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Results: 1-10 of 1,385

Actions taken in violation of the automatic stay are void... sometimes

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • October 2 2008

In Burkhart v. Coleman, (In re Tippett) --- F.3d ---, 2008 WL 4070690 (9th Cir. Sept. 4, 2008), the Ninth Circuit held that an unauthorized post-petition sale of real property may be upheld where: 1) the bankruptcy trustee failed to record the bankruptcy petition with the county recorder; and 2) a bona fide purchaser thereafter bought and recorded title in the property

Bank's claim for unjust enrichment governed by three-year statute of limitations

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • October 7 2008

Is a bank's claim against its borrower for unjust enrichment arising out of the borrower's nonpayment of a promissory note governed by the four-year statue of limitations for breach of written contract?

Appearance of an OCI standing alone is insufficient to disqualify offeror

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • October 6 2008

In AT&T Government Solutions, Inc., B-400216, Aug. 28, 2008, the GAO sustained a protest on the grounds that the Navy improperly excluded the protestor from the competitive range based upon an appearance of an organizational conflict of interest (OCI

City of Rancho Palos Verdes liable for taking during moratorium

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • October 23 2008

In Monks, the California Court of Appeal found the City of Ranch Palos Verdes (City) had exacted a permanent taking on a group of land owners seeking to build homes on 16 lots in the Palos Verdes coastal peninsula area by establishing insurmountable conditions for development without a valid justification

Challenge to a moratorium resolution announcing plans for zoning amendments dismissed as not ripe to litigate

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • October 23 2008

The California Court of Appeal found developer Stonehouse Homes’ (Stonehouse) challenge to an April 2006 moratorium resolution adopted by the City of Sierra Madre (City) did not present a justiciable controversy

Homestead exemption does not apply to home owned by single shareholder corporation

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • October 23 2008

In this case, California Court of Appeal affirmed an order for sale of dwelling pursuant to California Code of Civil Procedure section 704.740 (part of the state’s Enforcement of Judgments Law) finding the Coastal Commission's assignee of a $1,469,000 judgment lien had properly secured a valid assignment of the judgment and that the homestead exemption did not apply because the subject dwelling was not owned by a natural person

California Supreme Court agrees to review Brinker decision

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • October 23 2008

On October 22, 2008, the California Supreme Court agreed to review the closely followed case of Brinker Restaurant v. Superior Court of San Diego

Another court of appeal holds that to "provide" meal and rest periods means "make available"

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • October 29 2008

On October 28, 2008, only six days after the California Supreme Court's decision to review Brinker Restaurant v. Superior Court of San Diego, a different California Court of Appeal reached the same conclusions about an employer's obligation to provide meal and rest periods

Between Cher and Joe Montana - when is it okay to use a person's image to advertise a protected use of that image?

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • November 10 2008

In deciding whether the unauthorized use of a third party’s name, voice, likeness or persona (collectively, “Image”) violates such third party’s publicity rights, the first level of inquiry is whether the use is properly categorized as a “commercial” or a “non-commercial” use

Reasonable minds differ on whether a zip code is "personal identification information" under the Song-Beverly Act

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • November 10 2008

Over twenty major retailers have been sued in class action lawsuits in California for allegedly violating the Song-Beverly Credit Card Act