Greetings!
 Welcome to the first issue of "Bringing California Law Into Focus." The purpose of this newsletter is to provide our clients and friends with frequent updates of significant changes in California law and the Courts. It is our hope that this will enable you to make the most informed decisions relating to your litigation and transactional matters. We thank you for your continued support of our firm. |
LA Superior Courts End Monthly Furlough Days, Indefinitely Delay Further Layoffs
Over the past year, cases filed within Los Angeles County have faced significant delays due to budget-imposed constraints by the Los Angeles Superior Court, including furlough days on the third Wednesday of each month, laying-offs of hundreds of employees, and employees retiring without replacement. Addtionally, on July 28, Governor Schwarzenegger reinstitued furloughs for state employees until law makers pass a budget. While the impact of Governor Schwarzengger's furlough extension is still uncertain with regards to the Los Angeles Superior Court, hopefully, clients will soon face fewer delays as the Superior Court already held its last scheduled furlough on July 21st and has decided to to indefinitely delay plans to lay-off an additional 500 employees. More. |
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New California Appelate Case: Junior Judgment Lien Creditors Are Not Entitled to Notice of Senior Nonjudicial Foreclosures
In nonjudicial foreclosures, unless otherwise provided by contract or statute, the trustee is not required to search for and provide notice to all possible judgment creditors. Where a junior judgment lien creditor does not request special notice, the trustee has no duty under the current California statute to determine the junior's priority or distribute surplus funds to it. |
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New 9th Circuit Court of Appeals Case: Creditors May Levy Upon Domain Names
Domain names are intangible property subject to writs of execution and may be auctioned off to satisfy a judgment. For purposes of asserting quasi in rem jurisdiction, domain names are located where the company that maintains the domain name resides, and not where the company that registers the domain name on behalf of the domain name owner is located.
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New California Appellate Case: Deeds Issued Prior to a Trust's Creation May Still Constitute An Effective Transfer of Property
A quitclaim deed issued from a grantor to a trust prior to the trust's creation is an effective transfer of property, even though the trust did not exist on the date the deed was created, since the grantor anticipated the trust would be formed at the time of execution and the trust was in fact later established. As the court never addressed where the title lies between the date of the conveyance of the trust and the creation of the trust, lendors should be wary before extending title on the strength of an uncertain title and funding.
Luna v. Brownell, 185 Cal.App.4th 668 (2010). |
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New 9th Circuit Court of Appeals Case: "Negative Equity" Is Not Part Of A Purchase-Money Security Interest
Upon purchasing a new vehicle for $25,600, Debtor traded in her old vehicle on which she still owed approximately $7000. The finance company added the $7000 of "negative equity" to the amount financed for a total of $31,700. Debtor filed for bankruptcy and the finance company claimed it had a purchase-money security interest, or super priority right, on the entire amount, including on both the new vehicle price and the negative equity. The Court held that the finance company only had a purchase-money security interest on the new vehicle price. In holding for the Debtor, the Court reasoned that negative equity is not sufficiently connected to the "price" or "value given to enable" the purchase of a new vehicle and that the focus should be on these definitions instead of what is necessary to entice sellers and lenders to finance a new vehicle. AmeriCredit Financial Services v. Penrod (In re Penrod), No.08-60037, 2010, WL 2794409 (9th Cir. July 16, 2010).2010 WL 2794409. |
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