Ericksen Arbuthnot Secures Appellate Affirmance of Order Sustaining Demurrer Without Leave to Amend Based on Plaintiff's Lack of Standing in Malpractice Action Against Title Company
On April 28, 2016 the California Court of Appeal for the First Appellate District issued an unpublished decision affirming an order sustaining without leave to amend a demurrer we brought on behalf of our title company client.
First District Court of Appeal Invalidates C.C.P. § 998 Offer Conditioned on Execution of an Undisclosed Settlement Agreement
The case, Sanford v. Rasnick (2016 DJDAR 3975) further limits a defendant's ability to make a 998 Offer that includes non-monetary terms and resolves claims outside the scope of a plaintiff's complaint.
High Court Holds Defaulted Homeowners Have Standing to Sue for Wrongful Foreclosure … to a Point
The California Supreme Court just gave defaulted homeowners a new tool to challenge foreclosures. On February 18, 2016 the Court in Yvanova v. New Century Mortgage Corporation ruled that a defaulted homeowner could sue a lender for foreclosing on their home on the grounds that its assignment or deed of trust was void.
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