Important Calsadalaw Cases In the Appellate Courts
Note: In accordance with Federal Rule of Appellate Procedure 32.1, memoranda issued on or after January 1, 2007 may be cited without restriction.
In re Cregar (BAP) Memorandum 11/19/10
[Bankruptcy Judge Catherine Bauer's Order disallowing Debtor's amended exemption claims based on bad faith without holding an evidentiary hearing was an abuse of discretion. Order vacated and remanded to so that the bankruptcy court can hold the required evidentiary hearing.]
In re Orlando Hidalgo (BAP) Memorandum 7/9/07
[Overruled Objection by Ch.7 Trustee to Debtor's belated claim of Homestead Exemption on equitable title AFFIRMED on appeal]
In re Santos (BAP) Memorandum 7/11/07
[Summary Judgment on wage claim dispute against Debtors REVERSED on appeal]
In re Santos (BAP) Memorandum 12/20/05
[Allowance of Claim against Debtors without a trial REVERSED on appeal)
In re Flores (BAP) Memorandum 7/26/00
[Summary Judgment against Debtor's lawsuit for wrongful foreclosure REVERSED on appeal]
Kraft Case(CA2d) Memorandum 10/7/02
[Mr. Calsada's Testimony as Bankruptcy Expert on appeal]
Guerrero v. Cordova (CA2d) Opening Brief
[Specific performance judgment granting equitable conversion proceeds to Client Challenged in Cross-Appeal]
Ward v. Munoz (CA2d) Unpublished Opinion 11/16/09
[REVERSED on appeal a Judgment which "deemed recorded" prior to the death of a severing joint tenant a quitclaim deed which was not officially recorded until 90 days after death in violation of Civ. Code Section 683.2(c)'s seven day rule.]
Chu v Chu (Santa Clara Superior Court) MSJ Ruling 12/5/2011
[GRANTED. Judge McKenney granted Plaintiff's Summary Judgment Motion on complaint to quiet title and cancel deed and living trust instruments, purporting to sever a joint tenancy, which were recorded more than 7 years after their creation in violation of Civ. Code Section 683.2(c).]
Bankruptcy Court Memorandum
[GRANTED. Judge Tighe granted Debtor's Motion to Dismiss Complaint for Nondischargeability of Debt alleging state law claims for wrongful termination, retaliation, discrimination and harassment by association against individual Debtor for lack of allegations that the Debtor was the Plaintiff Employee's actual Employer or the Alter Ego for his actual corporate Employer.]
In re Bencomo I (9TH CIR. BAP)
[REVERSED AND REMANDED]
In re Bencomo II (9th Cir. BAP)
[REVERSED AND REMANDED] ON FURTHER APPEAL TO THE 9TH CIR.
In re Tinajero (9th Cir. BAP)
[REVERSED AND REMANDED] Judge Barry Russell's Order Granting Summary Judgment for Fraud based on State Court Judgment was reversed and remanded where there was no record that Debtor's misrepresentations in purchase and sale of real property formed the basis for any fraud judgment or any damages based thereon.
