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.
Posts tagged as “California”
The Court of Appeal of California, Second District, recently denied a petition for writ of mandate on the merits, concluding that California Labor Code section 229 did not exempt the plaintiff loan processor's wage claim from arbitration.
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.
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.
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.
The Court of Appeal of the State of California, Fourth Appellate District, recently affirmed a trial court’s order denying the defendant’s motion to compel arbitration.
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.
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.
On Dec. 10, the California Office of the Attorney General issued its Fourth Set of Proposed Modifications to the California Consumer Privacy Act regulations. The changes affect only two subsections relating to the sale of personal information.
The Court of Appeal of the State of California, Fifth District, recently held a trial court incorrectly applied the statute of limitations on an alleged quiet title claim, where the statute of limitations to foreclose a first deed of trust had already run, and the lien had been extinguished, prior to the filing of the alleged quiet title claim.
The California Office of the Attorney General issued a Notice of Third Set of Proposed Modifications to its regulations relating to the California Consumer Privacy Act on Oct. 12. Written comments will be accepted until 5 pm on Oct. 28, 2020.
On Sept. 25, 2020, California Gov. Gavin Newsom approved Senate Bill 908 which creates the “Debt Collection Licensing Act.” The licensing provisions become operative Jan. 1, 2022, with the licenses to be issued by the Commissioner of Business Oversight.