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Covenant Law
 
LAKEWOOD PROPERTY OWNERS' ASSOCIATION AND MARK HARRIS SAMUELS V. KYLE SMITH AND CHRISTINE SMITH

This case comes before us after extensive litigation and for the second time
on appeal. The record from the first appeal reveals that the Appellants‟ submitted
their plans to build their carport to the LPOA Architectural Review Committee
(ARC),1 who rejected the plans for failure to comply with the LPOA building
restrictions. Specifically, the Building Restrictions req... More...
   $0 (11-24-2017 - LA)

Baltazar Salzar Salazar and Walter Salazar Pest Control v. Hometeam Pest Defense, Inc. f/k/a Rollins HT, Inc. Lee County Courthouse - Fort Myers, Florida

Baltazar Salazar, a former pest control technician with Hometeam Pest Defense, Inc., appeals the trial court's nonfinal order granting Hometeam's motion for temporary injunction. We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(B). We
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reverse and remand for the trial court to enter an order consistent with the requirements of Florida Rule of Civil Procedure 1.610.
Background... More...
   $0 (11-20-2017 - FL)

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)

McMillin Management Services, LP v. Financial Pacific Insurance Company

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of part III.C.

McMillin Management Services, L.P. and Imperial Valley Residential Valley
Residential Builders, L.P. (collectively "McMillin")1 filed this action against numerous
insurance companies, including respondents Lexington Insurance Company (Lexington)
... More...
   $0 (11-15-2017 - CA)

Camden-Clark Memorial Hospital Corporation v. Tuan Nguyen, M.D. Supreme Court of Appeals - Charleston, West Virginia

Respondent Dr. Tuan Nguyen (“Physician”) filed a third-party complaint
against Petitioner Camden-Clark Memorial Hospital Corporation (the “Hospital”) and
alleged it discriminated and retaliated against him for reporting patient safety concerns;
he alleged violations of the West Virginia Patient Safety Act (the “Act”),1 retaliatory
discharge, and intentional infliction of emotional ... More...
   $0 (11-13-2017 - WV)

Jason Cannon v. Bodensteiner Implement Company, et al. Iowa Supreme Court

An independent contractor providing liquid manure disposal
services purchased a used Case IH tractor from a John Deere implement
dealer. When the tractor proved to be a “lemon,” the contractor brought
claims against multiple parties, including the implement dealer. The
trial court granted all of the defendants’ motions for summary judgment.
The contractor appealed and we transf... More...
   $0 (11-08-2017 - IA)

The Traveler's Property Casualty Company of America v. Actavis, Inc.

The United States faces an epidemic of addiction, overdosing, death, and
other problems brought on by the increasing use and abuse of opioid painkillers. This
epidemic has placed a financial strain on state and local governments dealing with the
epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the
County of Santa Clara and the County of Orange bro... More...
   $0 (11-07-2017 - CA)

Saefaldin Rahmati and Abdul Saeed Assadi Rahmati v. AJBJK, L.L.P. Fort Bend County Courthouse - Richmond, Texas

Appellants, Saefaldin Rahmati and Abdul Saeed Assadi Rahmati (collectively, “the Rahmatis”), challenge the trial court’s judgment, rendered after a trial to the court, in favor of appellee, AJBJK, L.L.P., in its suit against them for a
2
declaratory judgment, a permanent injunction, and damages. In three issues, the Rahmatis contend that the evidence supporting the trial court’s declarator... More...
   $0 (11-06-2017 - )

Steve Jameson v. Pacific Gas and Electric Company

Steve Jameson sued pacific Gas and Electric Company (PG&E) for wrongful
termination and breach of the covenant of good faith and fair dealing. He alleged PG&E
fired him in violation of an implied-in-fact employment contract not to terminate his
employment without good cause. PG&E moved for summary judgment on the grounds
that Jameson was an at-will employee and, alternatively, that... More...
   $0 (11-02-2017 - CA)

Maxine Stewart as Personal Representative, etc. v. The Superior Court of San Bernardino County, St Joseph's Health, Real Party in Interest

The petition in this case challenges a trial court order summarily adjudicating a
cause of action under the Elder Abuse and Dependent Adult Civil Protection Act (the
Act), a cause of action for fraud by concealment, and another for medical battery, while
allowing other claims, including one for medical negligence, to proceed to trial. Stewart
is the representative of Anthony Carter... More...
   $0 (10-16-2017 - CA)

Sargon Enterprises, Inc. v. Browne George Ross, LLP

Respondent Browne George Ross LLP (BGR) represented
appellant Sargon Enterprises Inc. (Sargon) in long-running
litigation against the University of Southern California (USC).
After that litigation concluded, Sargon filed the present legal
malpractice action against BGR. BGR petitioned to compel
arbitration, and the superior court granted the petition and
ordered the parties... More...
   $0 (09-27-2017 - CA)

David Hovannisian v. First American Title Insurance Company

David and Linda Hovannisian purchased property from Wells Fargo Bank (Wells
Fargo) at a foreclosure sale. Several months later they discovered there was a first
priority deed of trust on the property that had not been extinguished by the foreclosure.
The Hovannisians sued Wells Fargo for intentional and negligent misrepresentation based
2.
on a statement in Wells Fargo‟s... More...
   $0 (09-17-2017 - CA)

Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians

In this case, we reverse a judgment related to contractual claims that are
preempted by the Indian Gaming Regulatory Act (IGRA).
Defendant Shingle Springs Band of Miwok Indians (the Tribe) appeals from a
judgment after trial in favor of plaintiff Sharp Image Gaming, Inc. (Sharp Image), in
plaintiff’s breach of contract action stemming from a deal to develop a casino on the
Trib... More...
   $0 (09-16-2017 - CA)

Plute Home Corporation v. American Safety Indemnity Company

In this insurance defense dispute, defendant and appellant American Safety
Indemnity Company (American Safety or ASIC) challenges a judgment after court trial
that awarded over $1.4 million in compensatory and punitive damages to plaintiff and
2
respondent Pulte Home Corporation (Pulte), who was the general contractor and
developer of two residential projects in the San Marcos... More...
   $0 (09-09-2017 - CA)

Orlando Nakai v. Friendship House Association of American Indians, Inc.

For over 20 years, plaintiff Orlando Nakai (Orlando1) was employed by Friendship
House Association of American Indians, Inc. (Friendship House), a drug and alcohol
rehabilitation program providing treatment services to Native Americans. His
employment was terminated by the program’s CEO, who also happened to be his motherin-law,
after his wife informed the CEO that Orlando had a gu... More...
   $0 (09-06-2017 - CA)

Joseph Tomlinson v. Douglas Knight Construction, Inc. Utah Supreme Court of Utah - Salt Lake City, Utah

¶ 1 Utah Code section 78B-4-513(1) provides that “an action for defective design or construction is limited to” an action for “breach of . . . contract, whether written or otherwise, including both express and implied warranties.” The statute also states that such a claim may be brought only by a person who is “in privity of contract with the original contractor” or by a person with a right to sue... More...   $0 (08-30-2017 - UT)

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
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(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)

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