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JANUARY 2016
 
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IN THIS ISSUE
 
Recent Cases
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Upcoming Program of Note
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CommLaw Update

Editors:

Sunna Choi
O'Melveny & Myers LLP
schoi@omm.com

Susan R. Goldfarb
Proskauer Rose LLP sgoldfarb@proskauer.com


 
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Recent Cases
 
This Update focuses on several cases of interest decided by California courts.

Verdugo v. Alliantgroup, L.P.
On May 28, 2015, in Verdugo v. Alliantgroup, L.P., 237 Cal. App. 4th 141 (2015), a case that involved wage and hour claims brought by a California employee against her employer headquartered in Texas, the California Court of Appeal held that, when unwaivable statutory rights are at issue, the party seeking to enforce the forum selection clause has the burden to show that enforcement "will not diminish in any way the substantive rights afforded under California law." In Verdugo, the court was not convinced that a Texas court would apply California law and concluded that the defendant failed to show that enforcement of the Texas forum selection clause and related choice-of-law clause in Verdugo's employment agreement would not diminish Verdugo's unwaivable statutory rights. Therefore, the court held that the forum selection clause was unenforceable as against California public policy.
 
 
Montgomery v. GCFS, Inc.
On June 12, 2015, in Montgomery v. GCFS, Inc., 237 Cal. App. 4th 724 (2015), the California Court of Appeals held that licensed finance lenders are not required to restrict assignments to only institutional investors or licensed finance lenders but can sell or assign loans to non-licensed persons. For a discussion of the case, see the linked article "California Court of Appeal Clarifies Lender's Right to Assign Loans to Non-Licensed Lenders" by Thomas McCurnin of Barton, Klugman & Oetting.
 
Sierra Managed Asset Plan, LLC v. David C. Hale
On August 20, 2015, in Sierra Managed Asset Plan, LLC v. David C. Hale (Ventura County Superior Court Case Number 56-2013-00443856-CL-CL-VTA —certified for publication), the Ventura County Superior Court, Appellate Division held that the testimony of the custodian of records of the assignee of a credit card account was insufficient to overcome a hearsay objection to the admission of records from the assigning credit card issuer offered to establish liability and the amount owed on the account. For a discussion of the case, see the linked article by Albert J. Tumpson of the Law Offices of Albert J. Tumpson.
 
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Upcoming Program of Note
 
When a Credit Agreement No Longer Works: Documenting Amendments, Consents, Waivers, and Forbearance Agreements
Thursday, January 14, 2016
Presented by: The Commercial Law and Bankruptcy Section

Registration and Lunch: 11:30 am—12:00 pm
Program: 12:00—1:00 pm
Los Angeles County Bar Association, 1055 West 7th Street, 27th Floor, Los Angeles, CA 90017
Speakers: Anne M. Petersen, Paul Hastings LLP and Scott H. Siegel, Levinson Arshonsky & Kurtz
1 Hour General CLE Credit
Click here for more information

 

Please provide any comments or proposed content to Sunna Choi (schoi@omm.com) or Susan R. Goldfarb (sgoldfarb@proskauer.com)


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