Recognizing that an attorney "may not do anything which will injuriously affect former client in any matter in which [the attorney] formerly represented [the client]"
Holding that, while MERS did not have “its own right to assign the note, since it had no interest in the note to assign,” it had the power to assign the note as the lender's “nominee” or “agent”
Holding that a plaintiff has no right to sue to contest the foreclosing beneficiary's authority to initiate or conduct a nonjudicial foreclosure because California's framework does not permit "a court action to determine whether the owner of the Note has authorized its nominee to initiate the foreclosure process" as "recognition of the right to [do so] would fundamentally undermine the nonjudicial nature of the process
Holding that statements by the defendant about the working conditions of its overseas employees were not protected by the First Amendment and could give rise to a claim for fraudulent business practices under the UCL
Holding that an assignment of a loan into a securitized trust that was allegedly forged or untimely was merely voidable and, therefore, the borrower lacked standing to challenge its validity
Finding that supervisory personnel could be vicariously liable and noting that "public school personnel may be individually liable for their negligent failure to protect students from harm at others' hands"
14 Cal.App.4th 612 (Cal. Ct. App. 1993) Cited 386 times
Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."