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Securing Multiple Debts by One Deed of Trust: Maximize Recovery with Dragnet Clauses

January 3, 2007 By

By René Lastreto, II
Lang, Richert and Patch

A “dragnet clause” is a contract provision stating that a mortgage secures all the debts that the mortgagor may at any time owe to the mortgagee. California courts have upheld the general validity of dragnet provisions. Union Bank v. Wendland, 54 Cal.App.3d 393, 398 (1976). They also recognize the risk that such provisions may be included in a trust deed or mortgage without the debtor’s knowledge or understanding. “Clauses such as this are often termed ‘dragnet’ or ‘anaconda,’ ‘as by their broad and general terms they enwrap the unsuspecting debtor in the folds of indebtedness embraced and secured in the mortgage which he did not contemplate… ‘….” Wong v. Beneficial Savings & Loan Association, 56 Cal.App.3d 286, 292 (1976) emphasis in original.

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Filed Under: Bankruptcy, Collections, Transactions

Federal Court Finds NSA Wiretaps Unconstitutional

August 18, 2006 By

By Wayne Rash
August 18, 2006
www.eweek.com

A federal judge in Detroit has rejected the Bush administration’s argument that the National Security Agency’s wiretap program, which has been conducted for nearly five years, is allowed by the U.S. Constitution.

In a sharply worded statement that cites precedents from as far back as the late 18th century, and quotes extensively from the Framers of the Constitution, Judge Anna Diggs Taylor of the U.S. District Court for the Eastern District of Michigan, said: “We must note that the Office of the Chief Executive has itself been created, with its powers, by the Constitution. There are no hereditary Kings in America, and no powers not created by the Constitution.”

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Filed Under: Technology

The Firm's Northern California SuperLawyers

August 16, 2005 By

Lang, Richert & Patch is pleased to announce that six of the firm’s attorneys have been honored as “Northern California Super Lawyers” by Law and Politics, a publication of San Francisco magazine. The honor, awarded by a peer selection process, is given only to the top five percent of all lawyers in Northern California. Those selected represent the strong and diverse litigation and business law strengths of the firm.

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Filed Under: Company News

Employers Required to Complete Sexual Harassment Training

August 15, 2005 By

By Charles Trudrung Taylor
Lang, Richert and Patch

Last year, Governor Schwarzenegger signed into law AB 1825, a bill mandating sexual harassment training for supervisory employees every two years. The new law provides that by January 1, 2006 all employers with 50 or more employees must provide at least two hours of sexual harassment training to supervisory employees. Although employers may resent initial costs and burdens of implementing training programs, this preventative law aims to reduce sexual harassment in the workplace, thereby saving employers money in the long run by reducing the number of costly lawsuits.

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Filed Under: Employment

Firm Sponsors Community Food Bank

August 15, 2005 By

Lang, Richert & Patch is pleased to announce that it has teamed up with Community Food Bank as one of its primary corporate sponsors. The Food Bank has been preventing hunger and malnutrition throughout the Central Valley since 1992. Community Food Bank is currently partnered with over 160 local agencies which directly serve 80,000 people each month. These agencies include food pantries, residential shelters, community kitchens, and adult and child day care centers and before and after school programs.

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Filed Under: Community, Company News

Schiavo Case Illustrates Need for Healthcare Directives

August 15, 2005 By

By Douglas E. Griffin
Lang, Richert and Patch

Many readers are likely familiar with the Terri Schaivo case and the controversy surrounding it. The basic controversy was over whether Ms. Schiavo was “brain dead” or disabled. Despite court findings that her brain was not working (based on medical evidence) and that she did not wish to be kept alive under the circumstances, her parents strongly contended that she was disabled and not beyond hope. Her husband, however, contended that his wife had told him that she did not want to be kept alive artificially if her brain was not functioning.

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Filed Under: Estate Planning

Bankruptcy Reform Act Aids Creditors in Claims

August 14, 2005 By

By René Lastreto, II
Lang, Richert and Patch

In April 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“Reform Act”). Most of the provisions go into effect on October 17, 2005. While the Reform Act contains many changes to consumer bankruptcy law, it also contains significant provisions applicable to business bankruptcy issues.

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Filed Under: Bankruptcy

Injured Parties Must Act Timely in Filing Lawsuit

August 14, 2005 By

By Tracy E. Sagle
Formerly of Lang, Richert and Patch

Many people suffering from personal injuries or other types of damages are unclear about how long they have to file a lawsuit before their ability to prosecute their claims expires. The law recognizes various limitations periods (commonly referred to as the statute of limitations) for the different legal avenues designed to address a legal wrong.   While the state legislature has attempted to make these periods clear, a problem that frequently arises is when the limitations period begins to run: is it when the facts giving rise to the lawsuit occurred, or rather when the injured party discovers their injury? Given that the failure to file a lawsuit timely prevents a court from ever considering it (regardless of the merits of the claim), issues surrounding the statute of limitations are of critical importance.

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Filed Under: Personal Injury