This is a copy of the indictment issued by the Grand Jury against John Farrahi and David Tamman concerning 16 counts of Federal criminal securities violations.
Posted by on
3.19.13
in
Criminal Law.
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In January 2010, the Securities and Exchange Commission (SEC) filed this civil complaint for violation of securities laws against the Newport Financial Services, Inc. and its principals.
Posted by on
3.20.13
in
Business - Corporate Law.
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Plaintiff purchase a used vehicle and financed it through American Honda Finance Corporation. In the back of the financing agreement the contract contained an arbitration clause. The California Court of Appeal for the First District held: "Because the arbitration agreement was imposed on [Plaintiff] without the opportunity for negotiation, and was therefore adhesive, we agree the transaction was procedurally unconscionable."
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Trial court entered $8M judgment against defendants. Plaintiffs sought financial records from defendants, and when they refused, brought motion before trial court. Trial court ordered defendants to produce records. Defendants appealed without complying with the trial court order. Court of appeal dismissed the appeal under the "disentitlement doctrine": An appellate court has the inherent power, to dismiss an appeal by a party that refuses to comply with a lower court order. See, e.g., Moffat v. Moffat (1980) 27 Cal.3d 645, 652.
Posted by on
4.5.13
in
Litigation - Appellate.
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Two businesses entered an agreement. P sued D in the Superior Court of San Diego County, and D brought motion for transfer of venue to Orange County, based on the provision of the agreement's venue selection clause. P challenged this transfer of venue. The California Court of Appeal held that venue selection clauses will be upheld for contracts between sophisticated business entities.
Posted by on
4.11.13
in
Litigation - Law & Motion.
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Defendant applied for business license with the City of Monterey, California, but did not disclose the business would be dispensing medical marijuana. City ordinance prohibited dispensing medical marijuana, so city tried to close the business as a public nuisance. Court of Appeal held: Operating a marijuana dispensary under the pre-moratorium City Code constituted a public nuisance per se.
Posted by on
4.29.13
in
Real Estate.
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Our office represented the Bankruptcy Trustee of the estate of Siu Ling Li, concerning fraudulent transfers of assets from the debtor's estate. Here is a judgment entered against the Debtor's son for fraudulent transfer of $20,000 pre-bankruptcy petition.
Posted by on
4.29.13
in
Bankruptcy.
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In this recent decision, Case number S198638, the California Supreme Court held that the California‘s medical marijuana statutes do not preempt a local ordinance ban on facilities that distribute medical marijuana.
Posted by on
5.6.13
in
Real Estate.
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Plaintiff had placed the only bid at the nonjudicial foreclosure auction and auctioneer announced property sold to Plaintiff. Plaintiff made cashier's check payment. Two days later Plaintiff was informed the sale was void. Plaintiff brought quiet title action against Trustee to receive title of property sold in nonjudicial foreclosure sale. California Supreme Court held: Trustee has discretion to void the sale prior to issuing deed, because the wrong opening bid had been communicated to auctioneer, and this amount was less than 10% of the actual amount of debt.
Posted by on
5.19.13
in
Real Estate.
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This is a copy of our client's answer in the Class Action pending before the Orange County Superior Court.
Posted by on
5.19.13
in
Litigation - Class Action.
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