Posts by Matthew KramerAssociateMatthew Kramer has extensive experience litigating in California’s state and federal district courts and administrative agencies. His experience includes all aspects of complex commercial, business, and real estate ...
In Buchheim v. Anaya (Cal.App.2d, Aug. 25, 2026, No. B339494) 2026 WL 2490938 (“Buchheim”), a California Court of Appeal recently analyzed a dispute concerning a series of financial transactions between a lender and borrower who had been working together over many years to buy and flip residential real estate. In Buchheim, the Court of Appeal held that in financial matters, unexplained statements of fervent belief lose to an objective record of fact, even on summary judgment.
In Haun v. Pagano (Cal.App.4th, Feb. 18, 2026, No. D084385) 2026 WL 455372 (“Haun”), a California Court of Appeal recently analyzed the impact of a unilateral fee-shifting provision involving competing claims for financial elder abuse brought under the Elder Abuse and Dependent Adult Child Protection Act (codified as Welfare and Institutions Code §§ 15600, et seq.) In Haun, the Court of Appeal held that section 15657.5(a) does not bar an award of attorneys’ fees for defense work that overlaps entirely with the successful prosecution of the prevailing petitioner’s own financial elder abuse claim.
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Recent Posts
- In Cases Involving Financial Transactions, the Money is in the Provable Facts
- California Secretary of State Implements New Filing Access Requirements for Third Party Filings
- Can a Delaware Forum Selection Clause Strip California Shareholders of Their Inspection Rights Where California is the Company’s Principal Place of Business? A California Court Says No.
- A Plaintiff, a Defendant, and a Judge Walk Into an AI Trap
- Watch Out For Insurance Policy Sublimits That Can Result In Less Coverage For Claims
- A Prevailing Plaintiff On A Financial Elder Abuse Claim Is Entitled To An Award Of All Fees Intertwined With The Prosecution Of Such A Claim Which Includes The Successful Defense Of A Competing Claim For Elder Abuse
- A Derivative Plaintiff Who Defeats an Initial Bond Motion Must Still Pay the Ordinary Costs that Go to the Victor if They Lose at Trial
- Density Bonus Agreement Survives Foreclosure: California Court Rules Affordable Housing Covenant Equivalent to Permit Condition
- Can You Contract Away Your Right to a California Jury Trial? The California Supreme Court Clarifies the Limits of Forum Selection Clauses in Contracts Formed in California
- Federal Judges Find Use of Copyrighted Books to Train AI is Fair Use But Differ in How They Get There
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