Monthly Archives: February 2019

Arbitration Award Struck Down Because Procured by “Undue Means”

Baker Marquart LLP v. Kantor, 22 Cal. App. 5 th 729 (2018) This case involves a dispute between attorney (Baker Marquart) and client (Kantor) regarding the proper percentage to apply to a contingency fee contract. The contract provided that if the attorney accomplished nine specific tasks within a specific time, the fee would be based … Continue reading Arbitration Award Struck Down Because Procured by “Undue Means”

Release Provision in Settlement Agreement was not Broad Enough to Protect Pre-Agreement Fraudulent Transfers

Rescap Liquidating Tr. v. First California Mortg. Co., No. 18-CV-03283-WHO, 2018 WL 5310795 (N.D. Cal. Oct. 25, 2018) First Capital Mortgage Company (“FCMC”) was a mortgage loan originator. Rescap is successor in interest to Residential Funding Company (“RFC”). RFC purchased approximately 300 loans from FCMC with a face value of about $125,000,000.00. RFC repackaged the … Continue reading Release Provision in Settlement Agreement was not Broad Enough to Protect Pre-Agreement Fraudulent Transfers