was recently successful in defeating an appeal of an order sustaining its Hospital client's demurrer to a class action complaint. The Court of Appeal affirmed the majority of the trial court's order sustaining the demurrer to plaintiff's...
In LSREF2 Clover Property 4 LLC v. Festival Retail Fund 1LP, Case No. BC59937, the California Court of Appeal reversed the Los Angeles County Superior Court to say that a guaranty was not a sham guaranty and as such, the guaranty could be pursued upon a default by the...
The entry of a discharge order under 11 U.S.C. § 727 gives rise to what is commonly known as the "discharge injunction". The discharge injunction is what gives the discharge its bite. It empowers the debtor to seek recourse against creditors who seek to collect...
In In re Obedian, 546 B.R. 409 (Bankr. C.D. Cal. March 1, 2016), a Central District Bankruptcy Court recently applied the California Supreme Court case, In re Marriage of Valli, 58 Cal. 4th 1396 (Cal. 2014). In Valli, the California Supreme Court found, that in an...
