Case Summaries
Bankruptcy Law
Landlord Tenant
Bankruptcy Law
[06/23]
In re: Trout
In a bankruptcy trustee's appeal from a decision of the bankruptcy appellate panel affirming the bankruptcy court's determination that, having successfully avoided a preferential vehicle lien under 11 U.S.C. section 547, the trustee was not entitled to a money judgment equal to the value of the avoided liens under section 550(a), the order is affirmed where the bankruptcy estate had been sufficiently returned to its pre-transfer status by avoiding the preferential lien at issue and stepping into the lien priority of the avoided creditor under 11 U.S.C. section 551.
[06/23]
In re McKinney
An appeal by a tax debt owner in Chapter 13 proceedings, arising from the bankruptcy court's denial of its objections to the debtor's proposed plan to pay off the tax debt with interest within five years, is dismissed for lack of jurisdiction as, although the issue that the tax debt owner cares about may have been resolved, its basic dispute with the bankruptcy estate has not been resolved and therefore the judgment of the bankruptcy court is not final.
[06/22]
RLI Ins. Co. v. All Star Transp., Inc.
In an interpleader action by an insurance company to determine its obligations to pay truckers hired by its bankrupt insured under a surety bond, summary judgment for plaintiff-insurer is affirmed where Form BMC 84, which governed such bonds, plainly stated that the face value of the bond was the sum of $10,000 for all claims combined.
[06/22]
In re: Delta Airlines, Inc.
In creditors' appeal from a bankruptcy court's order upholding debtor's objections to their claims under tax indemnification agreements, the order is vacated where: 1) the bankruptcy court's construction of "pay" as that term was used in an agreement at issue nullified debtor's obligation to pay the "Owner Participant" under the agreement upon the occurrence most likely to call its provisions into play the debtor's insolvency; and 2) the bankruptcy court effectively nullified the agreements by stripping them of their ability to protect the Owner Participant in the event of debtor's default.
[06/21]
In re: Wilborn
In an interlocutory appeal from a bankruptcy court's certification of a class action in an adversary proceeding, the order is vacated where a bankruptcy judge may certify a class of debtors under appropriate circumstances but the proposed class in this case did not satisfy the requirements of Federal Rule of Civil Procedure 23 and Federal Bankruptcy Rule of Procedure 7023.
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Landlord Tenant
[06/23]
Rectrix Aerodrome Ctrs., Inc. v. Barnstable Mun. Airport Comm'n
In plaintiff's suit against an airport commission and individual defendants, claiming that it was prevented from competing with defendant in the sale of jet fuel, district court's grant of summary judgment in favor of the defendants is affirmed where: 1) plaintiff's fraud claim fails as plaintiff was a commercial tenant of the airport and, given the self-service standards and lease terms, had no right and no reasonable expectation of being able to sell jet fuel at the airport; 2) the antitrust claim is barred by the state action doctrine given the Massachusetts statute; and 3) plaintiff's equal protection claim under section 1983 fails as no private entity at the airport has the privilege sought by plaintiff.
[06/21]
Thrifty Payless, Inc. v. Mariners Mile Gateway, LLC
In a tenant's suit against the landlord over a lease for new commercial property, trial court's grant of defendant's motion for nonsuit and expert witness fees is affirmed where: 1) trial court's decision granting the nonsuit was proper as a matter of law; and 2) trial court did not err by allowing defendant to recover its expert witness fees pursuant to the lease.
[06/15]
Embassy LLC v. City of Santa Monica
In a petition for writ of mandate and complaint for declaratory relief, seeking an order compelling the City of Santa Monica to permit the removal of petitioners' units from the rental housing market and a declaration that the Ellis Act waiver in the parties' agreement was unenforceable, the denial of the petition is reversed where Government Code section 7060.1 prohibited public entities from enforcing contractual Ellis Act waivers in all circumstances except those specified in the statute. A contract between appellants and respondents-City of Santa Monica and its Rent Control Board (collectively, the City) included appellants' waiver of their Ellis Act rights as to 19 tenant units in their apartment hotel.
[06/14]
Culver Ctr. Ptnrs. East #1, L.P. v. Baja Fresh Westlake Vill., Inc.
In an unlawful detainer action regarding the tenancy of a fast food restaurant in a shopping center, summary judgment for defendant is affirmed where plaintiff-landlord failed to present any evidence that an electronic notice had been delivered to the street address specified in the parties' lease.
[05/10]
Fincher v. S. Bend Heritage Found.
In plaintiff's suit against defendant for denying his application for Section 8 housing in its building, summary judgment for defendant is affirmed where: 1) under Eidson v. Pierce, 745 F.2d 453 (7th. Cir. 1984), Section 8 housing applicants do not have a protected right that entitles them to some form of due process when they are rejected from a specific Section 8 housing unit, and because Eidson was a well-reasoned opinion, and no significant changes in law have occurred between when that case was decided and now, plaintiff's argument that it should be overturned is rejected; and 2) district court properly rejected plaintiff's claim that he is entitled to bring suit as a third-party beneficiary of a contract entered into between defendant and its funding agencies, such as HUD.
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