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Liquidated Damages – California

May 26, 2021 The following is a case update written by Leonard Gumport analyzing a recent case of interest. SUMMARY In Graylee v. Castro, 52 Cal. App. 5th 1107 (2020) (“Graylee”), the California Court of Appeal ruled that California Code of Civil Procedure section 664.6, which allows a court to enter a judgment under the […]

Rent deferrals in bankruptcy during the COVID-19 pandemic

DLA Piper USA May 24 2021 The COVID-19 pandemic created unprecedented disruptions across the global economy, perhaps most severely in the retail sector. Shelter-in-place orders, government-mandated closures and other restrictions drastically reduced or entirely wiped out revenue streams, resulting in an increased number of bankruptcy filings by retail debtors. While bankruptcy generally provides a breathing spell […]

Notice by Email Was Sufficient for Miller Act Bond Claim

USA May 7 2021 We knew this day would come, since email is now the primary means of written communication. A material supplier made a payment bond claim solely via email. No letter was sent by mail, much less sent by certified mail as required under the Maryland Little Miller Act for payment bond claims. And yet, a […]