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Civil Procedure Law
County of San Bernardino v. Martin Zavala Calderon, et al.

The Hospital Lien Act (HLA), which appears at Civil Code sections 3045.1 through 3045.6, provides that a hospital which provides emergency and ongoing care to a person injured by accident or through the negligent or wrongful conduct of another has a statutory lien, in the amount of the reasonable and necessary charges of the hospital, against any judgment, settlement or compromise received b... More...   $0 (03-22-2007 - CA)

John T. Shepard v. Edward MacKay Enterprises, Inc., et al.

The sole issue in this appeal is whether the Federal Arbitration Act (FAA), which makes valid and enforceable any arbitration provision in a contract "evidencing a transaction involving commerce," preempts California law allowing a purchaser of real property to bring an action in court for construction and design defects, notwithstanding an agreement to arbitrate. Plaintiff John Shepard pu... More...   $0 (03-22-2007 - CA)

James T. Carter v. Escondido Union High School District

James T. Carter sued his employer, the Escondido Union High School District (EUHSD), claiming that EUHSD wrongfully terminated his employment in violation of public policy. At trial, Carter supported his allegations by presenting evidence that EUHSD declined to "reelect" him to his probationary teaching position because, while employed as a teacher at another school district, Carter informe... More...   $0 (03-22-2007 - CA)

Shanghai Meihao Electric, Inc. v. Leviton Manufacturing Company, Inc.

Declaratory judgment defendant Leviton Manufacturing Co., Inc. ("Leviton") appeals the February 15, 2006 order of the United States District Court for the District of Maryland (1) granting plaintiff Shanghai Meihao Electric, Inc.'s ("Meihao") motion for summary judgment of noninfringement of U.S. Patent No. 6,040,967 ("the '967 patent"), No. 6,246,558 ("the '558 patent"), No. 6,381,112 ("the '1... More...   $0 (03-21-2007 - MD)

Sharyn Berg v. Meshiel Cooper Traylor, et al.

Appellants Meshiel Cooper Traylor (Meshiel) and her minor son Craig Lamar Traylor (Craig) appeal the judgment confirming an arbitration award in favor of Craig's former personal manager, respondent Sharyn Berg (Berg), for unpaid commissions under a contract between Berg, Meshiel and Craig and unrepaid loans from Berg.1 Because we find that Craig had the statutory right as a minor to disaf... More...   $0 (03-20-2007 - CA)

Directv, Inc. v. Alan J. Crespin

Defendant Alan Crespin, an attorney appearing pro se, appeals a jury verdict which found him liable to plaintiff DIRECTV, Inc. (DTV) for unlawfully receiving satellite transmissions and using them for his own benefit or for the benefit of another in violation of 47 U.S.C. § 605(a). We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and AFFIRM.


DTV is a direct broadcast satell... More...   $10000 (03-20-2007 - CO)

Melodie McAtee, et al. v. Capital One, F.S.B., et al.

Melodie McAtee, a California citizen, filed an amended complaint in California state court before the effective date of the Class Action Fairness Act of 2005 ("CAFA"), Pub. L. No. 109-2, 119 Stat 4 (2005) (codified in scattered sections of 28 U.S.C.), naming as defendants Capital One, F.S.B., Capital One Services, and John Doe defendants 1 to 20. After the effective date of CAFA, McAtee am... More...   $0 (03-17-2007 - CA)

James Drain and Rachel Drain v. Accredited Home Lenders, Inc., et al.

James and Rachel Drain, through their attorney Mike Bello, brought suit against Wells Fargo Bank, Minnesota, N.A. as trustee for ITLA Mortgage Loan Securitization 2002-1, LLC ("Wells Fargo"), Accredited Home Lenders, Inc., Fairbanks Capital Corp. ("Fairbanks"), and Basmajian T. Doyle,(1) alleging violations of several state and federal consumer protection laws. After Bello engaged in numerous i... More...   $0 (03-16-2007 - NM)

Jeff Levitz v. The Warlocks, et al.

California Rules of Court, rule 225(c) (since renumbered to Rules of Court, rule 3.1385) provides that when parties settle an entire case, the plaintiff must either (1) notify the court of the settlement and file a motion to dismiss the action, or (2) show good cause why the case should not be dismissed. (Cal. Rules of Court, rule 225(c).)1 Jeff Levitz appeals from the court's involuntary di... More...   $0 (03-14-2007 - CA)

Jayendra A. Shah, et al. v. Marilyn E. McMahon

Plaintiffs, Jayendra and Usha Shah (the Shahs), have purported to appeal from an order of the superior court awarding attorneys fees to respondent Marilyn McMahon (McMahon) following the court's order granting McMahon's motion to expunge lis pendens. (Code Civ. Proc., § 405.38) We conclude the appeal is taken from a nonappealable order, and grant McMahon's motion to dismiss the appeal.

... More...   $0 (03-14-2007 - CA)

ennifer Thorson vs. Zollinger Dental, P.A., d/b/a Advance Family Dental

Appellant challenges the district court's decision to strike from the pleadings its affirmative defense of insufficient service of process. Because (1) appellant failed to supplement its answers to interrogatories or otherwise disclose its basis for the insufficient-service defense as required by the Minnesota Rules of Civil Procedure until after the relevant statute of limitations ... More...   $0 (03-13-2007 - MN)

Eva Ayalla v. Southridge Presbyterian Church

Eva Ayalla appeals from a summary judgment granted in favor of Southridge Presbyterian Church in Ayalla's breach of contract claim. On appeal, Ayalla contends that the trial court erred in granting summary judgment because a genuine issue of material fact existed and because she entered into an enforceable contract with Southridge Presbyterian. We disagree, holding that any factual dispute was ... More...   $0 (03-09-2007 - KS)

Scott Hill, Conservator of the Estate of Katelyn Hill v. Allstate Insurance Company

Plaintiff and appellant Scott Hill, as conservator for the estate of his daughter, Katelyn Hill, who was injured in an automobile accident, appeals the following orders of the district court: one granting defendant Allstate Insurance Company's motion for partial summary judgment dated September 14, 2005, another granting Allstate's motion for summary judgment dated January 24, 2006, and the f... More...   $0 (03-09-2007 - CO)

Kunal Padhiar v. State Farm Mutual Automobile Insurance Company

Plaintiff and appellant Kunal Padhiar appeals the denial of his motion for summary judgment and the grant of defendant State Farm Automobile Insurance Company's motion for summary judgment in this action seeking reformation of an automobile insurance contract. We affirm.(1)


The Colorado legislature enacted the Colorado Auto Accident Reparations Act ("CAARA" or "No-Fault A... More...   $0 (03-09-2007 - CO)

Riverwood Commercial Park, LLC, and Tom S. Freidt v. Standard Oil Company, Inc., a/k/a BP, and Tesoro Refining and Marketing Company

[1] Riverwood Commercial Park, LLC, and Tom Freidt (collectively "Riverwood") have appealed from a judgment dismissing their action against Standard Oil Company ("Standard") and Tesoro Refining and Marketing Company ("Tesoro") for trespass, breach of contract, slander of title, right to quiet title, interference with prospective advantage, fraud, and nuisance. We reverse, concluding (1) the dis... More...   $0 (03-07-2007 - ND)

Jerry Davis, et al. v. Yageo Corporation, et al., etc.

These consolidated cases arise out of a corporate dispute between majority and minority shareholders over the minority shareholder's right to elect two of the five directors to the Long Life Noodle Company, Inc.'s board of directors. Plaintiffs Dux Capital Management Corp. and its agent, Jerry Davis, alleged that: Defendants, Yageo Corp. and certain of its subsidiaries and employees who ... More...   $0 (03-05-2007 - CA)

Evan R. Daniels v. Thomas H. Lavery d/b/a National Furniture Liquidators

Appellant Evan R. Daniels, pro se, appeals the trial court's judgment against him, rendered after a non-jury trial, in a suit on a sworn account brought by Thomas H. Lavery, d/b/a National Furniture Liquidators, appellee. In six issues, Daniels asserts generally that the trial court erred (1) in holding him personally liable on the alleged sworn account debt; (2) in not hearing his pending moti... More...   $0 (02-26-2007 - TX)

Mark Haire and Karen Haire v. Nathan Watson Company and Fugro South, Inc.

This is the case of the floundering foundations. In October 2001, the Haires purchased a home at 6202 Snow Ridge Court in the Hunter Pointe subdivision of Arlington. The Haires bought the residence in "as is" condition from Prudential Relocation. Sovereign Homes Corporation ("Sovereign") built the residence in question. NWC was the developer of the subdivision and according to NWC, it had n... More...   $0 (02-26-2007 - TX)

Theodore C. Swartz v. KPMG, LLP, et al.

This suit arises out of a failed tax shelter, which defendants allegedly sold to plaintiff-appellant Theodore Swartz, charging over a million dollars, even though they knew the scheme would be considered unlawful by the IRS. Among the named defendants were accounting firm KPMG, law firm Sidley Austin Brown & Wood ("B&W"), Deutsche Bank AG and Deutsche Bank Securities (collectively "DB" or... More...   $0 (02-20-2007 - WA)

Robert Thomas v. Elsy Robert

Robert Thomas, appellant pro se, appeals a judgment for divorce and custody. He raises thirteen issues, which we will address in order. Appellant and his former spouse, Elsy Robert, appellee, were previously divorced and subsequently remarried. The first divorce in a suit affecting the parent-child relationship was granted in the 103rd Judicial District Court of Cameron County. That court lost... More...   $0 (02-18-2007 - TX)

William R. Duale, et al. v. Mercedes-Benz USA, LLC

Defendant Mercedes-Benz USA, LLC ("Mercedes-Benz") appeals an award of $40,497.50 in attorney fees and costs to plaintiffs William R. and Margaret G. Duale as the prevailing parties on their cause of action for violation of the Song-Beverly Consumer Warranty Act (Civ. Code, §§ 1790 et seq.), popularly known as the automobile "lemon law."1

In its appeal, Mercedes-Benz contends the att... More...   $0 (02-16-2007 - CA)

Christopher Womack v. San Francisco Community College District, et al.

Appellant appeals from the trial court's denial of his petition for a writ of mandate brought pursuant to Code of Civil Procedure section 1085. By that petition, he sought to compel respondents to reinstate him as a regular employee in the respondent District's (hereafter District) English as a Second Language (ESL) Department on the basis that the prior level of his work in that department... More...   $0 (02-16-2007 - CA)

North Beverly Park Homeowners Association v. Jeannette A. Bisno, et al.

Defendants Jeannette and Robert Bisno (the Bisnos) appeal from an order denying their post-judgment motion to dissolve a permanent injunction.1 This appeal is their second in a lawsuit brought against them by plaintiff North Beverly Park Homeowners Association (the Association).

Beginning in 1999, the Bisnos planned to build a home in North Beverly Park, a luxury community in Beverl... More...   $0 (02-13-2007 - CA)

MBNA America Bank, N.A. v. John Gorman

On August 4, 2004, appellant obtained an arbitration award in the amount of $8,042.29 against respondent. On May 26, 2005, appellant filed a petition to confirm the arbitration award in the trial court. In an order filed on February 1, 2006, the trial court denied the petition to confirm arbitration award on the ground that under Badie v. Bank of America (1998) 67 Cal.App.4th 779 (Badie),... More...   $23490 (02-13-2007 - CA)

Betty Dukes, et al. v. Wal-Mart, Inc.

Plaintiffs filed a class action suit against Wal-Mart alleging
sexual discrimination under Title VII of the 1964 Civil Rights
Act. The district court certified the class with minor modifications
to Plaintiffs' proposed class. We have jurisdiction under
28 U.S.C. � 1292(e). For the reasons set forth below, we
affirm the district court, concluding that it did not abuse ... More...
   $0 (02-07-2007 - CA)

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