A commodities merchandiser entered into 12 contracts. It sued the buyer alleging it failed to accept and pay for some of the merchandise. After a bench trial, the court found there was no mutual assent for lack of certain contract terms. Judgment was entered for the buyer. The Court of Appeal reversed, stating in part: […]
California Legislature Passes Homeowners’ Bill Of Rights
State lawmakers approved a series of foreclosure relief bills Monday, July 2, 2012, that supporters say will help hundreds of thousands of struggling Californians stay in their homes. The legislation, opposed by banks that in previous years had succeeded in killing similar proposals, is meant to help people at risk of foreclosure stay in their […]
FHFA, Fannie Mae, and Freddie Mac File Suit Challenging Imposition of State and Local Taxes
On June 22, the FHFA, along with Fannie Mae and Freddie Mac (the Enterprises), filed a lawsuit in the U.S. District Court for the Northern District of Illinois challenging the authority of Illinois state and county officials to impose transfer taxes on transactions moving property to or from the Enterprises. Although the complaint concedes that […]
Another Appellate Court Agrees Evidentiary Hearing Required In Quiet Title Default Prove-Ups.
Six months ago, the decision of Harbour Vista LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, [134 Cal.Rptr.3d 424], which noted that Civ.Proc. §764.010 provides that in actions to quiet title, the court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence […]
Decision That Foreclosing Party Must Be Note Holder Or “Acting On Behalf” Of Note Holder In Massachusetts.
On June 22, 2012, the SJC issued a decision in Eaton v. Federal National Mortgage Ass’n et al, Massachusetts Supreme Judicial Court, (June 22, 2012) (Case No. SJC-11041) holding that a foreclosure by sale pursuant to a mortgage power of sale provision must be conducted by a mortgagee that either holds the underlying mortgage note or […]
FTB Reverses Course on Mello-Roos Taxes – For Now
After announcing its intention to add additional reporting requirements relating to real estate tax deductions, the California Franchise Tax Board (FTB) has abruptly changed course. The FTB recently announced that it would require California taxpayers to separately report ad valorem taxes, assessments, special taxes and fees not based on a property valuation basis. The FTB […]
Loss Of Consortium Claim Valid If Marriage Predates Discovery Of Symptoms.
With latent injury cases, injury often does not occur at the time of exposure to a toxic substance, but often decades later. The Court of Appeal held the required showing of the existence of a valid marriage for a loss of consortium claim is satisfied if the plaintiff’s marriage to the injured spouse predates discovery […]
Another Juror On Facebook…Court Gets Serious!
Following a criminal conviction, the court learned that during the trial a juror had posted items on Facebook concerning the trial. The court ordered the former juror to execute a consent form pursuant to the Stored Communications Act [SCA; 18 U.S.C. §2701 et seq.] authorizing Facebook to release to the court for an in camera […]
No Qualified Immunity For Police Officer In Wrongful Death Of Suspect.
A jury found a police officer caused the wrongful death of a suspect who died “through the unconstitutional use of excessive force” while in police custody at a hospital. The appellate court analyzed: “Taken as a whole, the combined effect of [the] evidence supports a finding that Macias punched and tasered a non-resisting and compliant […]
Cow Versus Motorcycle.
Plaintiff’s complaint alleged negligence and premises liability after a 1,200-pound cow named “Annie” charged him while his motorcycle was stopped on a paved road within a ranch, but classified as an easement and used by eight families to get to their landlocked properties. At the close of plaintiff’s evidence at trial, the court granted a […]
- « Previous Page
- 1
- …
- 157
- 158
- 159
- 160
- 161
- …
- 164
- Next Page »