On May 5, 2015, the City of Los Angeles filed a lawsuit against Wells Fargo Bank N.A., alleging that the bank’s aggressive sales tactics resulted in the establishment of fraudulent…
In a unanimous decision on May 4, 2015, the U.S. Supreme Court ruled against a homeowner seeking to appeal a bankruptcy court’s denial of his bankruptcy plan, saying that such…
On April 21, 2015, the Consumer Financial Protection Bureau (“CFPB”) and the Federal Trade Commission (“FTC”) reached an agreement with a national mortgage servicer to pay $48 million in restitution…
On April 2, 2015, the Ninth Circuit Court of Appeals upheld a lower court’s decision mandating subordination of a bankrupt LLC owner’s arbitration award under Bankruptcy Code Section 510(b). In…
On April 16, 2015, the Ninth Circuit Court of Appeals ruled that when state law is more protective of the right to a jury trial than federal law, a district…
A California appellate court has upheld a trial court’s ruling that defendants in a California case that was dismissed due to a forum selection clause and moved to Florida for…
More than 200 changes have been recommended to reform Chapter 11 of the U.S. Bankruptcy Code in the recently released American Bankruptcy Institute (ABI) Chapter 11 Commission Report. Of the…
The Ninth Circuit has ruled that the Federal Deposit Insurance Corporation (“FDIC”) can be held liable for breaching a contract that a bank executed prior to the bank’s failure and…
A California appeals court has said “Enough!” to a homeowner’s ongoing wrongful foreclosure suits, dismissing all claims as barred by res judicata and collateral estoppel. In Boyce v. T.D. Service…
The Consumer Financial Protection Bureau (“CFPB”) has published its final policy statement on how the Bureau plans to publicly disclose consumer complaints regarding consumer financial services and products via its…
A California appellate court has ruled that an arbitration agreement containing a representative action (PAGA) waiver and a non-severability clause is unenforceable. In Securitas Security Services USA, Inc. v. Superior…
A recent California District Court ruling in Savetsky v. Pre-Paid Legal Services, Inc. has invalidated an online service provider’s arbitration clause in its wrap agreement due to lack of assent…
The Consumer Financial Protection Bureau (CFPB) released a study earlier this month that shows arbitration agreements restrict consumers’ relief for disputes with financial institutions because they limit class action suits….
A recent California appeals court decision in Alborzian v. JPMorgan Chase Bank, N.A. not only illustrates the common perils a junior lienholder faces if a borrower defaults, but also shows…
The California Fourth District Court of Appeals has ruled that an amendment to a bylaw to require arbitration in disputes that was made by members of a corporation after other…
The U.S. Department of Labor (DOL) has announced its final rule amending the Family Medical Leave Act (FMLA) to expand the definition of “spouse” to include same-sex married couples. This…
In its March 2, 2015, ruling in Berkeley Hillside Preservation v. City of Berkeley, the California Supreme Court created a new two-part test for the “unusual circumstances” exception to California…
A California appeals court has ruled that removing a person’s name from a trust deed before it is recorded is not a material alteration that would void the deed when…
A California appeals court has ruled that a homebuyer who accepted a cash payment from a homebuilder in exchange for a written general release and Civil Code section 1542 waiver…
M&T Bank Corp. has filed suit in a Los Angeles Superior Court against Motorcar Parts of America Inc., alleging that the company misrepresented a subsidiary’s financial health in order to…
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