California Case Summaries
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California

2nd District Court of Appeal, Division Four
Uncategorized

Bagby v. Davis — California Law Governs Collection in California Courts; Surrendered Life Insurance Policy Not Necessarily Exempt

Second District holds California exemption law applies to collection actions in California courts regardless of where the judgment debtor lives, and that funds rolled over from a surrendered life insurance policy into IRAs are not categorically exempt from levy.

2nd District Court of Appeal, Division Four
Uncategorized

Conservatorship of B.K. — Trial Court Adequately Honored LPS Conservatee’s Jury-Trial Rights Where She Personally Withdrew the Demand After Counsel Consultation

Second District affirms a one-year LPS conservatorship renewal, holding the trial court adequately honored the conservatee’s jury-trial rights where she demanded a jury trial, was given time to consult counsel, and then personally withdrew her demand and confirmed her choice on the record.

2nd District Court of Appeal, Division Four
Uncategorized

R.R. v. C.R. — Trial Court Erred by Applying Wrong Abuse Standard in Denying Domestic Violence Restraining Order Against Stalking Ex-Spouse

Second District reverses denial of a domestic violence restraining order, holding the trial court applied the wrong legal standard in evaluating whether the petitioner’s ex-wife’s conduct — repeated stalking, threats, and unwanted entries — constituted abuse under the Domestic Violence P

2nd District Court of Appeal, Division Four
Uncategorized

Towns v. Hyundai Motor America — Only the Buyer Has Song-Beverly Standing, but Insurance Payouts Don’t Reduce Restitution

Second District holds that under California’s Song-Beverly Consumer Warranty Act, only the actual buyer has standing to sue for restitution, but a manufacturer cannot reduce its restitution by the amount of a third-party insurance payout the buyer received after the car was wrecked.

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