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At the Lectern

Foreclosure-standing and death penalty opinions filing tomorrow

February 17, 2016

Tomorrow morning, the Supreme Court will file its opinions in Yvanova v. New Century Mortgage Corporation and People v. O’Malley, which both were argued on the court’s December calendar.

Yvanova is a high-profile case that has attracted many amicus briefs and that has at least five grant-and-hold cases waiting for tomorrow’s decision.  It raises the issue whether, in an action for wrongful foreclosure on a deed of trust securing a home loan, the borrower has standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void.  Justice Ming Chin is recused on this one.  In his place, Fourth District, Division One, Court of Appeal Justice Richard Huffman is sitting pro tem.

O’Malley is an automatic appeal from a November 1991 judgment of death.

The opinions can be viewed tomorrow starting at 10:00 a.m.

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