Brought to you by the Los Angeles County Bar Association's Remedies Section
March 2011

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Mark Your Calendars:

Please mark your calendar for our upcoming events!

Breakfast With the Experts: Injunctions, Receiverships, and Attachment -- April 6, 2011 -- Learn what the judges and commissioners in the prejudgment remedies departments (85, 86, 12, and 1A) of the Los Angeles Superior Court Central District expect of practitioners regarding injunctions, writs of attachment and possession, and receiverships. You will have the opportunity to ask direct questions of the judicial officers and meet the successor to Judge Yaffe, the Hon. Ann I. Jones.

Pre-Judgment Remedies -- May 17, 2011 -- West Los Angeles Law School - 6:00 p.m.

For more information or to sign up for an event:

http://www.lacba.org/remedies

Have ideas for remedies programs? Please let us know! The executive committee always is interested in presenting programs of current interest to our members and welcomes your ideas.

Article of Interest:

Lender Perils and Pitfalls: How to Effectively Use Receivers to Manage Foreclosed UponProperties in the Current Market

New Law:

New Requirement for Writ of Execution and Writ of Possession or Sale: Effective January 1, 2011: writs of execution and writs of possession or sale must include a statement indication whether the case is limited civil or unlimited civil. The designation of "limited" or "unlimited" may be added in the case number field of the writ of execution or writ of possession or sale. The designation for small claims actions should be "limited".

This requirement is a result of the passage of Assembly Bill 2394 (CH. 680) which includes amendments to Code of Civil Procedure sections 699.520 and 712.020

Cases of Interest:

A creditor's action to hold an individual liable as an alter ego for creditor's substantive causes of action against a bankrupt corporation was not the property of the bankruptcy estate.
Shaoxing County Huayue Import & Export v. Bhaumik - filed January 18, 2011 (2011 S.O.S. 315)

A plaintiff who obtains a default judgment by written declaration is not entitled to seek statutory attorney's fees by means of a postjudgment motion. Such a plaintiff may recover statutory attorney's fees only if a request for those fees is included in the request for default judgment.
Garcia v. Politis- filed February 25, 2011 (B224453)