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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)

Ute Indian Tribe of the Uintah and Ouray Reservations v. Honorable Barry G. Lawrence

This appeal arises from a contract dispute between Lynn Becker and the Ute
Indian Tribe of the Uintah and Ouray Reservation.1 Our concern, however, is not the
merits of the dispute but jurisdiction. Mr. Becker, who is not an Indian, pursued his
claim against the Tribe in Utah state court. The Tribe responded by filing suit in the
United States District Court for the District of Uta... More...
   $0 (08-25-2017 - UT)

Bruce Boatner and Carole Boatner v. Craig Reitz

These appeals concern the interplay between short-term rentals or leases of property
and deed restrictions that included a provision that “[a]ll tracts shall be used for residence purposes
only, and not for business.” The parties own property in a subdivision subject to these deed restrictions,
and Craig Reitz sued Bruce and Carole Boatner, seeking damages for past violations of the de... More...
   $0 (08-22-2017 - )

Jessica Y. Choi v. Auto-Owners Insurance Company and Haley P. Beutler

The underlying action is an automobile negligence action filed by Jessica
Y. Choi against alleged tortfeasor Haley P. Beutler and Choi's underinsured motorist
- 2 -
(UM) insurance carrier, Auto-Owners Insurance Company. Choi seeks certiorari review
of an order granting Auto-Owners' motion to sever the causes of action against the two
defendants. We conclude that because all thr... More...
   $0 (08-16-2017 - fl)

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)

Petrina Lewin and Trenton Lewin, Jr. v. Mission Bend No. 5 Homeowners Association, Inc.

Mission Bend No. 5 Homeowners Association, Inc. sued property owners Petrina and Trenton Lewin for unpaid annual assessments and other fees.1 After suit was filed, the Lewins made a payment to the Association. To seek the remaining balance it felt was owed on the Lewins’ account, the Association filed a
1 Petrina and Trenton Lewin are siblings. The property they own together was gifted to them... More...
   $0 (07-14-2017 - TX)

Los Angeles Unified School District v. Safety National Casualty Corporation

SUMMARY
The question in this case is whether the procedural
provisions of the Federal Arbitration Act (FAA, 9 U.S.C. § 1 et
seq.) apply to a motion to compel arbitration in a California state
court, where the arbitration agreement is governed by the FAA
(because it involves interstate commerce), but the agreement has
no choice-of-law provision, and no provision stating the ... More...
   $0 (07-13-2017 - CA)

United States of America v. Jessica Scott Federal Courthouse - San Francisco

San Francisco, CA - San Francisco International Airport Security Screener Sentenced To A Year In Prison For Her Role In A Conspiracy To Obstruct The Transportation Security Administration

Jessica Scott, an employee of Covenant Aviation Security (CAS), a private company that contracts with the Transportation Security Administration (TSA), was sentenced July 5, 2017 to one year and a day i... More...
   $0 (07-09-2017 - CA)

Tustin Field Gas & Food, Inc. v. Mid-Century Insurance Company

This case involves a question of insurance coverage: When
has a building or part of a building “collapsed” if that term is left
undefined in an insurance policy? The gas station owner in this
case demanded that its insurance company pay up when the
fiberglass sheath of one of its underground gasoline storage tanks
split after resting on a rock for 16 years. On cross-motions for... More...
   $0 (07-05-2017 - CA)

NylondaJazz Sharnese v. Ultima Real Estate, Inc., et al.

NylondaJazz Sharnese appeals a take-nothing judgment following a bench trial in her suit against Jose Lopez, Miguel Angel Silva, and Rebecca Rodriguez. Sharnese challenges the trial court’s exclusion of evidence she tried to present at trial. She also contends the trial court erred by failing to file findings of fact and conclusions of law, granting judgment in favor of appellees, and demonstratin... More...   $0 (06-23-2017 - )

Whataburger, Inc., ET AL. v. Whataburger of Alice, LTD.

The underlying dispute arises out of a 1993 settlement agreement between Appellee Whataburger of Alice, Ltd. (“WOA”), and Appellants Whataburger, Inc.; CA Development LLC; CA Real Estate LLC; Cinco Aguilas LLC; Tres Aguilas Enterprises LLC; Tres Aguilas Management LLC; Whataburger International LLC; Whataburger Real Estate LLC; Whataburger Restaurants LLC; Whataburger Ventures, LLC; Whataburger Su... More...   $0 (06-23-2017 - )

Carmen Zubillaga v. Allstate Indemnity Company

In this first party insurance bad faith action, the question is whether the
court properly granted summary judgment for the insurer, based on the “genuine dispute”
doctrine. (See Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713, 723 (Wilson).)
Plaintiff Carmen Zubillaga was injured in an automobile accident. The
other driver was at fault. Her insurer, defendant Allstate Indemn... More...
   $0 (06-20-2017 - CA)

David G. Turner v. Wells Fargo Bank, N.D., et al.

This appeal arises from the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order granting Appellees’1 motion to dismiss Rosanna Mac Turner’s and David Turner’s (“Appellants” or “Turners”) Adversary Complaint without leave to amend.
The Turners are the borrowers and Trustors on a Deed of Trust (“DOT”) for residential property in Livermore, California. The DO... More...
   $0 (06-19-2017 - CA)

Lakeside Village Homeowners Association, Inc., Principal Management Group of North Texas, and Principal Management Group, Inc. v. Alfred "Corky" Belanger and Michael Drennan

This appeal arises from two townhome duplex owners, Alfred “Corky” Belanger and Michael Drennan, who brought breach of contract, trespass, negligence, and diversion of water claims against their homeowners association and its management company.
FACTUAL AND PROCEDURAL BACKGROUND
Lakeside Village
Lakeside Village is a gated townhome community comprised of 498 units by a lake in Rockwall... More...
   $0 (06-17-2017 - TX)

Columbia North Hills Hospital Subsidiary, L.P. d/b/a North Hills Hospital v. Marcelo Gonzales, Individually and o/b/o the Estate of Rebecca Gonzales, Deceased, Jeremiah Gonzales, Marcelo Gonzales Jr., Rose Ann Gonzales, Melissa Gonzales, Michelle Gonzales, Dave Gonzales, David Gonzales, and Mark Gonzales

In this appeal, we are asked to decide whether a medical expert’s report was sufficient to establish causation such that it met the statutory requirements to avoid dismissal of the claims addressed in the report. Because we conclude that the trial court did not abuse its discretion by finding that the report was an objective, good-faith effort to explain the causal relationship between the breach ... More...   $0 (06-02-2017 - TX)

Macadam Bay Homeowners Association v. David Soyster, Joy Soyster and James Idle

Defendants David Soyster, Joy Soyster, and James
Idle appeal from a general judgment granting declaratory
relief to plaintiff Macadam Bay Homeowners Association
(Macadam Bay). On appeal, defendants assign error to the
trial court’s grant of Macadam Bay’s motion for summary
judgment. Defendants contend that the trial court incorrectly
concluded, as a matter of law, that defe... More...
   $0 (06-01-2017 - OR)

Annalia Montany v. University of New England and Scott McNeill Federal Courthouse - Boston, Massachusetts

Annalia Montany appeals from
the entry of summary judgment in favor of the University of New
England (UNE) and Scott McNeil (collectively, defendants). We
affirm.
BACKGROUND1
Montany was a student in UNE's two-year occupational therapy
master's degree program. The program requires its students
to take practical exams, in which program instructors act as mock
patient... More...
   $0 (05-31-2017 - ME)

California Fair Plan Association v. Garnes

In 2011, Marlene Garnes’s family home in Richmond, California was seriously
damaged by a kitchen fire. She had purchased a fire insurance policy for the property,
with a policy limit of $425,000 (the Policy), from California FAIR Plan Association
(FAIR), California’s insurer of last resort. The dispute in this case and the issue on
appeal is how much coverage Garnes is entitled to ... More...
   $0 (05-27-2017 - CA)

Benny Vance v. Mark C. Popkowski

This appeal arises from a dispute over the enforcement of deed restrictions. The purchasers of deed-restricted property in a residential subdivision began operating a business from a single-family residence located on the property.
2
Appellants Benny Vance and Pierre Metzener, who also own property in the
subdivision, claimed that the operation of the business violated the deed
res... More...
   $0 (05-25-2017 - TX)

Aisha A. Krechuniak v. Zia Jamal Noorzoy

I. INTRODUCTION
This appeal challenges an order enforcing an agreement between two siblings,
Aisha A. Krechuniak (“Sister”)1
and her brother Zia Jamal Noorzoy (“Brother”), settling
litigation concerning the failed development of a residential parcel in Pebble Beach.
Sister was awarded a stipulated judgment of $850,000.00 against Brother as provided in
their “MEMORANDUM OF S... More...
   $0 (05-13-2017 - )

G & W Warren's, Inc. v. Judson V. Dabney, II

We are confronted here with issues concerning the scope of a guaranty given to
secure the buyer’s obligations under a master agreement and various subsidiary
agreements involving the purchase and sale of a motorcycle dealership. In addition, we
address the circumstances under which the liability of the guarantor, by virtue of
subsequent actions by the seller, may be exonerated.
... More...
   $0 (05-05-2017 - )

Norhill Energy LLC v. George McDaniel Young County Texas Courthouse

In three issues, Appellant Vicki Saulnier appeals an order imposing sanctions against her pursuant to rule of civil procedure 13. See Tex. R. Civ. P. 13. Because the order plainly fails to comply with rule 13’s good cause particularity requirement, we must reverse and remand.
1See Tex. R. App. P. 47.4.
2
II. BACKGROUND
Saratoga is a residential community located in Denton County, a... More...
   $0 (04-24-2017 - )

Joe Shields v. Ultimate Vacation Group, LLC d/b/a Royal Bahamas Cruise Line Harris County Courthouse - Houston, Texas

Appellee Ultimate Vacation Group LLC d/b/a Royal Bahamas Cruise Line
sued appellant Joe Shields for breach of a settlement agreement that resolved an
earlier lawsuit between the parties. Shields filed a motion to dismiss under the
Texas Citizens Participation Act, arguing that the lawsuit was related to a comment
2
he had filed with Federal Communications Commission. See TEX. C... More...
   $0 (04-23-2017 - )

Vicki Saulnier v. Danita Haase, Greg Collins, Lourinda Willey, Richard Nygren, and Scott Brown Denton County Texas Courthouse

In three issues, Appellant Vicki Saulnier appeals an order imposing sanctions against her pursuant to rule of civil procedure 13. See Tex. R. Civ. P. 13. Because the order plainly fails to comply with rule 13’s good cause particularity requirement, we must reverse and remand.
1See Tex. R. App. P. 47.4.
2
II. BACKGROUND
Saratoga is a residential community located in Denton County, a... More...
   $0 (04-20-2017 - TX)

Jay Gannaway and Stephanie Gannaway, Individually and as Next Friends of B.D.G., a Minor Child v. Pedro Nelson Chavez, M.D., and Covenant Medical Group

Appellants, Jay and Stephanie Gannaway, individually and as next friends of B.D.G., a minor child, appeal the trial court’s grant of the no-evidence summary judgment motion of appellees, Pedro Nelson Chavez, M.D., and Covenant Medical Group. The Gannaways had sued Chavez and Covenant for negligence or medical malpractice. Chavez and Covenant joined issue and eventually filed a no-evidence motion f... More...   $0 (04-07-2017 - TX)

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