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Filing an adversary complaint in bankruptcy court for Securities Fraud

An adversary proceeding is a lawsuit filed separate from but related to a bankruptcy case. Such an action can be based on the various types of claims found in 11 U.S.C. § 523, including securities fraud. Currently, there is a split of authority (based on the statutory framework of 11 U.S.C. § 523) on whether a creditor must first obtain a finding outside of the bankruptcy court or enter into a settlement agreement with the debtor, before the creditor may file an adversary complaint based on securities fraud. This article will address the split of authority and will advocate for finding that the creditor must first obtain a finding or enter into a settlement agreement, before filing the adversary complaint.

California's nursing home abuse laws

Nursing homes (also known rehabilitation homes or convalescent homes) are a type of care facility. They provide around-the-clock nursing care. A person (often an elderly person) sometimes must be placed into such a facility, after having surgery or following an illness or injury, so that he or she can be provided with the necessary treatment or therapy to recover.

California's litigation privilege (Civil Code, Sec. 47, subd. (b))

California's litigation privilege (codified at Civil Code, section 47, subdivision(b)) gives a person absolute immunity (i.e., a complete defense) from liability for any "publication or broadcast" made as part of a "judicial proceeding." It applies (and is a complete defense) to any such communication that the person has made in a judicial or quasi-judicial proceeding (as a litigant or witness), or other participants authorized by law, to achieve the objects of the litigation. (Civ. Code, §47, subd. (b).) The privilege covers communications that have some connection or logical relation to a lawsuit. (Silberg v. Anderson (1990) 50 Cal.3d 205, 212 (Silberg).) Thus, the privilege covers communications made "to achieve the objects of the litigation, even though the publication is made outside the courtroom," including communications having only some relation to a lawsuit. (Silberg, supra, 50 Cal.3d at p. 212.) Moreover, the privilege is absolute in nature, applying "'to all publications, irrespective of their maliciousness.'" (Action Apartment Assn., Inc. v. City of Santa Monica (2007) 41 Cal.4th 1232, 1241 (Action Apartment).)

California's dog bite laws

Generally, California has three different sets of civil laws concerning dog bite cases. First, California's legislative branch has enacted Civil Code, section 3342, which makes the owner of a dog (who has bitten a person) liable if certain conditions are met. Second, the judiciary has established what is known as the dangerous propensity standard. And, third, the general negligence laws (which make people liable when their negligence causes harm) is a source of law from which the injured can seek damages for being injured. This blog will discuss the these difference sources of law for dog bite cases. 

Why you should not file a judgment roll appeal

The California Rules of Court allow an appellant (i.e., the person appealing the judgment or order) to appeal on what is known as a judgment roll; however, doing so would be a big mistake, because, although the costs of a judgment roll appeal are less, the standard for prevailing on a judgment roll appeal is very difficult. For this reason, filing a judgment roll appeal is strongly discouraged. At Kashfian & Kashfian, LLP, we have experience with filing appeals, and as your counselor, we will fight vigorously on your behalf. Contact our offices to learn more about the services that we provide.

How to assert and defend against a prejudgment writ of attachment

Sometimes, creditors are not satisfied with merely filing a lawsuit and waiting until the end of trial (and after post-judgment motions are completed) to obtain assets to satisfy the judgement. Instead, some creditors seek more rapid, immediate relief, by filing what is called a prejudgment writ of attachment motion, which allows them to attach property that the defendant owns even before the debtor has answered the lawsuit. Legally speaking, an attachment is a prejudgment remedy (before trial) providing for the seizure of one or more of the defendant's (or cross-defendant's) assets to aid in the collection of a money demand pending the outcome of the trial of the action. (Whitehouse v. Six Corp. (1995) 40 Cal.App.4th 527, 533.) This article will address the legal issues surrounding a prejudgment writ of attachment, its nuances, how to assert a prejudgment writ of attachment, and how to defend against one. At Kashfian & Kashfian, LLP, we have experience with filing and opposing prejudgment writ of attachment motions, and as your counselor, we will fight vigorously on your behalf. Contact our offices to learn more about the services that we provide.

Is the covenant recorded against my property binding on me as a successor in interest?

So, you purchased a property or are thinking about purchasing a property with a covenant (or a deed restriction) recorded against the property, and you want to determine whether the covenant is or would be binding on you as the new owner (legally, termed "a successor in interest"). The answer depends on how the covenant (or the deed restriction) was written, because "whether a covenant binds successors of a party to it" is a "question[] of contractual intent." (Harrison v. Domergue (1969) 274 Cal.App.2d 19, 22 (Harrison) [emphasis added].) This article will provide some guidance on how to make that determination, but, ultimately, you should consult a lawyer. At Kashfian & Kashfian, LLP, we have experience in defending actions seeking to enforce restrictive covenants, including having such covenants declared unenforceable, (see Case Results), and as your counselor, we will fight vigorously on your behalf. Contact our offices to learn more about the services that we provide.

Compelling an incident report

After an accident, most companies have their employees produce an incident report detailing the accident. The incident report includes very important information that could make your case easier to prove. Sometimes, the company has their employees not only detail the facts of the accident but also whether the accident was preventable. The incident report often provides an unbiased assessment of the accident from an employee who has direct access to firsthand information, sometimes as it is unfolding. It goes without saying that a prudent litigator will identify the incident report and seek its production either voluntarily from the company or through court action.

How does the 'Fair Use Law' affect your written works?

After spending any amount of time in the entertainment industry, you more than likely took steps to protect your written works. You copyright your materials in order to protect them from someone else using them without your permission or without providing you with appropriate compensation.

Do you know where your property line is? Does your neighbor?

When you purchased your home, you probably received a deed outlining the boundaries of your property. Perhaps you even had a survey done as part of the transaction in order to ensure that the title records were complete and correct. Having these documents and understanding what that means when you look outside may be two different things, however.

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