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Condominium Law
 
San Francisco Apartment Association v. City and County of San Francisco

To reduce the number of no-fault evictions of families with children and educators
during the school year, the City and County of San Francisco and the San Francisco
Board of Supervisors (collectively, the City) barred such evictions. The trial court
concluded state law preempted this ordinance and the City appeals. We agree with the
City that the ordinance is not preempted, and re... More...
   $0 (02-15-2018 - CA)

San Francisco Apartment Association v. City and County of San Francisco

We must determine whether a San Francisco city
ordinance limiting the rights of landlords to commence and
conduct buyout negotiations is consistent with the federal
and state constitutions. We do not, as we must not, evaluate
the policy merits of the ordinance. Appellants—an
individual property owner and several organizations that
represent landlords’ interests in San Franc... More...
   $0 (02-09-2018 - CA)

Henry Mu v. Omni Hotels Management Corporation, a/k/a Omni Hotels District of Rhode Island Federal Courthouse - Providence, Rhode Island

During the early hours of
August 24, 2014, an unidentified group of individuals assaulted
Appellant Henry Mu ("Mu") in the lobby of the Omni Providence Hotel
(the "Hotel"), which Appellee Omni Hotels Management Corporation
("Omni") operates. Mu sued Omni for negligence. The district
court granted summary judgment to Omni, finding Mu's claims
deficient with respect to three ... More...
   $0 (02-07-2018 - RI)

McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

Heron Bay Homeowners Association v. City of San Leandro, Halus Power Systems, Real Party in Interest

Real parties in interest Halus Power Systems and Louis A. Rigaud individually
and dba Halus Power Systems (collectively, Halus Power), appeal from the trial court’s
post-judgment order granting in part plaintiff Heron Bay Homeowners Association’s
(Heron Bay HOA’s) motion for attorneys’ fees pursuant to Code of Civil Procedure1
section 1021.5. Defendant City of San Leandro (San Lean... More...
   $0 (01-15-2018 - CA)

UNITED STATES OF AMERICA v. MICHAEL DAVID SCOTT Former Real Estate Developer Sentenced to Prison for Orchestrating Massive Mortgage Fraud

In February 2008, the government began investigating
Scott as a result of a civil case case against him in Massachusetts
state court involving a mortgage fraud scheme Scott operated in
and around Boston. Scott purchased multi-family homes, divided
them into condominium units, and then recruited straw buyers to
purchase the units at prices favorable to Scott. He attracte... More...
   $0 (12-30-2017 - MA)

Pacific Gas and Electric Company v. Hart High-Voltage Apparatus Repair and Testing Co., Inc.

Plaintiff Pacific Gas and Electric Company (PG&E) sued defendant HART HighVoltage
Apparatus Repair and Testing Co., Inc. (HART) for negligently servicing a large
transformer at a hydroelectric power plant and for damages under Public Utilities Code1
section 7952. PG&E alleged it incurred dirct and indirect costs of approximately $8.1
million.
HART filed a motion for summary adj... More...
   $0 (12-14-2017 - CA)

Juan Acra, Secner USA, LLC, Secner HR S.A. DE C.V. and North American Secner Holdings, LLC v. Giovanni Bonaudo and Maria Jilma Maldonado Dallas County Courthouse - Dallas, Texas

The underlying cause of action in this appeal stems from a business dispute among Juan Acra, Giovanni Bonaudo, and Bonaudo’s wife, Maria Jilma Maldonado. The dispute concerns services Bonaudo provided Acra and the corporate appellants, businesses controlled by Acra. The final judgment awards Giovanni Bonaudo, in relevant part, $403,488.72 in compensatory damages. The judgment is against appellants... More...   $0 (12-08-2017 - TX)

United States of America v. Michael David Scott District of Massachusetts Federal Courthouse - Boston, Massachusetts

Michael David Scott appeals
from his conviction and sentence for wire fraud, bank fraud, and
money laundering, associated with a mortgage fraud scheme
perpetrated in the Boston area. His principal argument is that
the government unfairly procured his guilty plea by misusing
information he provided during proffer sessions. He also
challenges his sentence. For the following r... More...
   $0 (12-08-2017 - MA)

Justin Isaih Soliz v. The State of Texas Texas First Court of Appeals

The aggravated assault with a deadly weapon charge against Soliz resulted
from an incident in which he and his friend, Tony Webber, visited a convenience
store in Houston. As they entered the store, the clerk noticed Webber had a black
semiautomatic handgun tucked into his waistband. The clerk told Webber he could
not bring a gun into the store. Webber swore and threatened t... More...
   $0 (11-20-2017 - TX)

Garden Oaks Maintenance Organization v. Peter S. Chang and Katherine M. Chang Harris County Courthouse - Houston, Texas

This case involves the attempted enforcement of a deed restriction against building more than a single one-car or two-car garage on a property located in the Garden Oaks, Section 3, Subdivision (the “Subdivision”). Appellant Garden Oaks Maintenance Organization (“GOMO”) filed suit against appellees Peter S. Chang and Katherine M. Chang seeking a permanent injunction to have the Changs remove
2... More...
   $0 (11-15-2017 - TX)

State of Tennessee v. Zachary Michael Johnson Nashville rape suspect arrested in Lauderdale-by-the-Sea

This case stems from sexual activity that occurred between the Defendant and the victim, S. K.,1 who had met online, on the evening of May 27-28, 2014, during their first and only in-person date. After drinking together at a bar, the Defendant and the victim went to the Defendant’s condominium, where they drank more alcohol together before engaging in sexual contact that began with consensual kis... More...   $0 (11-07-2017 - TN)

Linda Linn and Mark Shuck v. Pat Montgomery, Chisty Schrader and Brad Allen Iowa Supreme Court

In this appeal, a plaintiff asks our court to decide if the district
court properly granted summary judgment and partial summary
judgment on his defamation claim based on the running of the statute of
limitations. Additionally, we must determine if the court properly
granted summary judgment on the plaintiff’s malicious prosecution claim
on the ground the defendants merely furn... More...
   $0 (10-27-2017 - IA)

HDH Partnership, et al. v Hinsdale County Board of Equalization

¶ 1 In this case we are tasked with determining whether owners of
fishing and hunting memberships, HDH Partnership, Lawrence
Ausherman, Mark L. Ish, Herb Marchman, Hondros Family Real
Estate, LLC, and Teresa M. Mull Revocable Trust, may be taxed for
the parcels of real estate allocated to them in their membership
agreements.
¶ 2 The parcels are part of a larger tract of lan... More...
   $0 (10-19-2017 - CO)

Protect Telegraph Hill v. City and County of San Francisco

The City and County of San Francisco (the City) approved construction of a threeunit
condominium project proposed by real parties in interest Jeremy Ricks, Tracy
Kirkham and Joe Cooper on Telegraph Hill at 115 Telegraph Boulevard. Appellant
Protect Telegraph Hill argues that the approval was unlawful because an Environmental
Impact Report (EIR) for the project should have been prep... More...
   $0 (10-14-2017 - CA)

Tri-County Metropolitan Transportation District of Oregon v. Joseph Y. Aizawa, et al.

Ordinarily, a party entitled to recover attorney fees
incurred in litigating the merits of a fee-generating claim
also may receive attorney fees incurred in determining the
amount of the resulting fee award. See Strawn v. Farmers
Ins. Co., 353 Or 210, 234, 297 P3d 439 (2013) (awarding
so-called “fees on fees” to which no objection was raised);
Crandon Capital Partners v. Sh... More...
   $0 (10-05-2017 - OR)

United States of America v. Marco Antonio Delgado Western District of Texas Federal Courthouse - El Paso, Texas

El Paso, TX - El Paso Attorney Marco Delgado Sentenced to Ten Years in Federal Prison in Connection with a Multi-Million Dollar Fraud/Money Laundering Scheme

El Paso attorney Marco Antonio Delgado (aka Marco Delgado Licon), age 51, was sentenced to ten years in federal prison in connection with a multi-million dollar wire fraud and money laundering scheme.

United States District ... More...
   $0 (09-29-2017 - TX)

Stone Haynes, Jr. v. JP Morgan Chase Bank, N.A. and Pleasure Pier Homeowners Association Jefferson County Courthouse - Beaumont, Texas

This is an appeal by Appellant, Stone Haynes Jr. (Haynes or Appellant), from the trial court’s orders granting summary judgments to Appellees, JP Morgan Chase Bank, N.A. (Chase), and Pleasure Pier Homeowners Association (HOA) (collectively Appellees). Haynes filed a pro se “Application for Temporary Restraining Order and Original Petition for Declaratory Judgment” (Original Petition) on June 7, 20... More...   $0 (09-23-2017 - TX)

Richard Healy v. Cox Communications, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

Cox Cable subscribers cannot access premium cable services—features such as
interactive program guides, pay-per-view programming, and recording or rewinding
capabilities—unless they also rent a set-top box from Cox. Dissatisfied with this
arrangement, a class of plaintiffs in Oklahoma City (“Plaintiffs”) sued Cox under the
antitrust laws. They alleged that Cox had illegally tied ca... More...
   $0 (09-20-2017 - OK)

Susan S. Kennedy v. Res-GA Lake Shadow, L.L.C., Lake Shadow Limited, LLC, and William Kennedy Walton County Florida Courthouse - DeFuniak Springs, Florida

Susan S. Kennedy appeals an order denying her motion to vacate a writ of execution and sheriff’s deed issued on her Panhandle condominium. RES-GA Lake Shadow, LLC (RES-GA), brought proceedings supplementary to execution related to a money judgment against Ms. Kennedy’s former husband. Without impleading Ms. Kennedy into the case, RES-GA received a writ of execution and sheriff’s deed giving it a o... More...   $0 (09-06-2017 - FL)

United States of America v. Enkhchimeg Ulzubayar "Eni" Edwards

Defendant‐Appellant
Enkhchimeg Ulziibayar Edwards goes by the nickname Eni
Edwards. She was charged with two counts of witness tampering
in violation of 18 U.S.C. § 1512(b)(3) (Counts I and II)
and two counts of making false statements on an official questionnaire
for federal employment in violation of 18 U.S.C.
2 No. 16‐2253
§ 1001(a)(2) (Counts III and IV)... More...
   $0 (08-27-2017 - IL)

G. T. Leach Builders, L. L. C-Residential, G. T. Leach Construction, L. P. and Gary T. Leach v. Sapphire Condominiums Association, Inc.

Appellants G.T. Leach Builders, L.L.C.—Residential (G.T. Leach Builders), G.T.
Leach Construction, L.P., and Gary T. Leach (collectively, G.T. Leach), appeal an order
denying their motion to compel arbitration of appellee Sapphire Condominiums
Association, Inc.’s lawsuit. We affirm.
I. BACKGROUND
Sapphire V.P., L.P. (Sapphire V.P.) was a limited partnership in the business ofMore...
   $0 (08-25-2017 - TX)

PGA West Residential Association, Inc. v. Hulven International, Inc.

In its lawsuit against Hulven International, Inc. (Hulven) and various other
defendants, PGA West Residential Association, Inc. (PGA West) alleged defendant
Dempsey Mork1 tried to fraudulently insulate the equity in his condominium from
creditors by naming Hulven, a sham corporation entirely owned and controlled by Mork,
as the beneficiary of a deed of trust and note, and by later ... More...
   $0 (08-10-2017 - CA)

Dennis M. Rush v. White Corporation

Spanish Peaks is a 3000-acre luxury resort in Big Sky Country, Montana, a
development begun in 2002 by Spanish Peaks Holdings II, LLC (Holdings). The
featured residences at Spanish Peaks were to be “high end settlement cabins,” to be
constructed close to a massive lodge, which was to be the centerpiece of the
development, containing restaurants, stores, recreation facilities, and o... More...
   $0 (07-29-2017 - CA)

The Estuary Owners Association v. Shell Oil Company

In three cases consolidated in the trial court, the Estuary Owners Association
(EOA) and individual owners of condominiums built on the site of a former bulk fuel
distribution terminal sued successive owners and developers of the property, as well as
contractors involved in constructing the condominiums, over alleged contamination of
the soil and groundwater at the site and imprope... More...
   $0 (07-27-2017 - CA)

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