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Detainer Law
 
STATE OF KANSAS v. PABLO CONSTANTINO

On December 24, 2014, Kiowa County Deputy Sheriff Danny McDorman was observing traffic on U.S. Highway 54, between Greensburg and Haviland, Kansas. Although U.S. Highway 54 is mostly a two-lane highway between Greensburg and Haviland, McDorman's patrol car was located about one-fourth of a mile before the end of a four-lane limited stretch of highway.

A little bit after noon, Deputy M... More...
   $0 (06-23-2018 - KS)

Derek W. Cole v. City of Aurora, Colorado, et al. Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Derek W. Cole, a Colorado-licensed attorney appearing pro se, appeals the
district court’s dismissal of his claims against the City of Aurora, the Aurora City
Council, the Aurora Police Department, Sergeant Tim E. Genaro, several other
named individuals, and multiple Doe defendants. We exercise jurisdiction under
28 U.S.C. § 1291 and affirm.
I. BACKGROUND
Mr. Cole leased sp... More...
   $0 (06-19-2018 - CO)

John Nist v. Steven Hall Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

A good faith purchaser is “[a] purchaser who buys
without notice of circumstance which would put a person of
ordinary prudence on inquiry as to the title, or as to an
impediment on the title, of a seller.” (Black’s Law Dict. (6th ed.
1992) p. 693, col. 2.) The trial court found that respondent,
Steven Hall, was a good faith purchaser at a lien sale and
acquired the contents... More...
   $0 (06-03-2018 - CA)

STATE OF IOWA vs. WONETAH EINFELDT

Wonetah Einfeldt and her two daughters were charged with willful injury causing bodily injury over a physical altercation between the three women and a fourth woman named Mulika Vinson on July 14, 2015. The case went to trial and the defendants were tried jointly. Prior to trial, the State sought to exclude all character evidence about the victim, Vinson. This included evidence related to Vinso... More...   $0 (05-05-2018 - IA)

STATE OF KANSAS v. DMITRI WOODS

Dmitri Woods appeals his bench trial conviction for two counts of battery of a state correctional officer, raising four issues. We agree the State failed to have the trial within 180 days of Woods exercising his right to be tried under the Uniform Mandatory Disposition of Detainers Act (UMDDA), and, as a result, the district court lost jurisdiction to try him. With this ruling, we decline to addre... More...   $0 (04-14-2018 - KS)

Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism

Code of Civil Procedure section 425.16 (§ 425.16), California’s so-called
anti-SLAPP (strategic lawsuit against public participation) statute, is intended to
resolve quickly and relatively inexpensively meritless lawsuits that threaten free
speech on matters of public interest. When it applies, section 425.16 permits a
defendant to file a special motion to strike a cause of action ... More...
   $0 (04-03-2018 - CA)

Heriberto Ponce v. Wells Fargo Bank

The trial court found that Ponce and Aranda’s complaint was presented primarily for an
improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the
cost of litigation. (§ 128.7, subd. (b)(1).)
On appeal, Ponce and Aranda argue that the claims asserted in their complaint
were not frivolous and therefore, could not have been asserted for an improper purpos... More...
   $0 (03-17-2018 - CA)

California DUI Lawyers Association v. California Department of Motor Vehicles

The California DUI Lawyers Association and attorney
Stephen R. Mandell (collectively, CDLA) brought a taxpayer
action against the California Department of Motor Vehicles and
Jean Shiomoto, director of the Department (collectively, DMV).
CDLA alleged that the DMV conducts administrative hearings to
determine whether automatic suspension of a driver’s license is
warranted aft... More...
   $0 (03-03-2018 - CA)

Area 51 Productions, Inc. v. City of Alameda

Area 51 Productions, Inc. (Area 51), an event planning company, had a longstanding
relationship with the City of Alameda (the City) to license the use of certain
City property to Area 51 for events Area 51 helped plan and promote with third-party
companies. The City relied on PM Realty Group, L.P. (PM) to assist it with managing
these license arrangements. Due to various problems a... More...
   $0 (02-21-2018 - CA)

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)

Hong Sang Market, Inc. v. Vivien Peng

These appeals arise out of a commercial tenancy dispute. In one appeal, defendant
and cross-complainant Vivien Peng challenges a judgment awarding damages for backdue
rent to her former landlord, plaintiff and cross-defendant Hong Sang Market, Inc.
(Hong Sang). Peng argues that a judgment in a prior unlawful detainer action against her,
in which Hong Sang was awarded one month’s ba... More...
   $0 (02-14-2018 - 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)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation

Both plaintiff and defendant appeal from a postjudgment
order concluding neither of them was the prevailing party in
litigation over an assignment fee, and consequently neither of
them was entitled to attorney fees under Civil Code section 1717
(section 1717) or to costs under Code of Civil Procedure
section 1032 (section 1032). We affirm the trial court’s order.
FACTS
... More...
   $0 (02-06-2018 - CA)

Tony R. Jimenez and Cynthia L. Jimenez v. David McGeary Tarrant County Courthouse - Fort Worth, Texas

In four issues, Tony and Cynthia Jimenez appeal from the trial court’s
judgment awarding possession of real property to Appellee David McGeary. We
affirm.
Background
In August 2010, Metlife Home Loans foreclosed on the Jimenezes’ home
and then sold the property to Federal National Mortgage Association. Jimenez v.
2
Fed. Nat’l Mortg. Ass’n, No. 02-15-00229-CV, 2016 WL 36... More...
   $0 (01-25-2018 - TX)

Kathleen D. McBride, as Trustee, etc. v. Byron C. Smith

Kathleen McBride (McBride) sued Byron and Kalmia Smith (the Smiths) for
violating McBride’s rights with respect to a recorded easement over the Smiths’ property.
After sustaining demurrers to several versions of McBride’s complaint, the last without
leave to amend, the trial court entered judgment in favor of the Smiths. On appeal, we
conclude that McBride stated causes of action f... More...
   $0 (01-04-2018 - CA)

STATE OF KANSAS v. RYAN ROBERT JOHNSON

Johnson was charged on December 30, 2014, with criminal threat by causing terror, evacuation, or disruption. In a separate complaint, he was also charged with criminal damage to property on the same day. At the time the charges were filed, Johnson was incarcerated in Pennsylvania and had a detainer from Kansas.

After Johnson was returned from Pennsylvania, a speedy trial determination h... More...
   $0 (12-15-2017 - KS)

MICHAEL JEFFERSON vs. IOWA DISTRICT COURT FOR SCOTT COUNTY Sexual Assault

Michael Jefferson pled guilty to a charge of sexual abuse in the third degree.
The charge was based on a sexual assault of a fourteen-year-old female when he
was twenty-one years old. There was some procedural confusion prior to
sentencing that is not relevant to this proceeding, but eventually, on November 13,
2008, Jefferson was sentenced to ten years in prison and the spec... More...
   $0 (12-06-2017 - IA)

John Jules vs. The State of Florida

The relevant factual allegations, with one notable exception,1 are not in
dispute:
Jules was a citizen of Haiti living in Miami, Florida. In 1993, Jules obtained
legal permanent resident status.
In September 1994, Jules was arrested and was subsequently charged with
seven crimes: three counts of attempted first-degree murder; one count of armed
burglary; one count ... More...
   $0 (12-02-2017 - FL)

The State of Texas v. Nathan A. Marks Tim Curry Criminal Justice Center - Fort Worth, Texas

2014
The police arrested Marks on October 18, 2014, for driving while
intoxicated, enhanced by a previous DWI conviction, a class A misdemeanor.
See Tex. Penal Code Ann. § 49.09(a) (West Supp. 2016). Marks was released
on a surety bond the same day.
2015
More than six months passed before the State filed, on May 4, 2015, an
information formally charging Marks for... More...
   $0 (11-25-2017 - TX)

Laurie B. Grady v. Nationstar Mortgage, LLC, and U.S. Bank National Association, as Trustee for Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2006-BC5 Tarrant County Courthouse - Fort Worth, Texas

After Appellant Laurie B. Grady defaulted on her home-equity loan, the
noteholder, Appellee U.S. Bank National Association, as Trustee for Specialty
Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed
Certificates, Series 2006-BC5, successfully sued for an order allowing it to
foreclose on its lien. Grady then sued U.S. Bank and the current loan servicer,
Appe... More...
   $0 (11-23-2017 - TX)

STATE OF KANSAS v. MELVIN R. WHITE


White pled guilty in 2004 to attempted possession of marijuana with the intent to sell—a drug felony, and aiding a felon—a nonperson felony. The Wyandotte County District Court sentenced White to a suspended 32-month prison sentence and placed him on 36 months' probation.

Because White was later arrested on federal charges for the sale of cocaine, in May 2006, the State moved t... More...
   $0 (11-09-2017 - KS)

Bernardo Mendia v. John M. Garcia, Ching Chang and U.S. Department of Homeland Security Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Bernardo Mendia, a naturalized U.S. citizen, was detained in county jail when Immigration and Customs Enforcement (“ICE”) agents John Garcia and Ching Chang lodged an immigration detainer placing a federal hold to pick him up when state authorities were ready to release him. Mendia sued Garcia, Chang, and the Department of Homeland Security under Bivens1 and the Federal Torts Claims Act (“FTCA”), ... More...   $0 (11-03-2017 - CA)

Tammy Fernandez v. Raj Singh

Tammy Fernandes successfully sued vexatious litigant Raj Singh and his wife
Kiran Rawat individually and as trustees of the Sita Ram--or “Sitaram”--Trust (Trust), for
wrongful eviction and related claims. She obtained an award of compensatory and
punitive damages, as well as costs and attorney fees. All defendants filed a joint notice of
2
appeal through counsel. While Rawat a... More...
   $0 (11-03-2017 - CA)

Audrey Dick v. Colorado Housing Enterprises Fifth Circuit Court of Appeals - New Orleans, Louisiana

This interlocutory appeal is from an order denying a motion for a preliminary injunction to stop a foreclosure sale.1 We DISMISS the appeal as MOOT.
I. FACTUAL AND PROCEDURAL HISTORY
In 2014, Plaintiff Audrey Dick (“Plaintiff”) and her husband borrowed $100,000 from Colorado Housing Enterprises, L.L.C. and Community Resources and Housing Development Corporation (“Defendants”). The loan was... More...
   $0 (10-05-2017 - TX)

Carol Paselk v. Bayview Loan Servicing, LLC

Bayview Loan Servicing, LLC (Bayview), purchased the property located at 330 County Road 1169, Brashear, Texas 75420 (the Property)1 at a public foreclosure sale. After acquiring a substitute trustee’s deed, Bayview sent a notice to Carol Paselk and all other occupants of the Property requesting that they vacate the premises. Because Paselk failed to timely vacate the premises, Bayview filed a sui... More...   $0 (08-10-2017 - TX)

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