This is the third appeal we consider in this marital dissolution action between Richard Turkanis and Joan M. Price. In the first appeal, we considered the trial court‟s order after the first of two phases of trial. The purpose of this first phase of trial was to set the value at the date of marriage of a closely held corporation (Radman) formed by Turkanis prior to marriage (the valuation trial)... More...   $0 (01-30-2013 - CA)

The common law theory of continuous accrual posits that a cause of action challenging a recurring wrong may accrue not once but each time a new wrong is committed. We consider whether the theory can apply to actions under the unfair competition law (Bus. & Prof. Code, § 17200 et seq.; hereafter UCL) and, if so, whether it applies here to save plaintiff Jamshid Aryeh‟s suit from a limitations ba... More...   $0 (01-26-2013 - CA)

Appellant Mouris Ahdout appeals from a judgment entered following the superior court‘s denial of his petition to vacate an arbitration award and its grant of a petition to confirm the award filed by respondents Majid Hekmatjah aka Michael Braum (Braum), Hekmatjah Family Limited Partnership (Hekmatjah), and Braum Investment & Development, Inc. (BIDI). Ahdout and respondent Hekmatjah were the sole... More...   $0 (01-26-2013 - CA)

Following more than 20 years of marriage and two years of separation, respondent Mary L. Campi (Mary)1 filed for a dissolution of the parties‟ marriage in May 2003. For more than the next seven years, the parties litigated some issues and stipulated to others. They finally disposed of all remaining disputes with a one-day trial that ended on December 9, 2010, and this appeal followed.

A... More...   $0 (01-24-2013 - CA)

Filed 1/15/13 (reposted same date to correct signature page; no change to opinion text) We address in this case the question of how much evidence a defendant must present to establish a right to summary judgment under a global release by the plaintiff of “all personsâ€� exposed to liability for his personal injuries. Plaintiff contends that the trial court here erred by granting summary judgment... More...   $0 (01-15-2013 - CA)

Oakdale Mall Associates (Oakdale), a Minnesota limited partnership, and Cincinnati Insurance Company (Cincinnati), an Ohio corporation, dispute whether the commercial property insurance policy Oakdale purchased from Cincinnati covers a loss Oakdale suffered on August 4, 2009. On cross-motions for summary judgment regarding coverage, the district court 1 denied Oakdale’s motion for summary judgme... More...   $0 (01-10-2013 - MN)

Gaynor Hill Enterprises, Inc., (Gaynor Hill) appeals the trial court’s order granting Kevin and Donna Allan’s motion for relief from judgment.1 We reverse.

Kevin and Donna Allan owned Allan Enterprises, LLC, which owned Holmar Villas (Holmar), a property management business. Gaynor Hill purchased Holmar from Allan Enterprises, but soon after filed a lawsuit against Allan Enterprises and... More...   $0 (01-05-2013 - FL)

Appellee, Vickie Weatherspoon, sued appellant, Ryland Enterprise, Inc. (“Rylandâ€�), seeking recovery of compensation that she alleged Ryland owed her for work performed on Ryland’s behalf on a project with a third party, Marathon Oil Company (“Marathon Oilâ€�). A jury found in favor of Weatherspoon, and the trial court rendered judgment accordingly. Ryland now appeals, arguing in three issu... More...   $0 (12-29-2012 - TX)

WHEREAS, on November 5, 2009, Seong Bae Choi filed a class action complaint in Seong Bae Choi, et al. v. Toyota Motor Corp., et al., No. 2:09-8143 (C.D. Cal.), alleging, among other things, that Toyota (as defined below) designed, manufactured, distributed, advertised and sold certain automobiles containing an alleged defect that allegedly would allow sudden unintended acceleration of the vehicle ... More...   $1000000000 (12-27-2012 - CA)

Robert M. Winn and Martha Ann Winn Irrevocable Trust sued John Hancock Life Insurance Company (USA) and Wilbanks Securities, Inc. on breach of contract theories. The claims made by Plaintiffs are not available.

The dispute in question revolves around a “flexible premium variable life insurance policyâ€� (VLIP) insuring the life of Martha Ann Winn, now deceased, (Winn Policy) and owned by... More...   $1 (12-25-2012 - OK)

This is an appeal from a take-nothing judgment on claims filed by Richard Castillo and his wife, Patsy Castillo, against Gulf Coast Livestock Market, L.L.C. Castillo was injured when a tractor trailer backed into him on Gulf Coast’s premises. The Castillos brought claims against Gulf Coast for premises liability, negligent hiring of the driver of the tractor trailer, and negligence. Gulf Coast f... More...   $0 (12-24-2012 - TX)

Martin Roberts appeals from a divorce decree dissolving the marriage between Martin and Margaret Roberts signed on July 15, 2011. On appeal, Martin complains of the trial court’s award to Margaret of (1) reimbursement of separate property funds expended towards the mortgage on the marital residence, and (2) spousal maintenance. Although both parents were designated as joint managing conservators... More...   $0 (12-24-2012 - TX)

Appellants M&DD Traders Corporation (M&DD) and Jared Biketi (Biketi) appeal the trial court’s judgment in favor of Appellee Total Quality Logistics, Inc. (TQL). In six issues, Appellants challenge the trial court’s grant of TQL’s post-verdict motion to disregard jury findings, the effect of which required a take-nothing judgment in TQL’s favor. We affirm.

II. Background
More...   $0 (12-14-2012 - TX)

¶1 Defendants Kang Sik Park and Marsha K. Park (the Parks) appeal from the trial court’s decision to quiet title in Plaintiffs James S. Dean and Sherlene T. Dean (the Deans). Specifically, the Parks assert that the trial court erred in determining that they failed to prove that both they and their neighbors acquiesced to a boundary marked by a wooden fence and that the Parks occupied the proper... More...   $0 (12-13-2012 - UT)

[¶1] While he and Appellant Elizabeth (Betsy) Dowell were still married, Appellee Dr. Mark Dowell created an irrevocable life insurance trust (ILIT) naming Ms. Dowell as its primary beneficiary and their two children as contingent beneficiaries. The couple divorced five years later. Six years after the divorce, Dr. Dowell filed a petition to modify the trust, in which he contended that he did not... More...   $0 (12-13-2012 - WY)

The Real Estate Settlement Procedures Act (“RESPAâ€�) provides an action for damages against mortgage-loan servicers who fail to respond to certain types of inquiries from borrowers. Plaintiffs Jaime and Maribel Medrano allege that Defendant Flagstar Bank, FSB, the servicer of their home loan, violated 12 U.S.C. § 2605 because it did not respond adequately to three letters in which they challen... More...   $0 (12-12-2012 - CA)

This case involves the validity of a parcel tax approved by Alameda Unified School District (District) voters in June 2008 as Measure H. The issue before us is whether the tax violates Government Code section 50079, which authorizes school districts to levy “qualified special taxes.â€� (Gov. Code, § 50079, subd. (a).)1 Such taxes are statutorily defined as “taxes that apply uniformly to all t... More...   $0 (12-08-2012 - CA)

Plaintiffs (Buyers) contracted to purchase real property from Defendants (Sellers). Buyers appeal from summary judgment entered against them on their breach of contract claim. Sellers appeal from the district court’s failure to award attorney’s fees. We consolidated the appeals for disposition; we affirm the summary judgment, reverse on the issue of attorney’s fees, and remand for a determin... More...   $0 (12-06-2012 - OK)

Ruben Monarrez suffered catastrophic injuries when he was struck by a hit-and-run driver while receiving roadside assistance for a flat tire. The issue presented by this appeal is whether the Automobile Club of Southern California (Auto Club) may be held liable for Monarrez‟s injuries. Following de novo review, we conclude that there are triable issues of material fact as to whether the tow truc... More...   $0 (11-24-2012 - CA)

[¶1] These consolidated appeals stem from the Redland family’s dispute over ranch property and operations. Appeals numbered S-12-0010 and S-12-0012 relate to real property that some of the Redland children claim their father, Robert Redland, agreed to place in a family trust. The district court granted Robert Redland partial summary judgment, holding that the claims were barred by the statute o... More...   $0 (11-21-2012 - WY)

Jeff Davi, as Commissioner of the Department of Real Estate (DRE) (Commissioner) denied Dave Singh‟s application for a real estate broker‟s license based on the “dishonest natureâ€� of his prior conviction for theft by false pretenses and the concern that it would not be in the public interest to issue Singh a license. Singh petitioned for a writ of administrative mandamus (Code Civ. Proc., ... More...   $0 (11-19-2012 - CA)

Avery Richey, a sales manager at Power Toyota of Cerritos, was terminated from his job four weeks before the expiration of his approved medical leave under the Moore- Brown-Roberti Family Rights Act (CFRA) (Gov. Code, §§ 12945.1, 12945.2)1 because his employer believed Richey was misusing his leave by working part time in a restaurant he owned. Richey sued Power Toyota’s parent companies, Auto... More...   $0 (11-12-2012 - CA)

We are called upon once again to address litigation arising out of a tax avoidance scheme devised in the late 1980s.1 Defendant James Barrett, a financial planner, induced the plaintiffs, four small New Jersey corporations and their respective owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (―EPIC‖). EPIC‘s advertised tax benefits,... More...   $0 (11-08-2012 - NJ)

In this Anti-SLAPP Law1 case, the trial court determined plaintiff's complaint, which alleges a single defamation cause of action, arises from defendant's exercise of her constitutional right of free speech and that plaintiff failed to establish a probability he would prevail on those claims. We agree with the trial court that plaintiff's claims arise from the exercise of defendant's right of free... More...   $0 (11-08-2012 - CA)

Appellant, Laura Bryan, appeals the trial court’s grant of a special appearance filed by appellees, Debora Coelho Gordon and Windermere Real Estate/Lane County, in Bryan’s suit based on appellees’ alleged torts relative to their representation of Bryan in an Oregon real estate transaction. We affirm.

I. BACKGROUND

In April 2006, Bryan resided in Oregon and purchased a home ther... More...   $0 (11-03-2012 - TX)