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CREDIT MANAGERS ASS'N v. COUNTRYWIDE HOME LOANS

No. G035739.

50 Cal.Rptr.3d 259 (2006)

144 Cal.App.4th 590

CREDIT MANAGERS ASSOCIATION OF CALIFORNIA, Plaintiff and Appellant, v. COUNTRYWIDE HOME LOANS, INC., Defendant and Respondent.

Court of Appeal of California, Fourth District, Division Three.

October 4, 2006.

Attorney(s) appearing for the Case

Winthrop Couchot, William John Wall, Newport Beach, for Plaintiff and Appellant.

Sanford Shatz, Calabasas, and Stephen T. Hicklin, Glendale, for Defendant and Respondent.

Glickfield, Fields & Jacobson and Lawrence M. Jacobson, Los Angeles, for CBS Radio Inc., as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

O'LEARY, J.

In this case, we must decide whether the United States Bankruptcy Code preempts Code of Civil Procedure section 1800,1 recovery of preferences (Section 1800). In Sherwood Partners, Inc. v. Lycos, Inc. (9th Cir.2005) 394 F.3d 1198 (Sherwood), Judge Alex Kozinski of the Ninth Circuit Court of Appeals wrote for the majority and held the Bankruptcy Code preempted...

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