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Covenants Not To Compete Law
 
Rolland Jacks v. City of Santa Barbara

Pursuant to an agreement between Southern California Edison (SCE) and
defendant City of Santa Barbara (the City), SCE includes on its electricity bills to
customers within the City a separate charge equal to 1 percent of SCE‟s gross
receipts from the sale of electricity within the City, and transfers the revenues to
the City. The City contends this separate charge, together w... More...
   $0 (07-17-2017 - CA)

E. Peter Healey v. Edwin N. Healey, Elizabeth Healey and Michael R. Healey

E. Peter Healey (Pete) appeals from an adverse judgment rendered after a jury trial in this family dispute involving duty and money. Initially brought by his father, Edwin N. Healey (Bud), against Pete and his brothers Paul C. Healey and Mark J. Healey, the suit widened when Pete named his siblings, Elizabeth Healey (Liza) and Michael R. Healey (Mike) as third-party defendants. Pete asserts ten is... More...   $0 (07-12-2017 - TX)

Barbara Lynch v. California Coastal Commission

After winter storms damaged the seawall protecting their blufftop
properties, homeowners sought a permit from the California Coastal Commission
(Commission) to build a new seawall and repair their beach access stairway. The
Commission granted the permit subject to several mitigation conditions. The
owners filed an administrative mandate petition objecting to two conditions but
... More...
   $0 (07-12-2017 - CA)

Radiant Financial, Inc. v. Faye Bagby, individually, and Bagby Investments, LP, a Limited Partnership, American Financial & Retirement Services, LLC, a Limited Liability Company

Before the Court is Radiant Financial, Inc.’s May 17, 2017 Motion for Rehearing. We deny the motion. On our own motion, we withdraw our opinion issued on April 18, 2017, and vacate our judgment of that same date. The following is now the opinion of the Court.
Radiant Financial, Inc. (“Radiant”) appeals from a judgment in favor of appellees Faye Bagby (“Ms. Bagby”), Bagby Investments, LP (“Bagb... More...
   $0 (07-10-2017 - TX)

Brian Pellham v. Let's Go Tubing, Inc., et al. Washington Supreme Court Building - Olympia, Washington

This appeal asks: does an inner tube rental company owe a duty
to warn a renter about a fallen log in a river when the log is hidden from but near the
launch site, the river's current draws the tuber toward the log, the company knows of the
fallen log, the company warns other tubers of the log, and the company chooses the
launch site? To answer this question, interests, such as exh... More...
   $0 (06-27-2017 - WA)

Aristea Hupp v. Solera Oak Valley Greens Association

INTRODUCTION
Plaintiff Aristea Hupp (Aristea) appeals judgment entered after the trial court
granted defendants Solera Oak Valley Greens Association and City of Beaumont Animal
Control Officer Jack Huntsman’s1 ex parte application to dismiss Aristea’s first amended
complaint (FAC) under the vexatious litigant provision, Code of Civil Procedure section
391.7.
2
Aristea ... More...
   $0 (06-25-2017 - CA)

Aristea Hupp v. Solera Oak Valley Greens Association

Plaintiff Aristea Hupp (Aristea) appeals judgment entered after the trial court
granted defendants Solera Oak Valley Greens Association and City of Beaumont Animal
Control Officer Jack Huntsman’s1 ex parte application to dismiss Aristea’s first amended
complaint (FAC) under the vexatious litigant provision, Code of Civil Procedure section
391.7.
2
Aristea contends the tria... More...
   $0 (06-23-2017 - CA)

Waymon Scott Hartwell and HHH Farms, LLC v. Lone Star, PCA Fanin County Courthouse - Bonham, Texas

and HHH Farms, LLC (HHH) (collectively Appellants), defaulted on the payment due on two of their loans from Lone Star, PCA (Lone Star), they sold cattle securing the loans without paying the proceeds to Lone Star. After learning of the cattle sales and that some of the proceeds were used to pay other creditors, Lone Star sued Appellants for breach of contract, breach of fiduciary duty, conversion,... 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 - )

Robert H. Dodd Sr. v. Evergreen National Construction, LLCq

Robert H. Dodd, Sr. has filed a notice of appeal of the trial court’s temporary
injunction that enjoins him from attempting to evict appellee and real party in
interest, Evergreen National Construction, LLC, from property located at 5814 John
Martin Road, Baytown, Texas (the “John Martin Property”). In two issues, Dodd
contends that the trial court erred in granting the injunction ... More...
   $0 (06-23-2017 - TX)

Salvatore Arnone v. Aetna Life Insurance Company

Section 5‐335 of the New York General Obligations Law provides that personal
28 injury settlements “shall be conclusively presumed” not to include “any compensation
29 for the cost of health care services, loss of earnings or other economic loss[es]” that
30 “have been or are obligated to be paid or reimbursed by an insurer.” N.Y. Gen. Oblig.
31 Law § 5‐335(a). When sec... More...
   $0 (06-22-2017 - NY)

David Elliott v. Google, Inc.

Between February 29, 2012, and March 10, 2012, Chris Gillespie used a domain name registrar to acquire 763 domain names that included the word “google.” Each of these domain names paired the word “google” with some other term identifying a specific brand, person, or product—for example, “googledisney.com,” “googlebarackobama. net,” and “googlenewtvs.com.”
4 ELLIOTT V. GOOGLE
Google, Inc. (... More...
   $0 (06-19-2017 - AZ)

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)

Jacobs D. Williams v. Craig Alan Anderson, Quinn Zite and Anderson Zite, LLC Utah Appellate Courts

¶1 In this interlocutory appeal, plaintiff Jacob D. Williams appeals the district court’s grant of a motion in limine preventing him from presenting damages-related evidence at trial. Challenging the basis for the court’s ruling, Williams contends that he adequately disclosed “a computation of any damages claimed” for purposes of rule 26 of the Utah Rules of Civil Procedure when he disclosed that ... More...   $0 (06-07-2017 - UT)

Michael Cohen as Director, etc. v. Callander Associates Landscape Architecture, Inc.

After Governor Brown announced his intention to dissolve redevelopment
agencies, but before the legislation passed, City of Galt entered into an agreement (the
Cooperative Agreement) with its former redevelopment agency under which the former
redevelopment agency agreed to finance several parts of the redevelopment plan, totaling
more than $22,000,000. To obtain money for the finan... More...
   $0 (06-05-2017 - 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)

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 - )

The Aptos Council v. County of Santa Cruz

BY THE COURT:
It is ordered that the opinion filed herein on March 30, 2017, be modified as follows:

On page 18, in the first full paragraph, delete the second and third sentences
entirely and the first word of the fourth sentence, so that the fourth sentence now begins:
“As argued by the County below, . . .” The first full paragraph now reads: “In its
reply brief, Aptos C... More...
   $0 (04-26-2017 - )

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

SUMMARY
Since January 1, 2008, Civil Code sections 1098 and 1098.5
have governed the circumstances under which certain fee
payments, imposed when real property is transferred, may or
may not be collected.1 In Marina Pacifica Homeowners Assn. v.
Southern California Financial Corp. (2014) 232 Cal.App.4th 494
(Marina Pacifica I), this court determined that a monthly
“assig... More...
   $0 (04-25-2017 - )

Guadalupe County v. Woodlake Partners, Inc. Guadalupe County Texas

Guadalupe County appeals the trial court’s order denying the motion for summary judgment Guadalupe County filed asserting governmental immunity. Guadalupe County contends the trial court erred in denying the motion because the evidence established as a matter of law that any damage to the value of the appellees’ property was proximately caused by the Federal Emergency Management Administration’s (... More...   $0 (04-24-2017 - )

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 - )

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)

United States of America v. John Yin

Seattle, WA - Everett Software Salesman Sentenced to Prison for Selling ‘Tax Zapper’ Software to Enable Cheating on State and Federal Taxes

Promoted and Sold Software to Restaurants Resulting in More Than $3.4 Million Tax Loss

An Everett, Washington man who worked for a Canadian company that sells point of sale computer software, was sentenced today in U.S. District Court in Seat... More...
   $0 (04-17-2017 - WA)

Bellevue Farm Owners Association v. Chad Stevens

To establish abuse of process, the claimant must prove (1) an
ulterior purpose to accomplish an object not within the proper scope of the process, (2)
an act not proper in the regular prosecution of proceedings, and (3) harm caused by the
abuse of process. Chad Stevens filed a counterclaim against Mark Baute for abuse of
process. Stevens alleged as damages that he incurred attorney... More...
   $0 (04-10-2017 - WA)

Joshua Fay v. Total Quality Logistics, LLC The Supreme Court of South Carolina

TQL is based in Ohio and provides motor carrier transport and related services including logistics and brokerage services. TQL offered Fay employment as a Logistics Sales Account Executive in November 2012. The offer of employment informed Fay he was "required to complete, sign, and return a TQL noncompete/non-disclosure agreement on [his] first day of employment." Fay accepted the offer of emp... More...   $0 (04-02-2017 - SC)

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