In re Miller (First Community Bank v. Gaughan)

Under California’s conflicts of law rules, California law governed execution of a judgment on the husband’s guaranty against the Arizona couple’s jointly owned San Francisco apartment.  FCB obtained a judgment on a guaranty against husband in Arizona federal court.  FCB registered the judgment in federal court in California and attempted to execute on a San…

Rincon EV Realty LLC v. CP III Rincon Towers, Inc.

A contractual jury trial waiver is unenforceable in California state court despite the contract’s choice of New York law which allows such waivers.  California’s interest in fair procedure, as embodied in its state constitutional right to a jury trial, is a fundamental policy of California which overrides the parties’ contract provision waiving the right to…

Chen v. L.A. Truck Centers, LLC

After an Indiana-based bus manufacturer was dismissed from the case, California law governed Chinese bus passengers’ claims against a California-based bus distributor for injuries sustained when the bus overturned in Arizona; only California had a governmental interest in application of its law.  This products liability case arose from a roll over accident of a tour…