Case Summaries
Bankruptcy Law
Construction
Property Law & Real Estate
Bankruptcy Law
[09/04]
Burkhart v. Coleman
In an action to quiet title, rulings that federal bankruptcy law does not preempt California protection of bona fide purchasers and that unauthorized post-bankruptcy sale of real property causes title to rest with the purchaser, not the bankruptcy estate, are affirmed where: 1) the bankruptcy estate failed to record title in the property; and 2) a bona fide purchaser bought and recorded title in the property.
[09/04]
Milavetz, Gallop & Milavetz v. US
In a case challenging application of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), summary judgment for plaintiff is affirmed in part and reversed in part where: 1) attorneys providing bankruptcy assistance are "debt relief agencies" under the BAPCPA, 11 U.S.C. section 526(a)(4) is unconstitutional as applied to these attorneys; but 2) sections 528(a)(4) and (b)(2) are constitutional.
[09/02]
Freeland . Enodis Corp.
In multiple appeals arising out of bankruptcy proceedings, plaintiff trustee can avoid transfers from Consolidated to defendant between 1989 and 1995 as fraudulent transfers, but the matter is remanded for further findings on the issue of Consolidated's solvency after 1995. Grant of summary judgment for trustee on sections 547 and 548 claims are reversed. With respect to the trustee's cross-appeal, the matter is remanded for further findings on the trustee's alter ego/veil piercing claims.
[08/29]
In the Matter of: SI Restructuring, Inc.
In a bankruptcy case, a bankruptcy court's order granting a plan administrator's motion authorizing disbursal of a reserve fund is vacated and remanded where the reserve fund was expressly negotiated by debtor and creditors for the purposes of satisfying debtors' allowed secured claims, and the amount of those claims was still subject to litigation.
[08/29]
PW Enterprises v. North Dakota Racing Commission
In a bankruptcy matter, denial of appellant's motion for derivative standing is reversed and remanded where: 1) creditor (or creditor's committee) may obtain derivative standing to pursue avoidance actions under circumstances in which the trustee (or debtor-in-possession) either unjustifiably refuses to bring the creditor's proposed claims or consents to the creditor pursuing such claims in his stead; and 2) the bankruptcy courts may retroactively grant a creditor derivative standing.
More...
Construction
[09/05]
Oglala Sioux Tribe v. C & W Enters.
In a construction contract dispute involving a federally recognized Native American tribe, an order enjoining a South Dakota state court from confirming an arbitration award against the Oglala Sioux Tribe for lack of subject matter jurisdiction is vacated and remanded where: 1) three of the four contracts subject of the arbitration contained explicit waivers of the tribe's sovereign immunity; and 2) the tribe waived sovereign immunity as to the fourth contract by agreeing to include it in the same arbitration.
[09/05]
Great W. Drywall, Inc. v. Roel Constr., Inc.
In a claim arising from a construction subcontract in which plaintiff challenged the sufficiency of evidence to support certain items of damage that the court awarded to defendant, court's amended award judgment is affirmed in part and reversed in part where: 1) defendant's notice of appeal was timely; 2) because defendant's award exceeds plaintiff's award, even after the adjustment to defendant's award for cleanup contribution, plaintiff may not recover any prejudgment interest; 3) defendant did not meets its burden of showing an intentional relinquishment of a known right; 4) the court erred by awarding defendant a $26,287 backcharge "for cleanup contribution"; 5) awards for drywall painting and replacement of glass panels were sufficiently supported by the evidence; and 6) plaintiff is not entitled to any penalty interest.
[09/04]
Schaffter v. Creative Capital Leasing Group
In a contract claim related to a real estate transaction, judgment in favor of plaintiffs is affirmed over claims of error that: 1) the court erred by finding defendant defaulted under various agreements with third parties to purchase condominiums, thereby triggering its responsibility under a Buyer Broker Compensation Contract to pay it commissions; 2) there was no default because the developers pursued no damages against defendant and opted to cancel the agreements; 3) the Buyer Broker Contract and identical contract with plaintiff's assignor are void because they did not contain a date certain for their termination; and 4) assignment of rights to commissions is void because it was made prematurely.
[09/03]
Padilla v. Pomona College
In an action for personal injury and premises liability arising from a worksite injury during the remodel of a dormitory at defendant Pomona College, grant of summary judgment in favor of defendants is affirmed over claims of error that: 1) defendants had delegated the task of making the worksite safe to others, and that they did not exercise any retained control in a manner that affirmatively contributed to plaintiff's injuries; 2) California Occupational Safety and Health Act of 1973 (Cal-OSHA) regulations did not establish defendants' negligence per se or impose a non-delegable duty on defendants; and 3) that plaintiff's expert testimony lacked foundation.
[08/27]
Byrd v. Dressel
In an action brought by a group of homeowners and community organizations seeking declaratory and injunctive relief against a city, employees, and developers who remodel and convert private homes into student residences, a judgment against plaintiffs is affirmed where: 1) case precedent does not categorically preclude due process challenges to impermissible governmental action that deprives a person of real property; 2) however, under ordinary Due Process Clause jurisprudence, plaintiff failed to state a claim, notwithstanding its understandable concerns about the aesthetics and ambiance of the neighborhood; and 3) claims under the National Historic Preservation Act (NHPA) and defendant-city's municipal code also failed.
More...
Property Law & Real Estate
[09/05]
Mission Shores Ass'n v. Pheil
Grant of petition which reduced the percentage of affirmative votes required to amend the Declaration of Covenants, Conditions, and Restrictions (CCR) is affirmed over claims that the trial court erred in finding that: 1) the amendment was reasonable; 2) the balloting conformed to the CCR; and 3) there was no impairment to the security interest of mortgages.
[09/05]
Miner v. Clinton County
In cases alleging violations of due process and equal protection stemming from defendant county's foreclosure of plaintiffs' properties as a result of unpaid property taxes, grant of summary judgment for defendants is affirmed where: 1) due process does not require actual notice of foreclosure; 2) defendants' actions were reasonably calculated under the circumstances to provide notice of foreclosure; 3) plaintiffs were not entitled to additional notice of default judgment where the previous notice of foreclosure met the requirements of due process; 4) defendants did not violate plaintiffs' rights to due process and equal protection of the laws by refusing to accept redemption after default judgment was entered or refusing to grant plaintiffs a share in the surplus from a tax sale; and 5) there is no merit in plaintiffs' claim that reasonable restrictions on the method of payment of long overdue taxes, such as requiring payment by cash, money order, or certified check, violate due process.
[09/04]
Kingman Reef v. US
In an action to quiet title, dismissal for lack of subject matter jurisdiction is affirmed where: 1) the Quiet Title Act's statute of limitations had run in the more than twelve years since plaintiff's predecessor in interest knew or should have known of the government's claim to possession of the land; and 2) the government did not clearly and unequivocally abandon its interest.
[09/04]
Burkhart v. Coleman
In an action to quiet title, rulings that federal bankruptcy law does not preempt California protection of bona fide purchasers and that unauthorized post-bankruptcy sale of real property causes title to rest with the purchaser, not the bankruptcy estate, are affirmed where: 1) the bankruptcy estate failed to record title in the property; and 2) a bona fide purchaser bought and recorded title in the property.
[09/04]
Schaffter v. Creative Capital Leasing Group
In a contract claim related to a real estate transaction, judgment in favor of plaintiffs is affirmed over claims of error that: 1) the court erred by finding defendant defaulted under various agreements with third parties to purchase condominiums, thereby triggering its responsibility under a Buyer Broker Compensation Contract to pay it commissions; 2) there was no default because the developers pursued no damages against defendant and opted to cancel the agreements; 3) the Buyer Broker Contract and identical contract with plaintiff's assignor are void because they did not contain a date certain for their termination; and 4) assignment of rights to commissions is void because it was made prematurely.
More...
|
