California Court of Appeal

Neman v. Commercial Capital Bank, B208164

In an action involving the administrative review process for the resolution of claims against a failed bank, FDIC motion to dismiss or further stay the appeal of plaintiff is denied where the appeal may not be dismissed for failure to comply with the Financial Institutions Reform, Recovery and Enforcement Act's (FIRREA) administrative review process as plaintiff filed a timely claim with the FDIC. The FDIC is entitled to a stay of the appeal pending completion of the 180-day time period described in 12 U.S.C. sec. 1821(d)(5)(A)(i) in order to complete the administrative review process.

Appellate Information

• Decided 04/29/2009
• Published 04/29/2009

Judges

• TURNER, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Mink Law Firm and Lyle R. Mink, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Allen Matkins Leck Gamble Mallory & Natsis, David R. Zaro and Joshua A. del Castillo, Los Angeles, for Defendant and Respondent.