- In This Issue -




An e-Publication of the Los Angeles County Bar Association
May 2011 • Archives of Past Issues
Visit the Remedies Section web page

Message from the Chair

The Remedies Sections thanks all of you for making all of our programs so far this year resounding successes. They all were well attended (our Breakfast with the Experts program on April 6 was standing room only), and we received very positive feedback from not only members of our Section, but also from other lawyers who attended. To those lawyers who are not members of the Remedies section, please join for more great programs and benefits of membership!

On Tuesday, May 17, we will present our final program for the season: "Nuts and Bolts: Pre-Judgment Remedies." Please join us at 5:30 p.m. at the University of West Los Angeles, 9800 S. La Cienega Boulevard (La Cienega and Century Boulevards) for what always is an extremely well-attended and instructive program in these important remedies. There have been some new changes in the downtown courthouse departments in which these matters are heard, so this program is doubly important.

The listserve inquiry service continues to be a great success. Invariably, someone always knows the answers to questions that are relevant to unusual Remedies situations or procedures, or can refer someone looking for referrals in other states or specialized investigators. We welcome your continued use of this forum.

Remember!

WRITS OF ATTACHMENT—WRITS OF EXECUTION—WRITS OF POSSESSION— INJUNCTIONS—COLLECTION OF JUDGMENTS, ETC.

ALL OF THESE ARE LEGAL REMEDIES


If your practice includes civil litigation and you are seeking writs of attachment, writs of possession, receiverships, injunctions, foreclosing on collateral; if you are dealing with UCC liens; and if you deal with post-judgment collection issues such as judgment debtor examinations, post-judgment liens, post-judgment discovery, sheriff levies, etc., it is likely that you are a Remedies attorney. Securing a judgment and collecting a judgment are two of the most critical aspects of a lawsuit and without these remedies a win for your client may still be a hollow victory.

Kind regards,

Alan J. Cohen
acohen@cohenlawla.com

Mark Your Calendars

Nuts and Bolts: Prejudgment Remedies

Topics include how to preserve assets with writs of attachment and possession, injunctions, and receiverships to enable your clients to satisfy their judgments on judgment day!

Speakers:
Mel Aranoff, Horgan Rosen Beckham Coren LLP
Edythe L. Bronston, Law Offices of Edythe L. Bronston
Alan J. Cohen, Law Offices of Alan J. Cohen
Susan L. Vaage, Graham Vaage LLP

Location:
University of West Los Angeles
9800 S. La Cienega Blvd.
Inglewood,, CA 90301
Room: 12th Floor

To register for this event, please click HERE.

Cases of Interest

-Business and Corporations Law-
Proper method for determining whether the sole shareholder of a corporate employer is liable for the wrongdoing of the corporation is by the application of an alter ego theory. A determination that a person is thealter ego of a corporation does not make the alter ego an employer. Complaint did not contain sufficient factual allegations to inform defendant that plaintiffs were seeking relief on the basis of alter ego liability; it neither specifically alleged alter ego liability nor alleged facts showing a unity of interest and inequitable result from treatment of the corporation as the sole actor, and contained no allegationsthat shareholder should be held liable for corporation's wrongdoing.
Leek v. Cooper - filed April 15, 2011, Third District
Cite as 2011 S.O.S. 1914
Full text

-Civil Procedure-
The apparent insolvency of a party to an arbitration agreement, or other evidence showing that the party is experiencing severe financial difficulties, is sufficient to demonstrate the potential ineffectual reliefof an arbitration award. Standards for irreparable harm set forth in Code of Civil Procedure Sec. 485.010 provide guidance to trial courts on the issue of ineffectual relief under Sec. 1281.8.
California Retail Portfolio Fund GMBH & Co. KG v. Hopkins Real Estate Group - filed March 22, 2011, Second District, Div. Eight
Cite as B224000
Full text

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Los Angeles County Bar Association
2010-2011: Remedies Section
 
REMEDIES SECTION NEWSLETTER
A. David Youssefyeh, Editor

SECTION OFFICERS
Chair
Alan J. Cohen

Vice-Chair
Richard P. Ormond

Treasurer
Miguel Hernandez

Secretary
Afshin David Youssefyeh

Immediate Past-Chair
David L. Ray

Section Administrator
Erica Leon

EXECUTIVE COMMITTEE MEMBERS

Mel Aranoff
Marshall J. August
Michael C. Baum
Jerome J. Blum
Edythe L. Bronston
Peter A. Davidson
Louis E. Kempinsky
Benjamin R. King

Steven N. Kurtz
Alexander Litvak
Mitchell B. Ludwig
Russell H. Rapoport
Mark L. Share
Commr. Matthew C. St. George Jr.
Susan L. Vaage
Jason D. Wallach