Temporary Home Loan Modifications May be Binding

Are you on a Temporary Home Loan Modification ?  The California  Court of Appeals for the First District holds that a temporary loan modification may be binding on the lender and allows the case to go to trial on the issues of breach of contract and fraudulent misrepresentation.  What this means is a plaintiff who sues a lender for breach of contract and misrepresentation, for the lenders failure to make a temporary loan modification permanent where the plaintiff complied with the trial loan modification under HAMP, at least gets a chance to go in front of a jury.  This case joins a growing body of cases in California that support homeowners ability to at least have their cases heard before a jury. Rufini v. CitiMortage, Inc. 227 Cal.App4th 299

Prosecutor Misconduct During Trial

Does Your Criminal Case Get Dismissed When The Prosecution Deliberately Withholds Exculpatory Evidence ?

What happens when your defense team learns during trial that the Prosecutor deliberately withheld exculpatory evidence that they have a legal duty to disclose?  Under current law, the judge might grant a brief continuance to allow the defense to look into the evidence, can hold the prosecutor in contempt, and can also mention the lapse to the jury.

AB 885, which was cleared by both houses, would have changed the current law to require the judge to tell the jurors the evidence was intentionally withheld and that they can consider the non-disclosure as a possible sign that the prosecution was unable to prove its case.  This bill was introduced by Assemblyman Tom Ammiano, D-San Fransisco stating “We need this bill to stop the few prosecutors whose zeal for convictions lead them to cut corners of Justice.”

This Bill was vetoed by Gov. Jerry Brown stating “Prosecutorial misconduct should never be tolerated” But he said AB 855 “would be a sharp departure from the current practice… Under current law, judges have a array of remedies at their disposal if a discovery violation comes to light during trial.”

Breaking News In Criminal Law

Breaking news in Criminal Law

The Governor signs AB 2492, a bill that eliminates the 90 day mandatory minimum sentence on H&S 11550’s.
This bill goes into effect on January 1, 2015. The bill does provide that if a person has suffered two prior 11550 convictions in the previous 7 years, the person faces a 180 day minimum, unless that person enters and completes a drug rehab program.