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.
Posts tagged as “California”
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.
Assembly Bill 713 was approved by California Gov. Gavin Newsom on Sept. 25, 2020, at which time its provisions went into effect. The legislation amends the California Consumer Privacy Act (CCPA) in part by addressing certain issues related to de-identified patient information.
The Court of Appeals of the State of California, Fourth Appellate District, recently held that an arbitration provision contained in a credit card agreement was unenforceable because it sought to bar a customer from pursuing “in any forum” his claim for a public injunction.
On Sept. 9, 2020, California Assembly Bill 1885 was enacted, significantly increasing the amount of California’s homestead exemption. The amendment becomes effective Jan. 1, 2021.
The Court of Appeal of the State of California, First Appellate District, recently held that a forum selection clause in favor of a New York forum was unenforceable where the clause included a predispute jury trial waiver, which is unenforceable under California law but which would have been enforceable under New York law. Accordingly, the Appellate Court reversed the order of dismissal entered by the trial court. A copy of the opinion in Handoush v. Lease Finance Group, LLC is available at: Link to Opinion. The plaintiff storeowner filed a lawsuit against the defendant company alleging that the defendant supposedly defrauded…
The Court of Appeals of California, Second District, recently upheld a trial court’s ruling reducing the amount of a plaintiff’s attorney’s fee award in a consumer litigation action to less than 40% of the amount sought by the plaintiff’s counsel. A copy of the opinion in Morris v. Hyundai Motor America is available at: Link to Opinion. The opinion was later revised slightly and certified for publication: Link to Opinion. A car buyer sued the manufacturer of a used car she purchased under California’s Song-Beverly Consumer Warranty Act, Civ. Code, § 1790 et seq., for alleged defects that the manufacturer refused to…
Three new laws signed by California Gov. Gavin Newsom in recent days will impact consumer credit in the state by capping interest rates on payday and other consumer installment loans, giving automatic exemptions for bank account levies and removing exemptions for attorneys and mortgage loans from the Rosenthal Act. California Financing Law Expanded AB 539 amends the California Financing Law, which licenses and regulates finance lenders and brokers, by imposing new restrictions on loans of $2,500 or more but less than $10,000. It also adds a rate cap on those loans so that the annual simple interest rate may not…