People v. Black

Docket NumberH043360
Decision Date16 February 2017
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20 cases
  • Siry Inv., L.P. v. Farkhondehpour
    • United States
    • California Court of Appeals
    • March 3, 2020
    ...in SEC v. W.J. Howey Co. (1946) 328 U.S. 293, 66 S.Ct. 1100, 90 L.Ed. 1244 ( Howey ). (See generally, People v. Black (2017) 8 Cal.App.5th 889, 900, 214 Cal.Rptr.3d 402.)In its operative complaint, Siry alleges the following in support of its entitlement to attorney fees by virtue of defend......
  • Dunham v. Shiff
    • United States
    • U.S. District Court — Southern District of California
    • June 5, 2019
    ...of oral or written communications which either contain false or misleading statements or omit material facts . . . ." People v. Black, 8 Cal. App. 5th 889, 899 (2017), quoting People v. Simon, 9 Cal. 4th 493, 496 (1995). California courts have defined the inquiry into whether something is a......
  • Fuller v. Bae (In re Bae)
    • United States
    • U.S. Bankruptcy Court — Northern District of California
    • August 29, 2022
    ...whether it involves an instrument which comes within the literal language of the definition." Id. ; see also People v. Black , 8 Cal.App.5th 889, 214 Cal. Rptr. 3d 402, 411 (2017). California court apply two tests to accomplish this task: (1) the risk-capital test and (2) the federal or How......
  • Siry Inv. v. Farkhondehpour
    • United States
    • California Court of Appeals
    • March 3, 2020
    ...Hills), or (2) the "federal test" first articulated in SEC v. W.J. Howey Co. (1946) 328 U.S. 293 (Howey). (See generally, People v. Black (2017) 8 Cal.App.5th 889, 900.) In its operative complaint, Siry alleges the following in support of its entitlement to attorney fees by virtue of defend......
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1 books & journal articles
  • Selected 2017 Developments in Corporate Law
    • United States
    • California Lawyers Association Business Law Section Annual Review (CLA) No. 2018, 2018
    • Invalid date
    ...Id. at 783.15. Id. at 780, n. 8 (citing Greve v. Taft Realty Co., 101 Cal. App. 343 (1929) and other cases).16. Id. at 782.17. 8 Cal. App. 5th 889 (2017).18. 41 Cal. 3d 714, 734 (1986).19. 8 Cal. App. 5th 889 (2017) (citations omitted).20. 455 U.S. 551 (1982).21. 8 Cal. App. 5th 889 (2017).......

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