Uniform Fraudulent Transfer Act loses if the transferee proves that it gave reasonably equivalent value for the transfer and lacked fraudulent intent and actual, not constructive, knowledge of the transferor’s fraudulent intent.  Under the Uniform Fraudulent Transfer Act, a conveyance made without receipt of reasonably equivalent…

Mastan v. Salamon (In re Salamon)

If a junior lien securing a non-recourse debt is wiped out by a senior creditor’s foreclosure sale before the debtor files a Chapter 11 bankruptcy petition, the sold-out junior lienholder is not entitled to a recourse claim against the Chapter 11 bankruptcy estate.  Under 11 USC 1114(b), a creditor that holds a nonrecourse debt secured…

Porter v. Nabors Drilling USA, L.P.

Private citizen claims brought under the Private Attorney General Act are not exempt from the automatic stay in bankruptcy.  A private citizen’s suit under PAGA for statutory penalties payable to the state for non-payment of minimum wages or other Labor Code violations is not a government enforcement action that is exempt from the automatic stay…

Featherstone v. Southern California Permanente Medical Group

Plaintiff-employee who quit her job during a psychotic episode induced by prescription drugs could not state a claim for disability discrimination when her former employer denied her later request for reinstatement; the former employer owed no duty to rehire her once the former employment relationship ceased.  During a prescription drug-induced psychotic episode, plaintiff resigned from…

Quigley v. Garden Valley Fire Protection Dist.

Under Government Code 850.4, a governmental entity was immune from liability for injuries the firefighter-plaintiff incurred when a truck ran over her while she was sleeping in a temporary firefighting base camp, as the injuries resulted from the condition of firefighting facilities.  Gov. Code 850.4 grants governmental entities immunity from injuries resulting from the condition…

Kwan v. SanMedica Int’l, LLC

To state a claim under California’s Unfair Competition Law, False Advertising Law, or Consumer Legal Remedies Act, a private plaintiff must allege facts showing that the defendant’s advertising is actually false, not merely that that the defendant has not or cannot substantiate its advertising claims.  “We do not overrule a district judge on a question…

United States v. Harris

A federal lien and garnishment attach to the beneficiary’s interest in a spendthrift trust even if the trust gives the trustee sole discretion over distributions and even if the beneficiary disclaims his interest in the trust.  A beneficiary of a spendthrift trust established under California law has a sufficient right to payment to make the…

Broadway Victoria, LLC v. Norminton, Wiita & Fuster

When the basis for a claim of breach of fiduciary duty arises from the same facts and seeks the same relief as a plaintiff’s attorney negligence claim for malpractice, the claim for breach of fiduciary duty is duplicative and should be dismissed.  This decision affirms a judgment for the defendant law firm after a jury…

Goodyear Tire & Rubber Co. v. Haeger

Exercising its inherent power, a federal court may award attorney fees as a sanction; however, unless criminal contempt procedures are followed, the sanction cannot exceed the amount of attorney fees the opposing party would not have incurred but for the sanctionable conduct.  Federal courts have inherent power to sanction parties or their attorneys for conduct…

McDermott Will & Emery, LLP v. Superior Court

No matter how the attorney receives another party’s inadvertently produced privileged material, the attorney owes a duty to notify the privilege holder and await a court’s resolution of any dispute over existence or waiver of the privilege; failure to do so may lead to disqualification.  The trial court did not abuse its discretion in disqualifying…

Jackson v. Mayweather

Although celebrity defendant’s comments about celebrity plaintiff ex-girlfriend’s medical history were matters of public interest and received Anti-SLAPP protection, his posting of a sonogram and medical records on social media was a bridge too far even in the relatively lenient context of celebrity gossip.  Boxer Mayweather’s Facebook postings and a radio interview in which he…

Tepper v. Wilkins

Other than the elderly person, herself, only her court-appointed guardian may sue on her behalf under the Elder Abuse and Dependent Adult Civil Procedure Act.  Tepper brought this action on behalf of her 88-year old mother, alleging that Tepper’s siblings, who were trustees of the mother’s living trust, were committing financial abuse of an elder…