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Case Summaries

Banking Law

[05/17] Hererra v. Federal National Mortgage Ass'n
In a suit by defaulting homeowners to set aside a nonjudicial foreclosure sale on the grounds of an invalid assignment of the deed of trust, the trial court's sustaining of a demurrer without leave to amend is affirmed, where: 1) the plaintiffs granted a nominee beneficiary authority to assign when they signed the deed of trust; 2) judicially noticed documents established a chain of title in which the beneficiary assigned its interest to the lender's successor, which assigned its interest to the defendant; 3) there was no error in sustaining the demurrer as to the cause of action for violation of Civil Code section 2932.5, since that section is inapplicable to deeds of trust.

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Commercial Law

[05/16] Alphas Co., Inc. v. Dan Tudor & Sons Sales, Inc.
In a case in which a grower of grapes filed a successful reparation complaint against a supplier under the Perishable Agricultural Commodities Act of 1930 (PACA) for recovery of payment due on 17 shipments of table grapes, the district court's dismissal of the supplier's appeal is affirmed, where the supplier failed to file the required appeal bond.

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Copyright

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