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California Appellate Tracker

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Sums received in settlement of borrower’s claims for improper construction are subject to the lien of the deed of trust encumbering the improperly built property and so must be paid to the lender, not the borrower’s bankruptcy trustee.  Read More

An unaccepted Rule 68 offer of judgment for individual injunctive relief and the full amount of statutory damages for the named plaintiff does not moot out a putative class action even when backed by a deposit in court of the statutory damages.  Read More

In context of imposing a cramdown plan in the bankruptcy reorganization of a debtor who had obtained a HUD loan to build an affordable housing project, the bankruptcy court should have valued HUD’s claim as whatever the property would ordinarily be worth absent any restriction for use as affordable housing (even though the debtor ultimately intended to continue with the… Read More

A superior court’s branch with only one sitting judge is still part of a larger court with more than one authorized judge, so the normal rules setting the time for filing a 170.6 challenge apply, not CCP 170.6(a)(2) which sets a special rule for courts authorized to have only one judge.  Read More

Mandate was denied because it was not clear that the contractual forum selection clause applied to the claims plaintiff alleged and because the only harm petitioner would suffer by raising the issue on a normal post-judgment appeal was the cost of the trial proceedings.  Read More

A regulation banning conduct by California state university students that “threatens or endangers the health or safety of any person including intimidation and harassment” is not unconstitutionally overbroad or vague, because the words “threatens or endangers health or safety” give context and meaning to the prohibited “intimidation and harassment.”  Read More

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