The Ninth Circuit reversed the grant of summary judgment in a case which alleged violation of the Age Discrimination in Employment Act [28 U.S.C. §621]. Plaintiff was 54 years old with 29 years of experience. Someone else who was 42 years old and had two years of experience was hired. During the process, there was […]
Thinking About Filing For Bankruptcy in Rialto, CA?
In this video, Attorney Mark Mellor walks you through the difference between Chapter 7 & Chapter 13 bankruptcy and which might be best for you. Contact our bankruptcy lawyers today at (951) 221-4744.
Discharging Student Loans in Bankruptcy Cases
The short story is you cannot discharge student loans. The longer story is that it is dischargeable if it would “impose undue hardship.” Most courts require a strong showing of “undue hardship” before allowing discharge of student loans. “Undue hardship” is defined as: (1) That she cannot maintain, based on current income and expenses, a ‘minimal’ […]
Discharging Taxes In Bankruptcy Cases
Is Tax Dischargeable? Five Rules That Must All Be Satisified To Discharge Taxes The Three Year Rule The most recent due date to file the return for the tax year in question is more than three years old. The most recent due date. Normally April 15th of the following year or October 15th if an […]
California Supreme Court Limits Liability Of Manufacturers.
Defendant manufactured pumps and valves, and was sued for wrongful death caused by asbestos manufactured by third parties and added to the pumps after defendant sold them. The California Supreme Court held that “a product manufacturer may not be held liable in strict liability or negligence for harm caused by another manufacturer’s product unless the […]
Non-Traditional Jew Entitled To Kosher Meals In Prison.
A Messianic Jew incarcerated in state prison was denied kosher meals. Prison officials did not dispute the sincerity of the prisoner’s beliefs, but said the prisoner was not eligible to partake in an existing kosher meal program because he was not a traditional Jew and his needs could be satisfied with a vegetarian diet. In […]
Church School Did Not Violate Law When It Fired Teacher With Narcolepsy Who Threatened To File A Lawsuit.
The United States Supreme Court ruled a Lutheran Church school did not violate the law when it fired a teacher who claimed she was discriminated against because of a disability, and threatened to sue the church. The Court said the Establishment and Free Exercise Clauses of the First Amendment bar suits on behalf of ministers […]
Dispute Against Credit Card Company Promising To Help Rebuild Credit Has To Be Arbitrated.
Credit card was marketed to be used to “rebuild poor credit.” The company was sued in a class action for misrepresentation. Credit card users signed arbitration agreement in the application. But the Credit Repair Organizations Act [CROA; 15 U.S.C. §1679c(a)] states: “You have a right to sue a credit repair organization that violates the [Act].” […]
Summary Judgment In Favor Of Bank Reversed In Identity Theft Case.
Fraudulent accounts were opened in plaintiff’s name, so he advised credit reporting agencies which, in turn, notified various banks of the situation. Chase Bank USA did perform an investigation but continued to report a fraudulently opened account as lost or stolen and the thief’s address as plaintiff’s address. The trial court granted summary judgment in […]
Real Estate Department Must Pay For Broker’s Fraud.
Plaintiffs obtained a judgment for $280,000 against their broker after four fraudulent real estate transactions. Plaintiffs applied with the Department of Real Estate Recovery Account to pay what they could not collect from their broker. The Department paid $50,000 and denied the Remainder, Finding Some Of The Transactions Were Based On The Broker’s Breach Of […]
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