¶1 This case involves the rule against perpetuities and its application to a commercial real estate sales agreement. For the following reasons, we find that the rule against perpetuities does not render void a commercial real estate sales agreement that fails to include a specific time period for performance if it is reasonable to conclude that the parties intended performance within a reasonable... More...   $0 (07-03-2008 - AZ)

¶1 Home Builders Association of Central Arizona ("Home Builders" or "the Association") appeals from the superior court’s order dismissing its special action complaint for lack of standing.

BACKGROUND

¶2 Maricopa County Air Quality Control Department ("MCAQCD") and Maricopa County Air Quality Control Officer Robert Kard (collectively "the Defendants") are charged with enforcing ai... More...   $0 (07-08-2008 - AZ)

¶1 In these consolidated wrongful death cases,1 we interpret and apply the statutory language of Arizona’s notice of claim statute, Arizona Revised Statutes (“A.R.S.”) section 12-821.01 (2003). In each of these cases, the State successfully contended that the claim letters submitted on behalf of the plaintiffs did not contain sufficient facts to support the specific amount demanded in settl... More...   $0 (07-17-2008 - AZ)

¶1 Before suing the state or its subdivisions, a person generally must file a notice of claim with the prospective defendant in compliance with Arizona Revised Statutes (“A.R.S.”) section 12-821.01(A) (2003). We hold that proof of mailing a notice of claim may create a material issue of fact as to its filing even though the State denies receiving the notice.

I.

¶2 James Lee’s... More...   $0 (04-30-2008 - AZ)

Stephanie Livingston sued John Botts and Christopher Daniel Botts on an auto negligence theory. The claims made and defenses asserted are not available.... More...   $1 (06-16-2008 - OK)

Dr. Tammy Paul sued Harley B. Morgan on an auto negligence theory. The claims made and defenses asserted are not available.... More...   $0 (06-04-2008 - ok)

United States of America ex rel. U.S. Forest Service sued the Union Pacific Railroad Co. on a negligence theory claiming that the railroad's employees negligently failed to use due care while conducting welding operations in the Plumas National Forest on August 17, 2000 with the result that they started a forest fire that burned 52,000 acres of forest.

Defendant denied wrongdoing.... More...   $102000000 (07-23-2008 - CA)

Respondent Siena Court Homeowners Association (Siena Court) filed a construction defect action against respondents Green Valley Corporation, et al. (Green Valley). Green Valley was the developer of the Siena Court condominium complex. Appellant University Gardens Condominium Owners Association (University Gardens) sought to intervene in the construction defect action on the ground that it had an i... More...   $0 (07-18-2008 - CA)

Standard comprehensive liability insurance policies provide that the insurer must both indemnify and defend the insured against claims within the scope of the policy coverage. The insurer’s duty to defend is broader than its duty to indemnify. The latter duty runs only to claims that are actually covered by the policy, while the duty to defend extends to claims that are merely potentially covere... More...   $131274 (07-21-2008 - CA)

Evidence Code section 1115 et seq.1 sets forth an extensive statutory scheme protecting the confidentiality of mediation proceedings, with narrowly delineated exceptions. In this breach of contract action arising from a medical malpractice suit, plaintiffs sought to enforce an oral settlement agreement allegedly formed during mediation. During pretrial proceedings, the doctor stipulated to, and su... More...   $0 (07-21-2008 - CA)

Jurors are routinely admonished not to form or express an opinion on the case until it is finally submitted to them. However, jurors often form opinions, hopefully tentative, concerning the credibility of witnesses as they are listening to them. This is a natural response consistent with processing information. With such a tentative opinion in mind, a juror should not demonstrably agree with a sta... More...   $0 (07-21-2008 - CA)

In separate proceedings, the Imperial County Employment Appeals Board (the Board), affirmed the Imperial County Sheriff Office's (respondent) terminations of Richard Lopez and Rosario Lopez1 (appellants) by tie votes. We hold that the Board's tie votes were the equivalent of a failure to act, and the trial court did not err in remanding the matters for the Board to conduct another vote. Affirmed.<... More...   $0 (07-23-2008 - CA)

In this action involving alleged violations of laws governing rest and meal breaks, we are presented with the following question: Did the trial court err in certifying this matter as a class action without first determining the elements of plaintiffs and real parties in interest Adam Hohnbaum, Illya Haase, Romeo Osorio, Amanda June Rader and Santana Alvarado's (collectively plaintiffs) claims agai... More...   $0 (07-23-2008 - CA)

Labor Code1 section 4850 provides that when a public safety officer (like each plaintiff here) "is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her duties, he or she shall become entitled, . . . to a leave of absence while so disabled without loss of salary . . . ." [Emphasis added.] The statute is part of the Workers' Compensation L... More...   $0 (07-23-2008 - CA)

Delores Coffman, aka Delores Preston sued Susan Willard on an auto negligence theory. The claims made and defenses asserted are not available.... More...   $0 (06-03-2008 - ok)

Johnie Asberry sued Tommy Michael Goins in the small claims court. The claims made and defenses asserted are not available.... More...   $1206 (06-16-2008 - OK)

Celso Duran Lopez sued Jennifer Lee Grimes on an auto negligence theory. The claims made and defenses asserted are not available.... More...   $0 (07-22-2008 - OK)

Jamil Lases sued Yen Vuong on an auto negligence theory. The claims made and defenses asserted are not available.... More...   $0 (06-11-2008 - OK)

Rickey Maytubby, Mary Green and Richard Lamar Maytubby sued Richard Foster Tice on an auto negligence theory. The claims made and defense asserted are not available.... More...   $0 (06-03-2008 - OK)

Alisha Ann Fagalia sued Douglas David Durst on an auto negligence theory. The claims made and defenses asserted are not available.... More...   $10000 (06-24-2008 - OK)

Nudeal Enterpruises, LLC and William R. Wilson sued Founders Towers Condominiums, LLC, Bridgeport Development Group, LLC and Jim Meyer on breach of contract theories. The claims made and defenses asserted are not available.... More...   $635000 (06-06-2008 - )

Linda Polk, Surviving Spouse and next of Kin of Joseph Ladeaux, deceased, sued Saint Anthony Hospital and Winston Capel, M.D. on medical negligence theories. The claims made and defenses asserted are not available.... More...   $0 (06-05-2008 - OK)

Pharaohton Butler sued Francisco Lopez on an auto negligence theory. The claims made and defenses asserted are not available.... More...   $4095 (06-24-2008 - OK)

Hunter's Chase, OKC, LLC sued Watts and Company, LLC and Elliott & Company, Architects, Inc. on a beaches of contract theories. The claims made and defenses asserted are not available.... More...   $0 (06-12-2008 - OK)

Selma Community Hospital’s (SCH) medical executive committee recommended the termination of the medical staff membership and hospital privileges of Brenton R. Smith, M.D., based solely on the termination of his privileges at two Hanford hospitals.

Smith invoked the next stage of the peer review process by requesting a formal hearing.

The judicial review committee sat as a trier of ... More...   $0 (07-22-2008 - CA)