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

Message from the Chair

EDUCATION AND DINNER

This year we have many new and exciting programs lined up to cater to the many needs of our members. We will start off the MCLE season with a 2 hour comprehensive MCLE on "all things" real estate from a Remedies perspective. Whether you represent a lender, borrower or other interested party, this is a can't miss event. (And dinner too, how can you not attend?)

OPEN SESSION AND FREE LUNCH

Also, we are going to have our first ever (or first time in a long time) Executive Committee Open Session on November 30 at Noon at the LACBA Headquarters. If you are interested in becoming an Executive Committee member or want to see how we really operate, please come for lunch and join us for the Open Session. Further announcements will be sent, but mark your calendars now.

WE ARE ENTERING THE 21ST CENTURY

Finally, keep an eye out for the ListServe announcements this year. We are trying to take advantage of the technology available to us and post "real time" announcements, developments and issues for our members. Also note our FaceBook page and our website--which is chock full of prior MCLE program links, articles and other helpful information. Please also make sure to "LIKE" us on FaceBook so you can get our updates there too. (And if you don't know what I mean, ask your kids or grandkids.)

RECRUITMENT

Please please please (sung to the Beatles tune of similar name) get your fellow colleagues to join the Remedies Section. If you have new associates at your firm, please encourage them to join too--our MCLEs are truly second to none. (And, no I am not biased.)

Many thanks to all of our members,

Richard P. Ormond
Remedies Section Chair

Shareholder, Buchalter Nemer, P.C.

Mark Your Calendars

January 18 - Dinner Program at LACBA: Real Estate Receiverships, Motions to Enjoin Foreclosure and Other Real Estate Related Remedies

March (Date to be announced): Breakfast with the Experts

May (Date to be announced): Post Judgment Remedies

Cases of Interest

Statutes permitting the use of charging orders to satisfy a judgment from the judgment debtor's interest in a partnership may be applied against a corporation that is a successor to the partnership.
Phillips, Spallas & Angstadt, LLP v. Fotouhi
Full text

Code of Civil Procedure Sec. 187 authorizes a trial court to amend a judgment to add a judgment debtor who is found to be an alter ego of a corporate defendant; plaintiff's failure to allege the alter ego doctrine in the underlying lawsuit does not preclude a motion to amend the judgment. Alter ego doctrine does not require proof of fraud and can be satisfied by evidence that adherence to the fiction of the separate existence of the corporation would promote injustice.
Misik v. D'Arco
Full text

Trial court erred in awarding attorney fees under Code of Civil Procedure Sec. 701.020 to prevailing party that had brought an independent creditor's suit against defendant. Sec. 701.020 does not apply to independent creditor's suits.
Ilshin Investment Co., Ltd. v. Buena Vista Home Entertainment, Inc.
Full text

Inventory items sold by defendant's retail antiques business were not exempt from levy of execution to enforce a money judgment.
Kono v. Meeker
Full text

Trial court did not abuse its discretion in awarding interest based on a finding of inequitable conduct by the judgment debtor in the postjudgment proceedings.
Gunderson v. Wall
Full text

What do you think of the Remedies Newsletter? Please email us your comments and suggestions.

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Los Angeles County Bar Association
2011-2012: Remedies Section
REMEDIES SECTION NEWSLETTER
A. David Youssefyeh, Editor

SECTION OFFICERS
Chair
Richard P. Ormond

Vice-Chair
Miguel Hernandez

Treasurer
Afshin David Youssefyeh

Secretary
Benjamin King

Immediate Past-Chair
Alan J. Cohen

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