Case News

Case Summaries

Bankruptcy Law

[11/16] In Re: Laura M. Sheedy
Affirming the bankruptcy court's refusal to approve a motion for an extension of time to file a notice of appeal that occurred because the appellant's attorney was preoccupied with her second job as a church music director because this did not constitute excusable neglect and the court did not abuse its discretion in reaching this determination.

[11/15] In Re Kimberly Ann Zizza
Affirming the bankruptcy court's denial of Chapter 7 discharge to an attorney on the grounds that she made material, knowing, and fraudulent false oaths in the course of her bankruptcy proceedings by failing to disclose two lawsuits to which she was a party in her schedules and at her first creditors' meeting.

[10/24] In Re Pursuit Capital Management, LLC.
Affirming the district court's dismissal as moot a claim filed challenging a bankruptcy trustee's ability to sell certain property because the complaining party had failed to obtain a stay of the court's approval of the sale in a prior action.

[10/20] In Re MPM SIlicones, LLC
Largely affirming the lower court's support of a Chapter 11 reorganization plan despite creditor complaints that it eliminated or reduced the value of notes that they held because it comported with the Chapter 11 requirements, but remanding to address a deficiency relating to the determination of the proper interest rate under the cramdown provision of Chapter 11.

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Commercial Law

[10/12] Wiseman Park LLC v. Southern Glazer Wine and Spirits LLC
Reversing a trial court order sustaining respondent's demurrer and remanding for proceedings the case of a restaurant who purchased alcoholic beverages from a distributor and later sought to recover 'carrying charges' levied against them that they felt were barred by the Alcoholic Beverage Control Act where the trial court ruled that the Alcoholic Beverage Control Department had exclusive claims over actions involving the sale of alcohol because while the agency has exclusive control over issues relating to licensure the case also invoved contract, unfair competition, and declaratory relief claims.

[10/10] Teixeira v. County of Alameda
Affirming the district court dismissal for failure to state a claim in the case of a man who felt that Alameda County regulations that effectively prevented the opening of a gun shop because the Second Amendment does not protect the right of commercial proprietors to sell firearms.

[10/10] Nationwide Biweekly Administration, Inc. v. Owen
Reversing district court orders dismissing motions for preliminary injunction in a case involving Nationwide's 'biweekly interest savings' mortgage payment model and holding that the company was unlikely to succeed in First Amendment claims that California could not make them include truthful disclosures in mailers, and that the company was likely to succeed in its claim that the Dormant Commerce Clause precludes California from making in-state incorporation a prerequisite of licensure to engage in interstate commerce.

[09/29] RSB Vineyards, LLC v. Orsi
Affirming the grant of summary judgment to the former owners of a vineyard that included a residence that had been converted into a wine tasting room because the room was structurally unsound and although the construction professionals involved should have been aware, this knowledge was not imputable to the sellers who had no actual knowledge of the problem and couldn't be held liable for nondisclosure of information that they were unaware of.

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Dispute Resolution & Arbitration

[11/08] Diaz v. Professional Community Management, Inc.
Concluding that a defendant and their counsel unilaterally created an appeal-able order by making a motion in bad faith with the intention of creating a series of appeals that would forestall and damage the ability to proceed to trial and affirmed the denial of a motion to compel arbitration filed 11 days before the scheduled trial on its merits and imposing monetary sanctions on the defense an counsel for bringing a frivolous appeal.

[10/26] Baxter v. Genworth North America Corporation
Affirming the trial court's denial of a motion to compel arbitration in a wrongful termination suit because they agreed that the arbitration agreement at issue was both procedurally and substantively unconscionable because signing the agreement was a condition of employment and the procedural deadlines shortened the statute of limitations, accelerated hearing procedures to the employee's disadvantage, and precluded the meaningful opportunity for prelitigation investigation.

[10/23] Yu v. Hasaki Restaurant, Inc.
Granting leave to file a petition and granting that petition upon determining that a timely filed notice of appeal is sufficient to invoke appellate jurisdiction over a Section 1292(b) petition in the case of a dispute between a sushi chef and the restaurant where they worked.

[10/17] Beneli v. NLRB
In a labor action, the NLRB's decision to make its new standard for deferring to an arbitration decision prospective only, and not apply it retroactively to petitioner's case, is affirmed where the decision conforms with the relevant analysis under Oil, Chem, & Atomic Workers Int'l Union Local 1-547 v. NLRB, 842 F.2d 1141 (9th Cir. 1988).

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Judgment Enforcement

[10/25] Midbrook Flowerbulbs Holland B.V. v. Holland America Bulb Farms
Affirming the district court's order grant of summary judgment in favor of the plaintiff and denying the defense's discovery request in a diversity action seeking recognition of a Dutch court judgment under Washington's Uniform Foreign-Country Money Judgments Recognition Act (UFCMJRA) because, although the foreign proceedings were quite different procedurally than they might have been stateside, the legal standard governing the UFCMJRA only requires that the foreign proceedings did not deny the party fundamental fairness.

[10/17] Penn. Pub. Util. Commission v. Jenkins
In a judgment enforcement action, the district court's order approving a sale recommended by the receiver as part of wrapping of a fifteen year case stemming from a $58 million judgment is affirmed where the sale appeal is not equitably moot and the district court's orders approving the sale details was not an abuse of discretion.

[07/20] Thai-Lao Lignite Co. v. Government of the Lao People's Democratic Republic
Affirming the district court's decision to vacate an earlier judgment enforcing an arbitral award because the court in the Malaysian arbitral seat had set the award aside because a consideration of the factors under the Federal Rule of Civil Procedure 60(b)(5) would not have materially changed the outcome and there was no abuse of discretion denying the petitioner's request that Laos be forced to post security during the pendency of the motion and appeals.

[06/07] Casiopea Bovet, LLC v. Chiang
In an action challenging the California State Controller denying its claim seeking unclaimed property held as escheated funds, the trial court's judgment on the pleadings granted in favor of the Controller is affirmed where plaintiff could not claim escheated property under the Unclaimed Property Law, Code of Civ. Proc. section 1500 et seq., as an assignee of a title company because it was a suspended corporation, Rev. & Tax. Code section 23301, which lacked legal capacity to prosecute an action.

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