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Abandonment Law
 
BRE DDR BR Whittwood CA, LLC v. Farmers and Merchants Bank of Long Beach

When a shopping center tenant defaulted on a secured
loan, the lender took possession of the premises through
foreclosure and transferred its interest to a third party.
Later, the third party surrendered the premises. The
landlord filed this action against the lender to enforce the
lease obligations, including payment of rent for the full lease
term. The trial court granted... More...
   $0 (08-30-2017 - CA)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-26-2017 - CA)

Josh Norris v. Karry Causey Fifth Circuit Court of Appeals - New Orleans, Louisiana

This is yet another case that has its roots in the devastation Hurricane Katrina wreaked on New Orleans. Resilient as the city is, it swiftly began to rebuild. That effort presented attractive opportunities for investors and developers looking to turn a profit. This case involves one such opportunity that went sour.
This lawsuit that followed resulted in a bench trial. One of the defendants ap... More...
   $0 (08-22-2017 - LA)

Aleksei E. Svipidov v. City of San Diego

Aleksei E. Sviridov appeals a judgment after the trial court awarded the City of
San Diego and the San Diego Police Department (collectively the City or defendants)
$90,387.28 in costs. Sviridov contends the City is not entitled to costs based upon
Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 99 (Williams),
which held that in actions based upon the Californ... More...
   $0 (08-22-2017 - CA)

4-G Construction, Inc. v. Merit Energy Company, LLC Beaver County Courthouse - Beaver, Oklahoma

Beaver, OK - 4-G Construction, Inc. sued Merit Energy Company, LLC on a breach of contract theory relating to a surface damage agreement conversing damages for the drilling, completing, operating and abandonment of two oil and gas wells.

Date Code Description Count Party Amount
08-16-2017

FILE AND ENTER PETITION

Document Available (#CC17081600000121) Downloa... More...
   $0 (08-16-2017 - OK)

In Re: Raymond Tibbetts

Petitioner Raymond Tibbetts filed a petition for a writ of habeas corpus, which the United
States District Court for the Southern District of Ohio determined was a second-or-successive
habeas petition and transferred to our court. The district court properly concluded that Tibbetts’s
petition is second or successive, and Tibbetts’s motion to remand is therefore DENIED. Because
*Thi... More...
   $0 (08-15-2017 - OH)

Patrick Dwayne Murphy v. Terry Royal, Warden, Oklahoma State Penitentirary United States Court of Appeals for the Tenth Circuit Denver, Colorado

Patrick Dwayne Murphy asserts he was tried in the wrong court. He
challenges the jurisdiction of the Oklahoma state court in which he was convicted of
murder and sentenced to death. He contends he should have been tried in federal
court because he is an Indian and the offense occurred in Indian country. We agree
and remand to the district court to issue a writ of habeas corpus vaca... More...
   $0 (08-14-2017 - OK)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...
   $0 (08-14-2017 - CA)

BC Ranch II, L.P. a/k/a Bosque Canyon Ranch II, L.P.; BC Ranch I, Inc., Tax Matter Partners v. Commissioner of Internal Revenue Fifth Circuit Court of Appeals - New Orleans, Louisiana

Petitioners-Appellants, BC Ranch I, L.P. (“BCR I”), and B.C. Ranch II, L.P. (“BCR II”), (collectively the “BCR Partnerships” or “Appellants”), claim that Respondent-Appellee, the Commissioner of Internal Revenue (the “Commissioner”), wrongfully disallowed their charitable deductions for two conservation easements. Appellants contend that in ruling for the Commission, the Tax Court wrongfully class... More...   $0 (08-11-2017 - TX)

John Spellmann, Individually and as Executor of the Estate of Velma Spellmann, Gerald Lewis Sheehan Jr., Jane Lynn Sheehan Michaels, Ralph Koopmann, and Karen M. Koenig v. Janet H. Love and JHL Interests, Ltd.

By two issues, appellants John Spellmann, Individually and as Executor of the
Estate of Velma Spellmann, Gerald Lewis Sheehan, Jr., Jane Lynn Sheehan Michaels,
Ralph Coopmann, and Karen M. Koenig (collectively Spellman, unless otherwise noted)
challenge the trial court’s summary judgment rendered in favor of appellees Janet H. Love
(Janet H. Love or Janet) and JHL Interests... More...
   $0 (08-10-2017 - TX)

In the Interest of M.R., a Child

Appellant L.S. (Mother) appeals the trial court’s termination of her parentchild
relationship with her son M.R. In two issues, she contends that (1) the trial
court committed fundamental error by not providing statutorily-required warnings
(“statutory warnings”) at the status and permanency hearings and (2) the
evidence is legally and factually insufficient to support the trial cou... More...
   $0 (08-10-2017 - TX)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-07-2017 - CA)

Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith Roofing and Construction v. Joe Key and Stacci Key

This is an interlocutory appeal from an order certifying a class action.1
Appellants Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith
1
See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (West Supp. 2016).
Roofing and Construction2 raise five issues claiming that the trial court erred by
certifying a class because various class-certificati... More...
   $0 (08-03-2017 - TX)

Parks, LLC v. Tyson Foods, Inc.; Hillshire Brands Company Federal Courthouse - Philadelphia, Pennsylvania

This case concerns a trademark that once enjoyed widespread recognition but has since grown considerably weaker. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name “PARKS.”1 At one point, PARKS was placed on the Principal Register of trademarks at the United States Patent and Trademark Office (“USPTO”), but, sometime in the early 2000s, Parks failed to... More...   $0 (07-24-2017 - PA)

Samuel N. Allen vs. State of Missouri

Allen was convicted of tampering in the first degree and resisting arrest, for which he was
sentenced to 10 years and 5 years in prison, respectively. This court affirmed Allen’s convictions
and sentences in a per curiam order and memorandum issued pursuant to Rule 30.25(b) on
September 29, 2015. State v. Allen, 471 S.W.3d 396 (Mo. App. 2015). We issued our mandate
on Octobe... More...
   $0 (07-23-2017 - MO)

Gayle S. Cummings v. Jennifer Dessel

Defendants Jennifer Dessel and her daughter, Emily Seal, were half-owners of an
investment property; plaintiff Gayle S. Cummings owned the other half. After disputes
arose, Cummings sued seeking partition of the property. Following a bench trial, and
over the objection of Dessel and Seal, the court ordered partition of the property by the
appraisal method—that is, each half-owner c... More...
   $0 (07-20-2017 - CA)

Rene Hernandez v. The State of Texas In The Court of Appeals Fifth District of Texas at Dallas

On February 19, 2014, a covert, or undercover, member of the Dallas Police
Department’s Crime Reduction Team (the CRT) saw a silver Mercedes leaving the location of an
–2–
illegal game room. The officer was familiar with the Mercedes because the CRT had “arrested
an individual” out of the vehicle the previous week. The officer followed the vehicle to a duplex
on Petain ... More...
   $0 (07-18-2017 - TX)

STATE OF KANSAS v. MARK D. DEHNCKE Criminal sodomy and indecent liberties with a child

In 2016, the State moved to correct Dehncke's illegal sentence. It alleged the sentence was illegal because Dehncke was subject to lifetime postrelease supervision pursuant to K.S.A. 2016 Supp. 22-3717(d)(1)(G)(i) and not the shorter periods of 24 and 36 months. The district court granted the State's motion over Dehncke's objection and resentenced him to lifetime postrelease supervision. Dehncke a... More...   $0 (07-13-2017 - KS)

Barbara Lynch v. California Coastal Commission

After winter storms damaged the seawall protecting their blufftop
properties, homeowners sought a permit from the California Coastal Commission
(Commission) to build a new seawall and repair their beach access stairway. The
Commission granted the permit subject to several mitigation conditions. The
owners filed an administrative mandate petition objecting to two conditions but
... More...
   $0 (07-12-2017 - CA)

FIDELIS K. THUKO v. STATE OF KANSAS

Thuko was convicted by a jury of rape and attempted rape on January 21, 2005. He was sentenced to 202 months in prison and 36 months of postrelease supervision. He appealed his convictions. State v. Thuko, No. 94,228, 2007 WL 92642 (Kan. App. 2007) (unpublished opinion) (Thuko I). On appeal, Thuko argued his statutory and constitutional rights to a speedy trial were violated. In addition, he argue... More...   $0 (07-11-2017 - KS)

STATE OF KANSAS v. TIMOTHY C. BOETTGER

Defendant was charged with criminal threat for statements he made to Cody Bonham at the Kwik Shop in Lawrence, Kansas, where Bonham worked. Defendant
2

frequented the Kwik Shop and had a long-standing habit of talking with Bonham and another employee, Neil Iles, while there. Defendant knew Bonham's father was a member of the sheriff's department.

On this occasion, Defend... More...
   $0 (07-10-2017 - KS)

UNITED STATES OF AMERICA - v. RANDALL MARTINEZ, a/k/a Randall, a/k/a Jose Rodriguez, a/k/a Jose Rodriguez-Saez, a/k/a Rando Martinez, a/k/a Randall Martinez-Espinal, HENRY FIORENTINO, JOSE TEJADA, and MARCOS RODRIGUEZ, a/k/a Markito UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

The present prosecutions arise out of a sprawling conspiracy in and around New York
City, spanning at least a decade, in which more than two dozen persons are alleged to have committed
1 more than 200 robberies of drug traffickers. One of the coconspirators' main stratagems was to
2 impersonate officers of the New York City Police Department ("NYPD") in order to stop or purport
3... More...
   $0 (07-08-2017 - NY)

STATE OF OHIO vs. GREGORY M. MALENDA

Malenda first argues that the trial court erred when the court incorrectly
advised him on the maximum amount of prison time he could receive if he pleaded guilty.
The court informed Malenda that 42 months would be the maximum amount of prison
time he could receive if he pleaded guilty when in fact, he could have received, and did
receive a maximum sentence of 44 months in pris... More...
   $0 (07-01-2017 - OH)

SHAWN K. HOUGARDY v. STATE OF MISSOURI

Hougardy was convicted after a jury trial of attempted manufacture of
methamphetamine, resisting a lawful stop, and tampering with physical evidence.
Hougardy was sentenced as a prior and persistent felony offender and a prior drug offender1
to twenty years' imprisonment for attempted manufacturing, seven years' imprisonment for
resisting, and seven years' imprisonment for tam... More...
   $0 (06-29-2017 - MO)

Aristea Hupp v. Solera Oak Valley Greens Association

INTRODUCTION
Plaintiff Aristea Hupp (Aristea) appeals judgment entered after the trial court
granted defendants Solera Oak Valley Greens Association and City of Beaumont Animal
Control Officer Jack Huntsman’s1 ex parte application to dismiss Aristea’s first amended
complaint (FAC) under the vexatious litigant provision, Code of Civil Procedure section
391.7.
2
Aristea ... More...
   $0 (06-25-2017 - CA)

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