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Charles v. Lundgren & Associates P.C.
Fair Debt Collection Practices Act governs third-party debt collector's efforts to recover on dishonored check.
Business Law Jun. 18, 1999
Day v. AT&T Corp.
Action to enjoin unfair advertising practices involving prepaid phone cards isn't pre-empted by federal law.
Business Law Jun. 16, 1999
Murillo v. Fleetwood Enterprises Inc.
Prevailing defendant in action under Song-Beverly Act may recover costs and expert witness fees.
Business Law Jun. 16, 1999
Bank of America v. Lallana
Bank's failure to provide car owner with proper notice of repossessed vehicle's sale precludes deficiency judgment.
Business Law Jun. 16, 1999
Tokyo Kogyo Boeki Shokai v. United States National Bank of Oregon
Uniform Commercial Code provision allows subrogation only on letters of credits issued after Jan. 1, 1998.
Business Law Jun. 15, 1999
Clark v. EZN Inc.
Recovery of deficiency judgment is permitted although foreclosure sale isn't conducted in commercially reasonable manner.
Business Law Jun. 14, 1999
Bank of America v. Lallana
Banks failure to provide car owner with proper notice of repossessed vehicles sale precludes deficiency judgment.
Business Law Jun. 8, 1999
Generale Bank Nederland N.V. v. Eyes of the Beholder LTD
Failure to meet burden of proof resulting in adverse judgment doesn't trigger 'mandatory attorney fault' provision.
Business Law Jun. 6, 1999
Mahon v. Credit Bureau of Placer
Although Fair Debt Collection Practices Act requires that notice of debt validation be sent to debtor, evidence of actual receipt isn't necessary.
Business Law Jun. 3, 1999
Mahon v. Credit Bureau of Placer County Inc.
Although Fair Debt Collection Practices Act requires that notice of debt validation be sent to debtor, evidence of actual receipt isn't necessary.
Business Law Jun. 3, 1999
Blonder v. Cumberland Engineering
Assignee who sells assets subject to security interest still has standing to invalidate that security interest.
Business Law Jun. 3, 1999
Long v. Cuttle Construction Co.
Interest on judgment ceases to run as soon as payment check is delivered.
Business Law May 26, 1999
Gordon v. Hamm
Where lienholder hasn't authorized transfer free of lien, security interest in motor home survives sale.
Business Law May 6, 1999
Notrica v. State Compensation Insurance Fund
Insured may recover tort damages when insurer's bad faith actions result in higher premiums.
Business Law Apr. 21, 1999
Florio v. Lau
Time limit for deficiency judgment following foreclosure sale doesn't apply to mixed collateral creditors.
Business Law Apr. 14, 1999
MLQ Investors LP v. Pacific Quadracasting Inc.
Creditor may perfect security interest in proceeds from sale of debtor's broadcasting license.
Business Law Apr. 2, 1999
PMC Inc. v. Porthole Yachts Ltd.
Under Uniform Commercial Code, cover letter makes acceptance of contract modification proposal conditional.
Business Law Apr. 1, 1999
Bank of America v. Lallana
Creditor selling repossessed vehicle must comply with both Rees-Levering Act and Uniform Commercial Code.
Business Law Mar. 24, 1999
Edward Fineman Co. v. Superior Court (Bank of America NT & SA)
Amendment clarifying existing statute of limitations applies retroactively.
Business Law Mar. 19, 1999
Edward Fineman Company v. Superior Court (Bank of America NT & SA)
Amendment clarifying existing statute of limitations applies retroactively.
Business Law Mar. 11, 1999
Gregg Homes Inc. v. Gregg & Co. Builders Inc.
Claim alleging unfair competition fails where plaintiffs fail to show that the public is likely to be deceived.
Business Law Oct. 16, 1998
Welch v. Credit Adjustment Company Inc.
Order
Business Law Sep. 23, 1998
Fairway Constructors Inc. v. Ahern
Unfair competition claim is pre-empted by copyright law and federal courts have exclusive jurisdiction.
Business Law Aug. 11, 1998
Singsen v. Television Signal Corp.
Violation of franchise ordinance by cable television operator may support unfair business practice claim.
Business Law Jul. 29, 1998
Gifford v. J & A Holdings
Notice of intended sale is defective and postponing escrow closing isn't commercially reasonable statutory cure.
Business Law Jun. 27, 1997