Aanderud v. Superior Court

An arbitration agreement is not substantively unconscionable merely because it states that the arbitrator will decide arbitrability issues.  An arbitration clause that provided the parties would submit to arbitration any dispute about “the interpretation, validity, or enforceability of this Agreement, including the determination of the scope or applicability of [the arbitration clause]” and which chose…

Conroy v. Wells Fargo Bank, N.A.

A loan servicer owes a borrower no duty of care in handling his home loan modification application; also, unless the borrower documents a change in financial circumstances, dual tracking prohibitions do not apply to second/subsequent loan modification requests, even if the lender accepts, processes, and reviews the later loan applications.  This decision holds that a…

Crossroads Investors, L.P. v. Federal National Mortgage Assn.

Lender’s alleged failure to (1) provide reinstatement amounts in response to a defaulted borrower’s request or (2) respond to plaintiff’s claimed tender of arrearages under the deed of trust, were protected activity under the Anti-SLAPP statute, but only because they occurred in the context of the borrower’s bankruptcy proceeding.  In this case, the Court of…

In re Spanish Peaks Holdings II, LLC

A bankruptcy trustee may sell the bankrupt estate’s real property free and clear of unexpired leases, so the lessees’ interest and right to possession is ended by the sale free and clear.  A bankruptcy trustee may sell the bankrupt estate’s real property free and clear of unexpired leases under 11 USC 363(f).  This section does…

Deutsche Bank National Trust Co. v. Pyle

A void default judgment, obtained without proper service on the defendant, cannot be the foundation of a valid claim of title to property, so the secured lender against whom the default judgment was entered prevails over a bona fide purchaser from the plaintiff.  Following OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th…

Sleep EZ v. Mateo

Normally, a payment is not “made” until the creditor receives it; however, if the creditor directs payment by mail, the payment is “made” when deposited in the mail.  When a landlord directs a tenant to pay rent by mail (or any other creditor directs payment of a debt by mail), payment is complete when the…

Cummings v. Dessel

A court may not order sale by appraisal in a partition action without all joint owners’ consent.  When a co-owner of a property sues for partition of the property, the court may divide the property in kind, or if it finds it more equitable to do so, it may order the property sold and the…

Beachcomber Management Crystal Cove, LLC v. Superior Court

Attorney who had represented a corporation and its control group is not disqualified from representing the control group in a shareholder derivative action because the control group already knows the corporation’s confidential information.  The trial court erred in disqualifying counsel who had represented corporation and its control group before suit from continuing to represent the…

Los Angeles Unified School Dist. v. Safety National Casualty Corp.

Unless the arbitration clause expressly adopts them, the Federal Arbitration Act’s procedural rules do not apply in state court proceedings to compel arbitration, even when the FAA’s substantive provisions govern the arbitration clause.  Following Cronus Investments, Inc. v. Concierge Services (2005) 35 Cal.4th 376, this decision holds that even if the arbitration clause appears in…

Williams v. Superior Court

In a Private Attorney General Act suit, the plaintiff is entitled, as a matter of course, to discovery of identification information of all employees affected by the employer’s alleged violations of wage and hour laws.  At the very outset of this PAGA suit, the plaintiff employee sought to compel the employer to provide a list…

Minnick v. Automotive Creations, Inc.

When an employer’s policy states that an employee does not begin to earn vacation pay until after a full year’s employment, the employer does not owe an employee any vacation pay if employment is terminated less than a year after the date of initial employment.  Following Owen v. Macy’s, Inc. (2009) 175 Cal.App.4th 462, this…

Kao v. Holiday

A foreign national who was invited to the US to work for defendant was not an “intern” or “trainee” during the 11 months he worked before securing a green card, because the work he did consisted of typical work tasks rather than education; so he was entitled to minimum wages under both federal and state…