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Dean Thompson Kirby Jr

Dean Kirby’s Legal Cases

8 total

  • USA v. La Jolla Group II, et al.

    Practice Area:
    Foreclosure
    Date:
    Oct 05, 2010
    Outcome:
    Successful - Obtained reversal on 9th Circuit appeal
    Description:
    Represented Countrywide Home Loans in a successful appeal. The Ninth Circuit reversed a US District Court judgment declaring that the purchaser at a foreclosure sale was a bona fide purchaser with rights superior to those of Countrywide. Opinion at 2010 WL 3938095.
  • Kachlon v. Markowtiz

    Practice Area:
    Foreclosure
    Date:
    Nov 17, 2008
    Outcome:
    Successful
    Description:
    Mr. Kirby authored the successful amicus brief on behalf of the United Trustee's Association, a national trade association of foreclosure trustees. Kachlon v. Markowitz was the first case to confirm the existence and scope of privilege for foreclosure trustees under California Civil Code section 47.
  • In re Moi

    Practice Area:
    Debt collection
    Date:
    Jan 29, 2008
    Outcome:
    Successful
    Description:
    Mr. Kirby repressented Asset Acceptance Corporation, which was sued under the Fair Debt Collection Practices Act and California's Rosenthal Act for its alleged actions in filing an objectionable proof of claim in the Bankruptcy Court. The FDCPA claims were withdrawn after Mr. Kirby moved to dismiss them. Mr. Kirby then moved to dismiss the first amended complaint, which sought to hold Asset Acceptance in contempt of court. In a published decision, the Bankruptcy Court dismissed the contempt claim, leaving only a simple objection to the claim.
  • AirTrans, Inc. v. Mead

    Practice Area:
    Commercial real estate
    Date:
    Oct 03, 2005
    Outcome:
    Successful - Judgment Affirmed, Case Dismissed
    Description:
    Samsung and U.S. Logistics were sued in the United States District Court for the Middle District of Tennessee for providing allegedly false information to FBI agents which resulted in a search and seizure of plaintiff's business premises. Mr. Kirby obtained an order of the United States District Court dismissing the lawsuit on the basis of California's law of privileged communications. Mr. Kirby obtained an order of the Sixth Circuit affirming the judgment. Certiorari to the United States Supreme Court was denied.
  • Bank of America v. La Jolla Group II

    Practice Area:
    Foreclosure
    Date:
    May 19, 2005
    Outcome:
    Successful - Judgment Affirmed
    Description:
    Mr. Kirby authored teh successful amicus brief filed by the United Trustee's Association, a nationwide foreclosure industry association. The published decision strengthened the right of lenders and foreclosure trustee's to rescind trustee's sales conducted by mistake.
  • Satten v. Webb

    Practice Area:
    Bankruptcy and debt
    Date:
    Sep 11, 2003
    Outcome:
    Successful - Judgment Reversed
    Description:
    Mr. Kirby represented Dorothy Satten, a judgment creditor in the bankruptcy case of James Keenan. During the bankruptcy case, the Debtor sued Ms. Satten and the bankruptcy trustee in California Superior Court, alleging that they had colluded to defraud the debtor. Mr. Kirby obtained the dismissal of that case, and then on behalf of his client sued the debtor and his attorney for malicious prosecution. The trial judge dismissed the lawsuit on the grounds that it was pre-empted by the Bankruptcy Code. Mr. Kirby obtained a reversal of that dismissal. The case was ultimately settled.
  • McCarther- Morgan v. Asset Acceptance Corp

    Practice Area:
    Debt collection
    Outcome:
    Obtained Dismissal, Sustained On Appeal
    Description:
    Obtained dismissal of Fair Debt Collection Practices Act lawsuit filed against a consumer debt buyer. Successfully defended on appeal to the Bankruptcy Appellate Panel and the 9th Circuit.
  • Federal National Mortgage Assn. v. Bugna

    Practice Area:
    Foreclosure
    Outcome:
    Successful - Judgment Reversed
    Description:
    Mr. Kirby represented the the owner of income property that was subject to foreclosure by Fannie Mae. In dispute were rents collected by a bankruptcy trustee prior to the installation of a receiver. Mr. Kirby obtained reversal on appeal of the trial court's judgment awarding the pre-receivership rents to Fannie Mae.