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Real Estate Law
 
COALITION FOR A SUSTAINABLE FUTURE IN YUCAIPA v. CITY OF YUCAIPA et al., TARGET STORES, INC.,

In May 2005, Target Corporation entered into a contract with Palmer General
Corporation, the owner of land in the City of Yucaipa to develop a shopping center.
Under the agreement, Target agreed to purchase approximately 60 acres of the land
owned by Palmer, for the development (Project).
Target applied for a Preliminary Development Plan (PDP) and a General Plan
Amendmen... More...
   $0 (07-06-2015 - )

The People v. Daryl Lee Johnson

This case presents an issue of first impression: In fulfilling its federal constitutional duty to disclose exculpatory evidence to a criminal defendant under Brady
2
v. Maryland (1963) 373 U.S. 83 (Brady), is the prosecution entitled to direct access to peace officer personnel files? In this consolidated writ proceeding, petitioners the San Francisco District Attorney and the San Francisco... More...
   $0 (07-06-2015 - TH)

Kaci Nicole Mays v. Thomas Alexander Fabri

Norman, OK - Kaci Nicole Mays, Personal Representative of the Estate of Terry Dale Mays, deceased, sued Thomas Alexander Fabri and Service Experts, Inc. d/b/a Gordons services Experts a/k/a Service Experts Heating and Airconditioning, LLC, Peerless Indemnity Insurance Company d/b/a America First Insurance on auto negligence theories claiming;

1. On or about the 13th day of August, 2010, t... More...
   $2000000 (07-02-2015 - OK)

United States of America v. James Fitzpatrick and Bernard Morosco

BOSTON – A former executive of the Chelsea Housing Authority (CHA) and a former public housing inspector were sentenced for their roles in rigging the inspection process of federally funded housing units.

James Fitzpatrick, 63, of Acton, Mass., and Bernard Morosco, 50, of Utica, NY, were sentenced by U.S. District Court Judge Douglas P. Woodlock to three months and six months in prison, ... More...
   $0 (07-02-2015 - MA)

Donald J. Janssen v. David A. Janssen and Noble EF DLG LP

By one issue, appellant, Donald Janssen, appeals the trial court granting of appellee, Donald Janssen’s motion for summary judgment. We affirm.
2
I. BACKGROUND
Donald and David Janseen are brothers, and they are disputing the ownership of
certain mineral rights to a property previously owned by their mother, Helen. Prior to
Helen’s death in 1991, she had gifted a twenty-acre tr... More...
   $0 (07-02-2015 - TX)

Defense Resource Services, LLC v. First National Bank of Central Texas

In two issues, appellant, Defense Resource Services, LLC (“DRS”), challenges a judgment entered in favor of appellee, First National Bank of Central Texas (“FNB”). Specifically, DRS asserts that the trial court erred because it determined: (1) that FNB’s 1991 lien secured both a 1991 loan and a 2008 loan, even though the 1991 loan was paid in full; and (2) that the payment of the 1991 loan did not... More...   $0 (07-02-2015 - TX)

The People v. John Lee Cunningham

In a bench trial before the Superior Court of San Bernardino County, defendant John Lee Cunningham was convicted of the first degree murders of Wayne Sonke, David Smith, and Jose Silva. (Pen. Code, §§ 187, subd. (a), 189.1) The trial court found true the special circumstance allegations that defendant committed multiple murders and that the murders of Sonke and Smith took place during the commis... More...   $0 (07-02-2015 - CA)

Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido, Inc.

Jeffrey Epp suffered severe injuries after diving into a swimming pool at the St. Regis Resort, Monarch Beach (the St. Regis). Litigation followed, with Epp and his wife (together, the Epps) suing the owner of the St. Regis and the entities involved in the design and construction of the swimming pool. The defendants included Valley Crest Landscape Development, Inc. (Valley Crest), which was the ge... More...   $0 (07-02-2015 - CA)

United States of America v. Brandy Marie Thomas

Brandy Thomas was convicted, after a jury trial, of four counts of wire fraud
based on a scheme she perpetrated to defraud mortgage lenders by submitting false
The Honorable M. Douglas Harpool, United States District Judge for the
1
Western District of Missouri, sitting by designation.
income information on loan applications. The district court sentenced Thomasto 48 2
mont... More...
   $0 (07-02-2015 - AR)

In re: Michael James Baker and Suzie Carmen Baker

Michael James Baker and Suzie Carmen Baker, the debtors in this
bankruptcy appeal, failed to disclose in their bankruptcy schedules their interest in a cause of
action until years after the close of the bankruptcy case. After learning about the cause of action,
Douglas S. Ellmann, the bankruptcy trustee, requested that the case be reopened so that he could
pursue the cause of actio... More...
   $0 (07-02-2015 - MI)

United States of America v. Kelly Gearhart

LOS ANGELES, CA – A former Central Coast real estate developer was sentenced this morning to 168 months in federal prison for his conviction on fraud and money laundering charges after bilking investors who put millions of dollars into Central Coast real estate projects.

Kelly Gearhart, 54, who previously lived in Atascadero and currently resides in Wadsworth, Ohio, was sentenced today... More...
   $0 (07-02-2015 - CA)

United States of America v. Apple, Inc.

14 Since the invention of the printing press, the distribution of books has
15 involved a fundamentally consistent process: compose a manuscript, print and
16 bind it into physical volumes, and then ship and sell the volumes to the public.  
17 In late 2007, Amazon.com, Inc. (“Amazon”) introduced the Kindle, a portable
18 device that carries digital copies of books, known as ... More...
   $0 (07-02-2015 - NY)

Sauer Incorporated d/b/a Sauer Southeast v. Carrie D. Larson

Sauer Incorporated ("Sauer") filed an adversary proceeding objecting to the discharge of a debt
owed by Carrie Lawson ("Ms. Lawson") that she allegedly obtained
as part of a fraudulent scheme to prevent Sauer from collecting a
previous judgment from her father, James Lawson. See 11 U.S.C.
§§ 523(a)(2)(A), 523(a)(6). The bankruptcy court dismissed for
failure to state a claim ... More...
   $0 (07-02-2015 - RI)

Justine Morris v. Keith L. Humphrey

Norman, OK - Justine Morris, as administrator of the Estate of George Morris, sued Keith L. Humphrey, in his official and individual capacity as Chief of Norman Police Department, Oklahoma Highway Patrol, a law enforcement agency, City of Norman, Oklahoma, a Political subdivision, Larry Shelton, Aaron Lancaster, Jonathon Hicks and Jansen Idlett on negligence theories claiming:

COMES NOW, ... More...
   $0 (07-01-2015 - OK)

Elsie Glickert v. The Loop Trolley Trans

In 2013, four individuals—Elsie Beck Glickert, Jen Rivenes Jensen, Irene
Franklin, and Peter Sarandos—filed a five-count complaint (“the Complaint”) against
a number of defendants seeking declaratory and injunctive relief from the
1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas, sitting by designation.
-2-
organization and... More...
   $-12 (07-01-2015 - MO)

Diana Houck v. Substitute Trustee Services

Diana Houck commenced this action under 11 U.S.C. § 362(k), alleging that the defendants foreclosed on and sold her homestead in violation of the automatic stay triggered by her filing of a Chapter 13 bankruptcy petition. The district court granted the motion to dismiss filed by one of the defendants, Substitute Trustee Services, Inc. (the “Substitute Trustee”), concluding that Houck failed to all... More...   $0 (07-01-2015 - )

State of Kansas v. Raymond Carl Swint

Raymond C. Swint appeals his convictions of aggravated indecent
liberties with a child and attempted aggravated indecent liberties with a child. His
principal claim is that the district court erred by excluding evidence that the victim
allegedly recruited another child to fabricate other claims of abuse against him. Swint
also appeals the hard 25 life sentence imposed under Jessica... More...
   $0 (07-01-2015 - KS)

Frederico Santos v. Edmond G. Brown, Jr., Governor

Esteban Nunez--the son of Fabian Nunez, the former Speaker of the California State Assembly--aided in the killing of Luis Santos, the only son of Frederico and Kathy Santos, during a knife attack on October 4, 2008. The attack, initiated by Esteban Nunez and his acquaintances on Santos and on other young men, none of whom were armed, took place near the campus of San Diego State University. Among ... More...   $0 (07-01-2015 - CA)

Elise Beck Glickert v. The Loop Trolley Transportation Development District

In 2013, four individuals—Elsie Beck Glickert, Jen Rivenes Jensen, Irene
Franklin, and Peter Sarandos—filed a five-count complaint(“the Complaint”) against
a number of defendants seeking declaratory and injunctive relief from the
The Honorable Timothy L. Brooks, United States District Judge for the
1
Western District of Arkansas, sitting by designation.
-2-
orga... More...
   $0 (07-01-2015 - MO)

United States of America v. Humberto Lozano, III

SACRAMENTO, CA — Humberto Lozano III, 27, of Sacramento, was sentenced today by United States District Judge Kimberly J. Mueller to five years in prison for receiving child pornography. Lozano was ordered to begin serving his sentence on September 2, 2015. On release, he will be required to register as a sex offender.

According to court documents, in March 2013, America Online shut down... More...
   $0 (07-01-2015 - CA)

Wells Fargo Bank, N.A. v. 6354 Figarden General Partnership

This appeal presents issues of statutory construction involving Code of Civil
Procedure section 729.0601 and the calculation of the redemption price for real property
sold by judicial foreclosure. In general terms, the redemption price includes the amount
paid by the purchaser at the foreclosure sale (1) adjusted upward for certain property

1 All further statutory references a... More...
   $0 (07-01-2015 - CA)

Greg Stocker and Rebecca Stocker v. Richard Johnson

Tulsa, OK - Greg Stocker and Rebecca Stocker sued Richard Johnson claiming:

1. Plaintiffs are individuals whŘ are husband and wife, and who have their principal place of residence in Sand Springs, Tulsa County, Oklahoma.
2. Defendant is an individual ho has his principal place of residence in Sand Springs, Tulsa County, Oklahoma.
3. The activities of Defendant complained of herein... More...
   $1 (06-30-2015 - )

Rosa Elena Munoz v. City of Tracy

Plaintiff Rosa Elena Munoz appeals from a judgment dismissing her personal injury action against the City of Tracy (City) for failure to bring the action to trial within five years, as required by Code of Civil Procedure section 583.310 et seq. (Code Civ.
2
Proc., § 583.310.)1 She contends the trial court erred in dismissing her case because the parties had executed a written stipulation e... More...
   $0 (06-30-2015 - CA)

United State of America v. Louis Ruggiero

Louis Ruggiero pleaded guilty to producing child pornography, in violation
of 18 U.S.C. § 2251(a). As a condition of that plea, he reserved the right to appeal
the district court’s denial of his motion to dismiss the indictment. On appeal, he
contends that § 2251(a), both facially and as applied, is unconstitutional under the
Fifth and Sixth Amendments because it does not requi... More...
   $0 (06-30-2015 - FL)

Sherry Williams v. Grand Ledge High School

In this personal injury action arising out of a fall that occurred in a high school, plaintiff,
Sherry Williams, as next of friend for her daughter, Victoria Williams,1
a minor, appeals by right
the trial court’s order granting summary disposition to defendants, Grand Ledge High School and
Grand Ledge Public Schools, based on governmental immunity. The trial court’s order also... More...
   $0 (06-30-2015 - MI)

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