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A Judgment against A Trust Is Unenforceable

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The recent decision of Portico Management Group, LLC v. Harrison __ Cal.App.4th __ (2011) held that a trust is neither a person nor an entity. As such, a trust cannot sue or be sued. And a judgment against a trust is unenforceable because a judgment debtor is defined as a “person” against whom a judgment… Continue Reading

When A Court Grants an Injunction on the Merits No Undertaking Is Required

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The Court in Bardasian v. Superior Court 201 Cal.App.4th 1371 (2011) issued a peremptory writ and reversed an order dissolving an injunction because plaintiffs failed to post a bond. The case involved a foreclosure dispute between borrowers and their lender over whether the lender complied with Civil Code section 2923.5, subd. (a). Pursuant to that section, a… Continue Reading

He Who Hesitates, May be Too Late!

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 In Trident Labs, Inc. v. Merrill Lynch Commercial Finance Corp., the Court of Appeal held that a party, who has the option to litigate in more than one forum and litigates extensively in one forum, cannot then decide to enforce its rights to litigate in another forum. Pursuant to a forum selection clause, Trident Labs agreed… Continue Reading

What To Do When You Are Sued!

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When you are sued, you should react just as a battleship when it comes under attack because you are under attack. Alarm bells should go off and you should immediately act to prevent or contain damage. The following actions will help protect you after you have been sued: Contact Your Insurance Company. Review all of… Continue Reading