Banking Law, Business Law & Commercial Law
The Ellis Law Group represents banks and other businesses in commercial law and real estate loan litigation, including foreclosures. We are experienced at obtaining prejudgment writs of attachment, writs of possession and temporary restraining orders to protect and prohibit transfers of assets, as well as the prosecution of fraudulent conveyance actions. The firm also represents banks, businesses, and individuals in real estate matters of land use, breach of contract, and bankruptcy.
Recent cases include:
HPROF, LLC v. Bank of America, NA
The First District Court of Appeal, Division 3, affirmed an order by the Alameda Superior Court in favor of our client HPROF. In HPROF, LLC v. Bank of America, NA, and Bank of New York Mellon, the Superior Court previously found that the defendant banks had waived their right to arbitrate the parties' dispute because they had litigated heavily in the Superior Court for some 21 months before seeking to compel arbitration. The Court of Appeal also affirmed the trial court's holding that the determination of who decides the issue of waiver by litigation conduct is normally for a court, not an arbitrator. This decision was written by Justice Stuart R. Pollack.
Wells Fargo Bank v. Weiner
Mark Ellis and Amanda Griffith successfully represented Well Fargo Bank in a trial arising from defendants’ claim that their guaranty of a $101,654.33 line of credit was revoked by mail prior to its payment to Village Concepts, Inc., a company since dissolved in bankruptcy. Wells Fargo had no record of receipt of the revocation. On June 29, 2015, Judge Alan Perkins of the Sacramento Superior Court ordered the defendants to pay the full amount of the guaranty, plus interest, attorneys’ fees and costs.
Trans Sierra Investments v. Merrikh
After seven years of hard-fought litigation, Ellis Law Group in June 2014 successfully settled a certified class action venued in the Superior Court of El Dorado County. The lawsuit arose out of a landlord/tenant dispute between tenants of the Shops of Heavenly Valley in South Lake Tahoe and their Nevada-based landlord. The plaintiffs alleged the landlord overcharged for rent and other associated charges. The landlord denied the charges were erroneously calculated. Ellis Law Group attorneys Mark Ellis and Amanda Griffith represented the cross-complainant class.
Garner v. McElroy et al
Mark Ellis represented plaintiffs in commercial law case that concluded with a determination of fraud against adverse parties in favor of clients after 3-day binding arbitration in July 2013.
For complete lists of trials and appellate decisions, see the biographies of the practice group's attorneys.
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