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Recent Verdicts and Judgments
United States of America v. Richard C. Brizendine

SANTA ANA, CA – An attorney who engaged in a conspiracy that allowed the owner of a chain of marijuana stores to hide some of his income has pleaded guilty to federal financial offenses.

Guilty pleas by Richard C. Brizendine, 59, of Long Beach, were entered Monday by United States District Judge James V. Selna. Monday’s action concludes proceedings in which Brizendine pleaded guilty t ... More
   $0 (12-20-2014 - )

Jay Russell Shafer v. County of Santa Barbara and Freddy Padilla

Los Angeles, CA - Jay Shafer sued Santa Barbara County Deputy Freddy Padilla on a civil rights violation theory under 42 U.S.C. 1983 claiming that Padilla used excessive force on October 4, 2009 while investigating a report that water balloons had been thrown at people. Shafer and friends were carrying water balloons and the deputy ordered them to drop the balloons. When Shafer asked why, the cla ... More   $120,000 (12-20-2014 - CA)

State of Missouri v. Lester Erby

Springfield, MO - The State of Missouri charged Lester Erby with sexual assaulting a woman in her home in July 2012.

12/17/2014 Jury Instructions Filed
Jury Verdict - Guilty
Jury returns to Court at 3:25 P.M. with the following verdict: "As to Count 1, we, the jury, find the defendant Lester Erby not guilty. As to Count 2, we, the jury, find the defendant Lester Erby g ... More
   $0 (12-20-2014 - MO)

Robert Karlseng v. Wells Fargo, N.A.

Robert Karlseng appeals the trial court’s order authorizing the receiver to take possession of his income as a lawyer to satisfy a judgment. In two issues, appellant argues (1) there is no order adjudicating Wells Fargo’s right to proceed as the judgment creditor and (2) his income constituted “wages” and was therefore exempt from execution. We affirm.
In August 2009, Wachovia Bank, Na ... More
   $0 (12-19-2014 - TX)

J. C. Penney Company, Inc. and Myron E. Ullman III, et al. v. Everett M. Ozenne, Derivatively on Behalf of J.C. Penney Company, Inc.

This case concerns an award of $3.1 million for the plaintiff’s attorney’s fees and expenses in a shareholder derivative action. The parties settled the suit and agreed that if the trial court awarded the plaintiff’s attorneys their fees and expenses, that fee award “will compensate Plaintiff’s Counsel for the results achieved in the Action and the risks of undertaking the prosecution of ... More   $0 (12-19-2014 - TX)

Department of Highway Safety and Motor Vehicles v. Herbert Clay

Petitioner, Department of Highway Safety and Motor Vehicles ("DHSMV"), seeks
second-tier certiorari review of a circuit court order granting Herbert Clay's ("Clay") firsttier
petition for writ of certiorari.1 The circuit court quashed DHSMV's administrative order
1 We have jurisdiction pursuant to Fla. R. App. P. 9.030(b)(2)(B). See also Art. V,
§ 4(b)(3), Fla. Const.
2
af ... More
   $0 (12-19-2014 - FL)

Adiel Gorel and FLCA Tropical Holdings, LLC v. The Bank of New York Mellon, etc.

Adiel Gorel and FLCA Tropical Holdings, LLC appeal the Final Summary Judgment
of Mortgage Foreclosure in favor of The Bank of New York Mellon (Bank). Gorel and
FLCA contend that Bank failed to establish that it was entitled to summary judgment
because it failed to properly refute their affirmative defense alleging Bank’s failure to
provide them with pre-acceleration notice as req ... More
   $0 (12-19-2014 - FL)

Trans Health Management, Inc., et al. v. Richard Nunziata

In these consolidated cases arising out of the death of a nursing home resident, defendant Trans Health Management, Inc. (THMI), and nonparties Alan M. Grochal1 (the Receiver), Maria Elena Chavez-Ruark (the Receiver's counsel), Fundamental Long Term Care Holdings, LLC (FLTCH), Murray Forman, Leonard Grunstein, and Fundamental Administrative Services, LLC (FAS) seek review of the final judgment ent ... More   $0 (12-19-2014 - FL)

Marilyn Van Horn v. Department of Toxic Substances Control

In this appeal from a demurrer sustained without leave to amend on the ground of uncertainty, we reverse in part. We conclude that plaintiff Marilyn Van Horn has stated a cause of action, by alleging that the procedure used by defendant Department of Toxic
2
Substances Control (the Department)—for placing a lien on real property for hazardous substance alleviation pursuant to Californiaâ ... More
   $0 (12-19-2014 - CA)

Gilda Lappe v. Murray Lappe

This writ proceeding arises from a marital dissolution action brought by petitioner Gilda Lappe against her former husband and real party in interest Murray Lappe.1 The parties agreed to resolve their property and support issues through mediation, during which they purportedly exchanged certain financial disclosure declarations that are mandated by the Family Code. They also executed a marital set ... More   $0 (12-19-2014 - CA)

Leslie O. V. Thomas O.

Petitioner in a marital dissolution case moved to have the child custody evaluator removed for bias and her evaluations stricken. The trial court denied the motion. We conclude the court erred in finding insufficient evidence of bias and denying the motion. We grant the petition and issue a peremptory writ of mandate.1
BACKGROUND
This is a marital dissolution case involving hotly contested ... More
   $0 (12-19-2014 - CA)

The People v. Douglas Roy Losa

The Three Strikes Reform Act of 2012 (hereafter Proposition 36 or the Act) created a postconviction release proceeding for third strike offenders serving indeterminate life sentences for crimes that are not serious or violent felonies. If such an inmate meets the criteria enumerated in Penal Code section 1170.126, subdivision (e), he or she will be resentenced as a second strike offender unless th ... More   $0 (12-19-2014 - CA)

Emily Herx v. Diocese of Fort Wayne-South Bend Inc., et al.

Emily Herx sued the Diocese of Fort Wayne-South Bend Inc., St. Vincent de Paul School on a civil rights violation theory claiming that she was fired after church officials learned that she was trying to get pregnant through in vitro fertilization.

Some court docket entries for this case:

12/01/2014 190 FINAL PRETRIAL CONFERENCE held on 12/1/2014 before Judge Robert L Miller, Jr. ... More
   $0 (12-19-2014 - IN)

United States of America v. Juancho Tango Andres

OAKLAND, CA – Juancho Tango Andres pleaded guilty in federal court for his role in a false tax refund scheme, announced United States Attorney Melinda Haag and Internal Revenue Service, Criminal Investigation, Acting Special Agent in Charge Andrew Toth.

In pleading guilty, Andres admitted that he had a history of problems with substance abuse. To obtain the funds necessary to support hi ... More
   $0 (12-19-2014 - CA)

United States ex rel. Carroll v. Adventist Health Systems

SAN FRANCISCO, CA – St. Helena Hospital, an acute care hospital within the Adventist Health System, has agreed to pay the United States $2,250,000 to settle allegations that it submitted false claims to Medicare for certain cardiac procedures and related inpatient admissions, United States Attorney Melinda Haag announced today.

The settlement resolves allegations that St. Helena Hospita ... More
   $0 (12-19-2014 - CA)

United States of America v. Thomas Nastasi, III

New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York, and Larry Wszalek, Acting Deputy Assistant Attorney General for the Tax Division of the Department of Justice, announced today that THOMAS NASTASI III, was sentenced to 12 months in prison for failing to pay to the Internal Revenue Service (“IRS”) more than $1.7 million in payroll taxes of his compa ... More   $0 (12-19-2014 - NY)

United States of America v. RMD Holdings, Ltd., D/B/A Nationwide Construction

New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York, Douglas Shoemaker, the Regional Special Agent-in-Charge for the United States Department of Transportation Office of Inspector General (“USDOT-OIG”), and Michael Nestor, the Inspector General for The Port Authority of New York & New Jersey (“Port Authority”), announced today that the United Stat ... More   $0 (12-19-2014 - NY)

Walter E. Quezada v. Leslie Alese Fulton

The trial court granted appellee Leslie Fulton’s motion for summary judgment based on the statute of limitations. In one issue, appellant Walter Quezada argues that the trial court erred by granting the motion because he diligently pursued service of citation on appellee. We affirm the trial court’s judgment. Because all issues are settled in law, we issue this memorandum opinion. TEX. R. APP. ... More   $0 (12-18-2014 - TX)

Montreaux at Deerwood Lake Condominium Association, Inc. v. Citibank, N.A.

After acquiring a condominium at a foreclosure sale, Appellee Citibank, as the trustee for the trust owning the property, filed a “motion to enforce final judgment of foreclosure” to determine the amount of unpaid condominium assessments owed to the association, Montreux at Deerwood Lake Condominium Association. The trial court held a hearing and granted the motion. The Association appealed an ... More   $0 (12-18-2014 - FL)

Jose A. Duarte v. California State Teachers' Retirement System

Jose A. Duarte (Duarte) appeals from the trial court’s denial of his petition for writ of administrative mandamus, through which he asserts that his application to the California State Teachers’ Retirement System (CalSTRS) for disability retirement benefits has been improperly denied. After hearing, an administrative law judge (ALJ) upheld CalSTRS’s denial of Duarte’s application for benef ... More   $0 (12-18-2014 - CA)

Lennar Homes of California, Inc. v. Stella Stephens

The agreements between Lennar and Stephens and between Lennar and the Youngs contain identical indemnity clauses. In this lawsuit, Lennar attempts to enforce those indemnity clauses, seeking to recover attorney fees and costs incurred in defending a class action lawsuit, brought initially by Stephens, and later joined by Timothy Young—but not Melissa Young—in the United States District Court f ... More   $0 (12-18-2014 - CA)

Adriana Gianturco Saltonstall v. City of Sacramento

The Sacramento Kings, a professional basketball team, have played at the Sleep Train Arena (formerly called Arco Arena) since 1988. In January 2013, the team’s then owners entered into a tentative agreement to sell the Sacramento Kings to a group of investors in Seattle, Washington. Seeking to keep the team in Sacramento, the City of Sacramento (City) partnered with Sacramento Basketball Holding ... More   $0 (12-18-2014 - CA)

Helen Lin v. Mireya B. Coronado

Plaintiff Helen Lin (Lin) appeals from a judgment entered on an order sustaining a demurrer without leave to amend in favor of defendant Mireya B. Coronado (Coronado). In her operative first amended complaint, Lin alleges she “pooled” her $150,000 with $100,000 provided by River Forest Financial LLC (River Forest) and Elevation Investments LLC (Elevation) “in partnership for the purchase” ... More   $0 (12-18-2014 - CA)

Michael Danko v. Terry O'Reilly

One of the original Field Code provisions enacted in 1872 still states: “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any sui ... More   $0 (12-18-2014 - CA)

Sharon McGill v. Citibank, N.A.

Plaintiff and respondent Sharon McGill sued defendant and appellant Citibank, N.A. (Citibank) for unfair competition and false advertising in offering a credit insurance plan she purchased to protect her Citibank credit card account. Alleging claims under California’s unfair competition law (Bus. & Prof. Code, § 17200 et seq.; hereinafter UCL), false advertising law (Bus. & Prof. Code, § 17500 ... More   $0 (12-18-2014 - )

In re the Marriage of Melinda and David Daugherty

Melinda Daugherty appeals an order of the trial court modifying the child support paid by David Daugherty.1 She contends the court miscalculated David’s support obligation by failing to include in his income derivative Social Security disability benefits Melinda receives on behalf of their children—benefits they are entitled to because of David’s disability. We shall affirm the order.
I. ... More
   $0 (12-18-2014 - CA)

Norris J. DeVoll v. Tzon-Sing Chen, a/k/a John Chen, a/k/a Tron Sing Chen, and Chester Jianbon Shiu

Appellant Norris J. DeVoll, appearing pro se, appeals from a summary judgment
in favor of the appellees, Tzon-Sing Chen and Chester Jianbou Shiu, on DeVoll’s claim that
they obtained certain real property as a result of a fraudulent transfer. See Tex. Bus. & Com. Code
§§ 24.001-.013. Because we conclude that DeVoll cannot establish his status as a creditor under the
Uniform Fra ... More
   $0 (12-18-2014 - TX)

Employees Retirement System of Texas v. Cynthia A. Garcia

This appeal presents questions of first impression regarding the availability of
occupational-disability retirement benefits for Texas state employees following 2003 amendments
that significantly limited the statutory definition of an “occupational disability.” As amended, the
definition requires that an “occupational disability” “result[] . . . solely from an extremely dange ... More
   $0 (12-18-2014 - TX)

Long Q. Pham and Thao M. Silva v. Harris County Rentals, L.L.C.

After a bench trial, the trial court foreclosed a subcontractor’s materialman’s lien and awarded a retainage claim to the subcontractor against the landowners when the landowners’ contractor failed to pay the subcontractor. The trial court
2
also entered a default judgment against the landowner/wife on the basis of her failure to answer or appear despite the answer and appearance of ... More
   $0 (12-18-2014 - TX)

LeaAnne Klentzman and Carter Publications, Inc., d/b/a The West Fort Bend Star v. Wade Brady

Appellee, Wade Brady, sued appellants, Carter Publications, Inc. d/b/a The
West Fort Bend Star (“The Star”) and LeaAnne Klentzman, a reporter for The Star,
alleging that they defamed him in a January 15, 2003 article (“the Article”). Based
2
on the jury’s verdict in Wade’s favor, the trial court signed its final judgment awarding him actual and exemplary damages. In nin ... More
   $0 (12-18-2014 - TX)

United States of America v. Susan Hense

Cedar Rapids, IA - A former attorney who defrauded over a dozen clients pled guilty today in federal court in Cedar Rapids.

Susan Hense, 54, from Cedar Rapids, Iowa, was convicted of one count of wire fraud.

In a plea agreement, Hense admitted that she knowingly made up a scheme to defraud the clients of her law firm, Hense Law PLC, and to obtain money from her clients under fals ... More
   $0 (12-18-2014 - IA)

Hilton Hotels Corporation, etc., et al. v. Troy Anderson and Paula Anderson

Hilton Hotels Corporation (“Hilton”), W2007 Equity Inns Realty, LLC (“W2007”),
Interstate Hotels & Resorts, Inc. (“Interstate”), and SecurAmerica, LLC (“SecurAmerica”)
appeal from a final judgment in a personal injury/negligent security case in which the
jury awarded Troy Anderson (“Anderson”) damages in excess of $1.7 million. Anderson
filed a separate appeal f ... More
   $0 (12-17-2014 - FL)

John Vernetti and Global Trustee Services, Inc. v. American-Indian Enterprises, Inc., et al.

John Vernetti and Global Trustee Services, Inc. (“Global Trustee”) appeal the trial court’s non-final order denying their motion to compel arbitration of a cross-claim filed by Appellees, America-Indian Enterprises, Inc. (“America-Indian”), Kumar Rajagopalan, and Joseph Archiprete.1 Vernetti and Global Trustee maintain that the cross-claim is arbitrable because it arose out of and is dir ... More   $0 (12-17-2014 - FL)

Hound Mounds, Inc. and Geoffrey Bodle v. Adrian Finch

The trial court stayed arbitration in a dispute between a Florida resident and a Texas corporation over a franchise agreement entered into between them. The court concluded that the entire agreement was void as against public policy. Appellees challenged the agreement as a whole, and not merely the arbitration provision. The law is clear that issues going to the validity of the entire agreement ar ... More   $0 (12-17-2014 - FL)

Curtis Hampton and Linda Hampton v. Florida Municipal Insurance Trust

We affirm the final declaratory judgment determining that the Florida Municipal Insurance Trust (“FMIT”) agreement with its member, City of Plantation, provided excess insurance and not primary insurance for automobile accidents. Thus, it was not required to include uninsured motorist protection as part of its provisions. See § 627.727(2), Fla. Stat (2011). The insuring agreement was modified ... More   $0 (12-17-2014 - FL)

Lamont Davis v. State of Florid

Appellant Lamont Davis was convicted of felony murder and sentenced to life imprisonment for his role in the 2010 killing of a young mother in Port St. Lucie, Florida. At the same trial, he also was convicted of armed burglary with a firearm causing bodily harm or death, possession of a firearm by a felon, possession of ammunition by a felon, and high-speed or wanton fleeing.
Appellant now app ... More
   $0 (12-17-2014 - FL)

Rafael Heribe Avilesrosario v. State of Florida

A bedrock principle of due process is that it is constitutionally impermissible to hold criminal proceedings against a mentally incompetent defendant. Where there is a reasonable question as to a defendant’s competency, the trial court must hold a competency hearing. In the present case, just prior to the commencement of appellant’s trial, his defense counsel requested such a hearing, noting a ... More   $0 (12-17-2014 - fL)

Hoang Dinh Duong, M.D. v. Olivia Ziadie

Following a jury verdict against the defendant/appellant Dr. Duong in a medical malpractice action, the plaintiff/appellee moved for an award of fees pursuant to a proposal for settlement. Dr. Duong claims that the proposal was ambiguous and that it was an improper “all or nothing” offer which did not allow him to settle the claims of individual plaintiffs, contrary to Attorneys’ Title Insur ... More   $0 (12-17-2014 - FL)

Great American Insurance Company of New York v. 2000 Island Boulevard Condominium Association, Inc.

It has long been said in the courts of this state that “every litigant is entitled
to nothing less than the cold neutrality of an impartial judge.” State ex rel. Davis
v. Parks, 194 So. 613, 615 (Fla. 1939). Regrettably, the trial judge in this case has
abandoned his post as a neutral overseer of the dispute between the parties,
compelling us to grant Great American Insurance C ... More
   $0 (12-17-2014 - FL)

Garcia P. Gimeno v. Naltan Rivera

This is an appeal by Gracia Gimeno from a downward modification of
Naltan Rivera’s child support obligation in a post-paternity modification
proceeding, based upon the fact that Rivera has fathered three more children by
another woman after having fathered a child with Gimeno. It is settled law that a
party moving for a downward modification of child support has the burden of
... More
   $0 (12-17-2014 - FL)

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