Attorney John Clarence Kirkland's Legal Cases

Banking

Kabayan v. Sanwa Bank California, 190 B.R. 389 (C.D.Cal. 1995)

Dec 08, 1995

OUTCOME: Summary judgment affirmed.

Party that entered into joint venture agreement with Chapter 7 debtors sued debtors and construction lender seeking determination that its claim against debtors was nondischargeable and seeking imposit ... ion of equitable lien with priority over lender's recorded interest in real property. The Bankruptcy Court granted summary judgment for bank. Joint venturer appealed. The District Court, Paez, J., held that joint venturer failed to meet its burden to prove either actual notice or inquiry notice on part of construction lender with respect to joint venturer's prior unrecorded interest in property, and thus, lender was bona fide purchaser without notice and its interest was superior to any prior equitable interest of joint venturer.

Life sciences and biotechnology

American Psychometric Consultants, Inc. v. WCAB, 36 Cal.App.4th 1626 (1995)

Jul 21, 1995

OUTCOME: Orders annulled.

In three separate proceedings, employers/carriers sought restitution, on grounds of alleged fraud, of medical-legal fees they had paid in workers' compensation cases to medical lien claimants more than ... two years earlier after negotiation and without protest. In each proceeding, the Workers' Compensation Appeals Board, issued order granting request. Medical lien claimants appealed, and appeals were consolidated. The Court of Appeal held that: (1) retroactive application would be given to amendments precluding liability on the part of employers/carriers for medical-legal evaluations performed prior to time that claim for workers' compensation benefits was in dispute, and providing for early protest as requirement for subsequent recovery of medical-legal expenses paid to medical providers; (2) statute providing that employer/carrier was required to protest medical-legal billing within 60 days of receipt had no application in its entirety, since medical provider failed to comply with contested claim rule; (3) retroactive application would be given to amendment providing for prompt payment by employer of medical-legal expenses in workers' compensation cases, and for procedure for reimbursement of unreasonable charges, since amendment was nonsubstantive; and (4) employers/carriers were not entitled, under equitable doctrine of restitution, to reimbursement of fees.

Banking

MDFC Loan Corp. v. Greenbrier Plaza Partners, 21 Cal.App.4th 1045 (1994)

Jan 13, 1994

OUTCOME: Reversed and remanded.

Following nonjudicial foreclosure sale pursuant to trustee's deed, receiver who held rent proceeds by stipulation of parties moved to terminate receivership. The Superior Court terminated receivership ... and ordered rents from property disbursed to borrower. Lender appealed. The Court of Appeal held that: (1) trust deed securing loan contained absolute assignment of rents, and thus, lender was entitled to rents received following default by borrower; (2) transfer of rents to lender did not constitute “deficiency judgment” prohibited by Civil Code following nonjudicial foreclosure sale; and (3) lender did not make full credit bid for property at nonjudicial foreclosure sale so as to be barred from recovering rents.

Banking

In re Marin Town Center, 142 B.R. 374 (N.D.Cal. 1992)

Feb 18, 1992

OUTCOME: Reversed.

The United States Bankruptcy Court for the Northern District of California confirmed Chapter 11 debtor's reorganization plan. Appeal was taken. The District Court held that: (1) creditor's vote on unse ... cured deficiency claim against Chapter 11 plan did not have to be disallowed on bad faith grounds; (2) creditor's appeal from the Bankruptcy Court's denial of its motion for relief from the automatic stay was not rendered moot by creditor's failure to obtain stay pending appeal; (3) stipulation executed by debtor and deed of trust holder subsequently taken over by the Resolution Trust Corporation (RTC) was assignable; and (4) creditor was entitled to relief from the automatic stay.

John Clarence Kirkland's Legal Cases (14)

Kabayan v. Sanwa Bank California, 190 B.R. 389 (C.D.Cal. 1995)

American Psychometric Consultants, Inc. v. WCAB, 36 Cal.App.4th 1626 (1995)

MDFC Loan Corp. v. Greenbrier Plaza Partners, 21 Cal.App.4th 1045 (1994)

In re Marin Town Center, 142 B.R. 374 (N.D.Cal. 1992)