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Landlord and Tenant Law
 
Hossein Shahbazian v. City of Rancho Palos verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-25-2017 - CA)

Jana Lee Flanagan and Lucas Matthew Flanagan v. RBD San Antonio LP, Davidson Hotel Company LLC and G4S Bexar County Courthouse - San Antonio, Texas

Jana Lee and Lucas Matthew Flanagan appeal traditional and no-evidence summary judgments granted in favor of RBD San Antonio L.P., Davidson Hotel Company LLC, and G4S Secure Solutions (USA) Inc. in a premises liability case based on an alleged aggravated assault at a hotel. The Flanagans contend the trial court erred in granting the summary judgments and in sustaining objections to their summary j... More...   $0 (11-23-2017 - TX)

Jean Eckford Hardaway, Et al. v. Lou Eda Korth Stubbs Nixon, Et al. Karnes County Courthouse - Karnes City, Texas

This is an appeal from a summary judgment in favor of appellees (“the Korth heirs”) regarding ownership of 147.5 acres of real property in Karnes County. The Korth heirs moved for summary judgment, asserting among other things that they acquired ownership of the entire 147.5 acres through constructive ouster and ensuing adverse possession. The trial court granted the Korth heirs’ motion for summar... More...   $0 (11-23-2017 - TX)

Hossein Shahbazian v. City of Rancho Palos Verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-22-2017 - CA)

STATE OF MONTANA v. DAVID JOHN WENDEL

David Wendel (Wendel) appeals from a January 22, 2016 District Court order
denying in part his motion in limine seeking to exclude evidence of a prior bad act. We
affirm.
¶3 On December 27, 2012, Wendel left a message with the Gallatin County Animal
Control. He complained a German Shepard dog was at large on his property, which he
believed was owned by his neighbors, Do... More...
   $0 (11-22-2017 - MT)

STATE OF LOUISIANA Vs. SHAVEZ WILEY Shavez Wiley convicted of 2011 murder, Orleans jury splits on 2 attempted murder counts

On January 17, 2012, a grand jury returned an indictment charging
Defendant with one count of second degree murder and two counts of attempted
second degree murder, violations of La. R.S. 14:30.1 and 14:27/14.30.1,
respectively. On January 23, 2012, Defendant appeared for arraignment and
entered pleas of not guilty on all charges. On January 31, 2012, Defendant filed
motio... More...
   $0 (11-20-2017 - LA)

Aleksandr Vasilenko v. Grace Family Church

Plaintiff Aleksandr Vasilenko was struck by a car as he crossed a public
street between the main premises of defendant Grace Family Church (the Church)
and the Church’s overflow parking area. Vasilenko contends that the Church
owed him a duty of care to assist him in safely crossing the public street and that
the Church was negligent in failing to do so. The Church argues that it h... More...
   $0 (11-19-2017 - CA)

United States ex rel. Academy Health Center, Inc. v. Hyperion Foundation, Inc., et al. Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Jackson, MS - Mississippi Skilled Nursing Facility, Related Companies, and Executives Agree to Pay $1.25 Million to Settle False Claims Act Allegations of Grossly Substandard Care to Facility Residents

The Department of Justice announced today that Hyperion Foundation, a Georgia not-for-profit entity (Hyperion), Julie Mittleider, a resident of Georgia and Hyperion’s former President, Alta... More...
   $1250000 (11-16-2017 - MS)

State v. Douglas J. Huntley Supreme Court of Rhode Island

Sabrina Weston (Weston) was the second-floor tenant in a three-story apartment building
located at 38 Bergen Street in Providence, Rhode Island. On April 23, 2014, at approximately
7:30 p.m., Weston heard a loud knock at the front entrance to the apartment building.1 When
Weston looked out her window, she saw two men who were unknown to her. From the second
floor Weston asked... More...
   $0 (11-14-2017 - RI)

STATE OF LOUISIANA Vs. ARDULRAUMAN ZEITOU Subject of post-Katrina book, 'Zeitoun,' sentenced to 4 years for stalking

Appellant Ardulrauman Zeitoun (“Defendant”) seeks review of his
conviction for stalking a person for whose benefit a protective order has been
issued and his sentence of four years at hard labor in the custody of the Louisiana
Department of Corrections. For the reasons that follow, we affirm Defendant‟s
conviction and sentence.
The victim, K.Z.1, met Defendant in 19... More...
   $0 (11-10-2017 - LA)

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 - )

Theodore Hayes v. Philip E. Harvey Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this appeal, we must decide whether the enhanced voucher provision of the United States Housing Act of 1937, 42 U.S.C. § 1437f(t), requires property owners to continuously renew enhanced-voucher tenancies. Theodore Hayes and Aqeela Fogle (the Hayes family) are a low-income family whose rent is subsidized by enhanced voucher assistance. Their eligibility to receive enhanced vouchers is contingen... More...   $0 (11-03-2017 - PA)

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)

United States of America v. John DeRaffele District of Massachusetts Federal Courthouse - Boston, Massachusetts

Boston, MA - Springfield Landlord Found Liable of Housing Discrimination

A Springfield landlord was found liable by a federal jury on Oct. 24, 2017, of discriminating against a family in violation of the Fair Housing Act (“Act”).

John DeRaffele, of New Rochelle, N.Y., was found liable following a five-day jury trial of discrimination based on familial status under the Fair Housi... More...
   $0 (10-31-2017 - MA)

United States of America v. Jesus Deniz Mendoza District of Montana Federal Courthouse - Billings, Montana

Billings, MT - Billings Man Sentenced to Prison for Unlawfully Possessing a Firearm

Terry Lee Feller, a 58 year-old resident of Billings was sentenced on October 25, 2017 to 33 months in prison followed by 3 years supervised release after pleading guilty to possessing a stolen firearm.

The case arose when Feller, a career thief with more than fifteen convictions dating back to ... More...
   $0 (10-29-2017 - MT)

City of West Hollywood v. Anne Kihagi

Anne Kihagi, 1263 North Crescent, LLC, and Aquat
009, LLC (collectively Kihagi) appeals the trial court
judgment in favor of City of West Hollywood (City) finding
that Kihagi violated her settlement agreement with the City
and permanently enjoining her from terminating tenancies
at 1263–1267-1/2 North Crescent Heights Boulevard in West
Hollywood. The trial court also awarde... More...
   $0 (10-28-2017 - CA)

City of West Hollywood v. Anne Kihagi

Anne Kihagi, 1263 North Crescent, LLC, and Aquat
009, LLC (collectively Kihagi) appeals the trial court
judgment in favor of City of West Hollywood (City) finding
that Kihagi violated her settlement agreement with the City
and permanently enjoining her from terminating tenancies
at 1263–1267-1/2 North Crescent Heights Boulevard in West
Hollywood. The trial court also awarde... More...
   $0 (10-27-2017 - CA)

The People of the State of New York v. Sean Garvin

In this case, we are asked to overrule our prior
decisions holding that a warrantless arrest of a suspect in the
threshold of a residence is permissible under the Fourth
Amendment, provided that the suspect has voluntarily answered the
door and the police have not crossed the threshold. We decline
to do so, and now reaffirm our longstanding rule.
I.
Defendant was convic... More...
   $0 (10-24-2017 - NY)

Dryden Oaks, LLC v. San Diego County Regional Airport Authority

In 2001, Michael Durkin used two limited liability companies—Dryden Oaks LLC
and Durkin-CAC Lot 24, LLC—to purchase two lots directly adjacent to the McClellan
Palomar Airport (Airport) in the City of Carlsbad, California (City). His development
plans for the two lots were initially successful despite determinations by the San Diego
County Regional Airport Authority (Authority) tha... More...
   $0 (10-23-2017 - CA)

Christopher Hall v. Germania Farm Mutual Insurance Association Potter County Courthouse - Amarillo, Texas

This appeal involves property insurance, damage to the insured’s property, the insurer’s attempt to adjust the claim, a dispute regarding the quantum of loss derived by the adjuster, a lawsuit filed by the insured against the insurer, an appraisal clause, the invocation of the appraisal clause by the insurer once suit was filed, an eventual appraisal, the purported tender of the appraised loss by ... More...   $0 (10-13-2017 - TX)

Santiaga Herrera v. Gloria Coronel Alejos Harris County Courthouse - Houston, Texas

Santiaga Herrera owned and lived in a house with a garage apartment. Herrera sold the property to Gloria Alejos, who financed the purchase with a note made to Herrera. After closing, Alejos’s daughter, Banesa Coronel, moved into the
2
house, and Alejos allowed Herrera to stay in the garage apartment, where she was
living at the time of the sale.
Alejos later tried to evict Herrera,... More...
   $0 (10-12-2017 - TX)

Jay Baska v. Rebecca McGuire Harris County Courthouse - Houston, Texas

Appellant, Jay Baska, challenges the trial court’s judgment in favor of appellee, Rebecca McGuire, in her suit against Baska for breach of contract and fraud. In his first through third issues, Baska contends that the statute of frauds1 bars
1 See TEX. BUS. & COM. CODE ANN. § 26.01 (West 2015).
2
McGuire’s breach-of-contract claim and, if sustained, he is entitled to a remand for
r... More...
   $0 (10-12-2017 - TX)

Charles D. Wallace v. Hattie Leslie Wallace

Charles D. Wallace and Hattie Leslie Wallace1 were divorced on January 8, 2006. The agreed divorce decree awarded both Charles and Hattie fifty percent ownership, as tenants in common, of a house and lot located at 706 Carpenter Drive, Garland, Texas (the Property), and provided a procedure for the sale of the Property. After Charles’s death on April 8, 2016, Hattie filed this suit to enforce the ... More...   $0 (10-09-2017 - TX)

United States v. Alejandro Serrano Domenech and William Serrano Domenech Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Alejandro and William Domenech appeal their
convictions for multiple firearm and drug trafficking offenses, the inculpating evidence
1
Nos. 08-1220/1221 United States v. Domenech, et al. Page 2
for which came from a warrantless search of their motel room. Because the Domenech
brothers’ legitimate expectation of privacy entitled them to suppression, we reverse.
I. Background... More...
   $0 (10-07-2017 - MI)

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)

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