An owner of a condominium unit in a community consisting of singlefamily
homes on large parcels of land appealed the Municipality of Anchorage’s
assessment of property taxes. The owner claims that the Municipality erred by assessing
taxes against the land under and around his stand-alone condominium unit and by
inaccurately assessing the home’s value. The owner’s appeal to th... More...   $0 (07-18-2008 - )

On December 26, 2003, Appellants, "in their capacity as members of [the Church]," filed an Amended Verified Complaint. (2) Appellants alleged that the Church was a non-profit corporation (3) that had been granted a Charter of Incorporation on or about November 12, 1957 and had filed its By-Laws on May 15, 1958. They further alleged that the charter had been granted to the Church on the conditions ... More...   $0 (07-24-2008 - )

Under the recreational use statute, RCW 4.24.200 and .210, landowners who allow the public to use their land for recreational purposes are generally immune from liability. An exception to the general immunity is for injury-causing conditions that are latent. William Swinehart and Heidi Swinehart brought this action seeking damages for back injuries he sustained after sliding down the Red Wagon s... More...   $0 (07-15-2008 - WA)

This is an action under the Public Records Act of the state of Washington (PRA).1 At issue is whether metadata in the electronic version of an e-mail is subject to disclosure under the PRA.2

In November 2006, Beth and Doug O'Neill commenced this action, claiming that the City of Shoreline and its deputy mayor violated the PRA in responding to Ms. O'Neill's multiple requests for p... More...   $0 (07-21-2008 - )

Dawn Palmer Golden appeals the trial court's order upholding a commissioner's order denying her motion to disqualify World Gospel Mission as a beneficiary of her parents' trust. She argues that by drafting and witnessing her parents' trust and testamentary documents naming it as a trust beneficiary, World Gospel Mission violated RPC 1.8(c),1 and it engaged in the unauthorized practice of law. W... More...   $0 (07-22-2008 - )

In this action for unpaid attorney fees, plaintiff (1) appeals from the trial court's order granting defendant's motion to set aside a default judgment. Defendant has filed a motion to dismiss the appeal for lack of jurisdiction. We conclude that the trial court's order is appealable and affirm.

Plaintiff filed this action seeking collection of approximately $15,500 in unpaid attorney fee... More...   $15000 (07-24-2008 - )

In this breach of contract action under an insurance policy, the trial court entered a general judgment in favor of defendant, and also awarded defendant attorney fees under ORS 36.425(4). Plaintiffs appeal, challenging only the award of attorney fees, and we affirm.

The facts are not disputed. Plaintiffs' breach of contract claim was referred to court-annexed arbitration. ORS 36.400 to 3... More...   $0 (07-24-2008 - OR)

Plaintiff was injured when she fell three or four feet to the ground from the front doorway of her manufactured home, into which she had moved before construction was completed. Plaintiff sued defendants, who sold and installed the home, alleging that they were negligent in failing to provide steps and handrails to the front door and in failing to secure the front door so that it could not be open... More...   $0 (07-24-2008 - OR)

Plaintiffs initiated this action to obtain title to a strip of defendants' land by way of adverse possession or boundary by agreement. The trial court rejected their claims and ruled for defendants. Defendants then sought an award of attorney fees under ORS 20.105(1) and an enhanced prevailing party fee under ORS 20.190(3), arguing that there was no objectively reasonable basis for either of plain... More...   $0 (07-24-2008 - OR)

In this appeal, we consider, for the first time, multiple sections of Nevada’s Uniform Act on Rights of the Terminally Ill (the Act), codified in NRS 449.535 through 449.690. The Act authorizes the use of three procedures by which terminally ill patients or their families can legally implement their wishes with regard to withholding or withdrawing life-sustaining treatment. First, an individua... More...   $0 (07-03-2008 - )

¶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)