| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-697
|
Lambert v. City and County of San Francisco
Order |
|
Mar. 27, 2000 | ||
|
99-1212
|
La Rouche v. Fowler
Order |
|
Mar. 27, 2000 | ||
|
97-16032
|
Anderson v. Ganis Credit Corp. (In re Weilert R.V. Inc.)
Preferential payments fall within "ordinary course of business" exception only if relevant industry would consider payment made according to ordinary business terms. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
98-13709
|
Dent Wizard International Corp. v. Timmell (In re Timmell)
Where there is no proof of intent to defraud, revocation of discharge is not justified. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
98-57226
|
In re Ioane
Court cannot lift automatic stay because debtor's case was previously dismissed. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
99-14488
|
In re Khoe
Government does not violate discharge injunction where tax liability was not discharged by prior bankruptcy case. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
99-10487
|
Swinney v. Perton (In re Perton)
Novation is not created where there is neither new consideration or express language extinguishing all prior claims. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
99-12708
|
In re Vernon
Temporary absence from declared homestead does not constitute abandonment of homestead or terminate right to claim exemption. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
97-13496
|
In re Weeks
Nondischargeable debts are not subject to discharge injunction. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
97-11644
|
In re Young
Compromise is fair and reasonable where it avoids significant expenditure of estate assets and risk of having claim allowed in higher amount. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
94-31674
|
In re Westar Paving Inc.
Where case is converted after 1994 amendments to Bankruptcy Code Section 326(a), pre-1994 fee formula determines maximum compensation payable to trustee. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
99-692
|
Malone v. Norwest Financial California Inc.
Where there is private cause of action and right to jury trial, referral to bankruptcy court is not appropriate. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
99-55022
|
Fernandez v. GE Capital Mortgage Services Inc. (IN re Fernandez)
Debtor's bankruptcy case is properly dismissed where he fails to establish excusable neglect. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
98-35491
|
McClure v. Northwest Education Loan Association (In re McClure)
Appeals court cannot entertain issue where it was not reviewed by Bankruptcy Appellate Panel, nor affected by the appellate panel's judgment. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
98-56046
|
Kaura v. Amato (In re Kaura)
Debtor is entitled to discharge, despite failing to disclose assets. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
98-35553
|
Lurie v. Blackwell
District court properly relied on Barton doctrine in dismissing action for lack of subject matter jurisdiction. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
98-35877
|
Lurie v. Blackwell
District court properly dismissed case for lack of subject matter jurisdiction. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
98-56653
|
San Paolo U.S. Holding Co. Inc. v. Neilson (In re McNall)
Trustee's avoidance action cannot be defeated where there is no evidence that fraudulently conveyed funds were taken in good faith. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
98-36078
|
Wyatt v. Kaufman (In re Wyatt)
Appeal dismissed for lack of jurisdiction where district court decision is not final appealable decision. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
98-17121
|
Knauss v. Ancell (In re Knauss)
Appeal is properly dismissed without finding bankruptcy court contempt order moot. |
Bankruptcy |
|
Mar. 24, 2000 | |
|
S085565
|
State Farm Mutual Automobile Insurance Co. v. Quackenbush
Order |
|
Mar. 23, 2000 | ||
|
S084959
|
Mac v. Bank of America
Order |
|
Mar. 23, 2000 | ||
|
S085361
|
McGill v. M.J. Brock & Sons Inc.
Misrepresentation action not barred by statute of limitations when defendant fails to demonstrate that plaintiffs were on inquiry notice of neighborhood changes. |
Torts |
|
Mar. 23, 2000 | |
|
99-2423
|
Lett v. Paymentech Inc.
Labor Code Sections 2751 and 2752 are unconstitutional as applied to businesses lacking a fixed and permanent place of business in California. |
Labor Law |
|
Mar. 23, 2000 | |
|
S085021
|
Hovanec v. Van Nuys Airport Corp.
Restaurant worker alleging unlawful discrimination is denied relief for failure to file timely claim. |
Employment Law |
|
Mar. 23, 2000 | |
|
S085145
|
In re Bobby Paiste Herrera on Habeas Corpus
Order |
|
Mar. 23, 2000 | ||
|
S085679
|
Novak v. Low Ball & Lynch
Order |
|
Mar. 23, 2000 | ||
|
S085832
|
Gelini v. Tishgart
Order |
|
Mar. 23, 2000 | ||
|
98CA1209
|
Sky Fun 1, Inc. v. Schuttloffel
Pilot may bring defamation claim against former employer for statements made to prospective new employer. |
Torts |
|
Mar. 22, 2000 | |
|
98CA1104
|
People v. Wood
Department of Corrections may place Colorado prisoners in county jails outside Colorado. |
Criminal Law and Procedure |
|
Mar. 22, 2000 |