Archive for February, 2016

Orcilla v. Big Sur, Inc. – Unconscionability in Loan Modification Supports Claim for Wrongful Foreclosure (2016-2-18)

The recent decision in Orcilla v. Big Sur, Inc. (Feb. 11, 2016) __ Cal. App.4th __ continues the litigation fallout from the second depression (referred to in other parts of the country as the Great Recession).  In Orcilla v. Big Sur, the lender completed a nonjudicial foreclosure on the plaintiff’s residence.  The borrower sued to […]






Karl Llewellyn and the Theory of Rules (2016-2-9)

Karl Llewellyn was one of the leading lights of American jurisprudence from the 1930s through the 1950s.  Not only was he the dean of Columbia Law School, he participated in the drafting of Article 2 of the Uniform Commercial Code, and was active in efforts to promote its enactment in the different states. Add this: […]