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California Appeals Court Rules Formal Arbitration Demand Not Necessary When Other Party Refuses Arbitration by Filing Suit

| Business Law, Civil Procedure | No Comments
Last month, a California Appeals Court reversed an order by the trial court denying a petition to compel arbitration, ruling that the defendant had met its burden of proof under...

California Appeals Court Upholds Right to Add Additional Debtor to Judgment Against Law Firm in Bankruptcy

| Bankruptcy, Civil Procedure | No Comments
On December 19, 2014, a California Appeals Court affirmed a trial court’s ruling that amended a judgment against a law firm in bankruptcy to add a former name partner as...

SCRA Provisions to Postpone Foreclosure for Military Servicemembers Extended by Congress

| Banking, Foreclosure | No Comments
In the waning days of 2014, Congress extended special provisions in the Servicemembers Civil Relief Act (SCRA) that require postponing a foreclosure on a military servicemembers’ property if that member...

California Appeals Court OKs Subordination of Priority Liens If Fiduciary Engages in Inequitable Conduct

| Banking, Real Estate Transactions | No Comments
Last month, a California appeals court ruled that priority liens could be subordinated if a fiduciary engages in inequitable conduct toward a person to whom a fiduciary duty is owed....

Recent Equipment Lease Case Illustrates Importance of Forum Selection Clause

| Business Law | No Comments
Forum selection clauses are provisions in a lease (or any other contract) in which it is agreed that, if the contracting parties have any dispute or need a provision of...

Construction Contractors Bidding on State Contracts Must Now “Ban the Box”; New Federal Law Barring Discrimination Based on Sexual Orientation Effective on April 8

| Business Law | No Comments
As a result of California’s Fair Chance Employment Act, construction contractors making bids on state contracts must now certify they have eliminated the box on employment applications that inquire whether...

California Supreme Court to Determine If Arbitrator or Judge Should Decide Class Arbitration

| Business Law, Civil Procedure | No Comments
The California Supreme Court is set to decide whether an arbitrator, instead of a trial judge, can decide if a class can be certified in a class arbitration. Rules governing...

S&P Barred From Providing CMBS Ratings for One Year; Must Pay $77M Fine Over Post-2011 Ratings

| Banking | No Comments
Standard & Poor’s Ratings Services (S&P) has reached a settlement agreement with the U.S. Securities and Exchange Commission (SEC) and state regulators to pay a $77 million fine and be...

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