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Posts tagged as “California”

Calif. App. Court (2nd Dist) Holds Creditor’s Application for Sale Must Include Unrecorded Liens on Property

The Court of Appeals of the State of California, Second Appellate District, recently affirmed a trial court’s denial of a judgment creditor’s application for sale of the debtor’s dwelling to satisfy the creditor’s money judgment, finding the application was deficient.

Calif. App. Court (1st Dist) Holds Bail Bond Premium Finance Agreements Are Consumer Credit

The Court of Appeal of the State of California, First Appellate District, recently affirmed a trial court's order enjoining a bail bonds company from enforcing bail bond premium financing agreements on a classwide basis on the ground that the statutory notice pursuant to California Civil Code section 1799.91 had not been provided.

Calif. App. Court (1st Dist) Rejects Bank’s Effort to Disqualify Arbitrator as Untimely

The California Court of Appeals, First Appellate District, recently reversed a lower court’s orders denying a bank account holder’s petition to confirm an arbitration award and an order granting a bank’s petition to vacate the award, and remanded with instructions to enter an order confirming the award.

Calif. App. Court (4th Dist) Holds Prior Unlawful Detainer Judgment Did Not Bar Borrowers’ Current Claims

The California Court of Appeal, Fourth Appellate District, recently held that a trial court erred in ruling that several borrowers' claims were precluded by a prior unlawful detainer judgment entered against them following the foreclosure sale of their home.

Calif. App. Court (5th Dist) Reverses Quiet Title Judgment Against Foreclosing Mortgagee

The California Court of Appeals for the Fifth Appellate District recently reversed a trial court's ruling under the California Code of Civil Procedure section 473 to set aside a default and a judgment quieting title against a mortgagee that had foreclosed and acquired title to the subject property.

Calif. App. Court (4th Dist) Holds Rosenthal Act May Apply to Foreclosures, ‘Continuing Violation’ Doctrine May Apply

The Court of Appeal of the State of California, Fourth Appellate District, recently reversed in part and affirmed in part a trial court’s judgment sustaining the defendant loan servicer's and loan owner's demurrer (motion to dismiss) based on res judicata.

Calif. App. Court (2nd Dist) Holds Interest Payment Not Required on Escrowed Hazard Insurance Proceeds

The Court of Appeal of the State of California, Second Appellate District, recently held that neither California Civil Code section 2954.8 nor the parties’ loan agreement required the mortgagee to pay interest on insurance proceeds it held in escrow following the destruction of the plaintiff's home.

9th Cir. Holds Anti-Joinder and Class Action Waiver Provisions Did Not Violate California Law

The U.S. Court of Appeals for the Ninth Circuit recently affirmed an order compelling arbitration, even though the arbitration clause contained a class action waiver and an anti-joinder provision, and dismissing a putative class action brought against the operator of a smartphone app offering financial services to its customers.