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Statute of Limitation Law
 
Donna Stofer v. Shapell Industries, Inc.

Plaintiff Donna Stofer (plaintiff) purchased a home from Dr. Marcus F. Laux.
Almost two years later, she sued the homebuilder, Shapell Industries, Inc. (Shapell), for
strict liability, negligence, and fraudulent concealment. Plaintiff claimed Shapell built
the home on unstable and uncompacted “fill” soil and with an inadequate foundation,
causing “substantial differential mov... More...
   $0 (01-15-2015 - CA)

Frank J. Schuster v. Kathleen Wild

Appellants, Frank J. Schuster, individually and as executor of the estate of Frank
Schuster, Frank Schuster Farms, Inc., Frank Schuster Farms and Frank Schuster Farms,
2
Ltd., appeal from the trial court’s refusal to confirm the arbitrator’s order and its vacatur of that award. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098 (West, Westlaw through 2013 3d C.S.) (“A party may appe... More...
   $0 (01-15-2015 - TX)

The People v. Donna Marie Trujillo

In this case, and in the companion case of People v. Aguilar (Jan. 12, 2015, S213571) ___ Cal.4th ___ , we address questions related to People v. McCullough (2013) 56 Cal.4th 589, which held that a defendant forfeits an appellate challenge to the sufficiency of evidence supporting a jail booking fee imposed under Government Code section 29550.2, subdivision (a), if the fee is not first challenged ... More...   $0 (01-12-2015 - CA)

Coastal Surgical Institute v. Charles Blevins

Insurance Code section 11583 provides that the applicable statute of limitations is tolled when advance or partial payment is made to an injured and unrepresented person without notifying him of the applicable limitations period. In this first impression case we hold that the tolling provisions of section 11583 apply to the one-year limitations period for medical malpractice actions.
Coastal S... More...
   $0 (01-12-2015 - CA)

Walter c. Minnick v. Hawley Troxell Ennis and Hawley, L.L.P.

Walter Minnick and A.K. Lienhart Minnick, husband and wife (collectively Minnicks), brought a professional malpractice action against the law firm Hawley Troxell Ennis and Hawley, LLP (Hawley Troxell), alleging negligence in rendering services in connection with a real estate development project. On motion of Hawley Troxell for summary judgment, the district court dismissed the action as time-barr... More...   $0 (01-09-2015 - ID)

Jay Marc Harris v. Fiesta Texas, Inc., d/b/a Six Flags-Fiesta Texas, and Six Flags Corporation

Jay Marc Harris appeals the trial court’s orders granting summary judgment in favor of the appellees, Fiesta Texas, Inc. d/b/a Six Flags-Fiesta Texas, and Six Flags Corporation (“Six Flags”). Harris contends the trial court erred in granting summary judgment because: (1) he presented evidence to support his discrimination claims; and (2) his claims are not barred by limitations. Holding that... More...   $0 (01-07-2015 - )

William M. McDermott v. Marcus, Errico, Emmer & Brooks, P.C.

We are, once again, called upon
to interpret and apply the Massachusetts consumer protection
statute, Mass. Gen. Laws ch. 93A ("Chapter 93A"). This case has
humble origins: a seemingly-simple dispute over several $25 late
fees the Pondview Condominium trustees charged to one of their
residents, appellant William McDermott ("McDermott"), after he
didn't pay his condominium f... More...
   $0 (12-29-2014 - MA)

Stan Lee Media, Inc. v. The Walt Disney Company

Over the course of the last three-quarters of a century, Marvel Enterprises
created a comic universe of unparalleled proportions. With comic-book legend
Stan Lee at the helm as editor-in-chief of its comic-book division, Marvel
constructed a fictional landscape of imaginative superheroes, elaborate narratives,
and overlapping storylines. During this time period, the commercial popu... More...
   $0 (12-23-2014 - CO)

Mesa Shopping Center-East, LLC v. Robert O. Hill

“[T]he party prevailing on the contract” in a breach of contract action is entitled to recover reasonable attorney fees if the contract “specifically provides” for such recovery. (Civ. Code, § 1717, subd. (a); see Code Civ. Proc., § 1033.5, subd. (a)(10)(A).) But “there shall be no prevailing party” if “an action has been voluntarily dismissed” (Civ. Code, § 1717, subd. (b)(2)),... More...   $0 (12-23-2014 - CA)

United States of America v. Howard O. Kieffer

Defendant-Appellant Howard Kieffer has appealed from the district court’s
First, Third, and Fourth Amended Judgments sentencing him. After entering the
First Amended Judgment, the district court entered a Second Amended Judgment,
only to later vacate and replace it with the Third and Fourth Amended Judgments.
Mr. Kieffer asserts that the district court lacked authority to enter t... More...
   $0 (12-22-2014 - CO)

Wendolyn Messner v. Mark L. Boon

Wendolyn Messner, as the administratrix of the estate of Delbert M. Messner, filed suit May 14, 2013, against an attorney, alleging that the attorney had been negligent and had breached his fiduciary duty in the attorney’s legal representation of both Delbert (during his lifetime) and the executrix of his estate, Juanita Bengel (Delbert’s niece), after Delbert’s demise. The trial court grant... More...   $0 (12-19-2014 - TX)

Manuel Tabarrejo v. Princess Retirement Homes, Inc.

Petitioner Manuel Tabarrejo was employed as a caregiver by real party in interest Princess Retirement Homes, Inc. (PRH). After Tabarrejo left his employment, he filed a claim with the Labor Commissioner for unpaid wages and other wage-related claims. The Labor Commissioner awarded Tabarrejo $131,096.77.
PRH appealed the Labor Commissioner’s order to the superior court and posted the undertak... More...
   $0 (12-18-2014 - CA)

In the Matter of the Estate of Sweetie J. Boyle, Decased

This is an appeal from the County Court at Law No. 2 of Midland County, sitting in probate. A bank that was a predecessor in interest of Appellee, JPMorgan Chase Bank, National Association (JPMorgan), filed the underlying probate proceeding in 1996. The bank’s successor in interest filed a petition for declaratory judgment in the probate proceeding in 1999. Appellant, Richard D. Jones Jr. (Jones... More...   $0 (12-18-2014 - TX)

Walter E. Quezada v. Leslie Alese Fulton

The trial court granted appellee Leslie Fulton’s motion for summary judgment based on the statute of limitations. In one issue, appellant Walter Quezada argues that the trial court erred by granting the motion because he diligently pursued service of citation on appellee. We affirm the trial court’s judgment. Because all issues are settled in law, we issue this memorandum opinion. TEX. R. APP.... More...   $0 (12-18-2014 - TX)

Helen Lin v. Mireya B. Coronado

Plaintiff Helen Lin (Lin) appeals from a judgment entered on an order sustaining a demurrer without leave to amend in favor of defendant Mireya B. Coronado (Coronado). In her operative first amended complaint, Lin alleges she “pooled” her $150,000 with $100,000 provided by River Forest Financial LLC (River Forest) and Elevation Investments LLC (Elevation) “in partnership for the purchase” ... More...   $0 (12-18-2014 - CA)

Aracely Salazar v. Abilio Coello, M.D.

In this medical malpractice action, Plaintiff-Appellant Aracely Salazar
(“Salazar”) appeals the entry of summary judgment in favor of Defendants-
Appellees Martin Moliver, M.D. (“Dr. Moliver”), Opal Hew, CRNA (“Hew”) and
Drs. Ellis, Rojas, Ross & Debs, Inc., d/b/a Kendall Anesthesia Associates
(“KAA”).1 We reverse, finding that Salazar’s pre-suit Notice of Intent ... More...
   $0 (12-17-2014 - FL)

Hyundai Amco America, Inc. v. S3H, Inc.

Hyundai Amco America, Inc. (Hyundai Amco), and S3H, Inc. (S3H), entered into a subcontractor services agreement. Their agreement provided that disputes would be subject to arbitration. Hyundai Amco sued S3H for breaching the agreement, as well as for other related causes of action. S3H filed a motion to compel arbitration; the trial court denied the motion on the ground that S3H had failed to alle... More...   $0 (12-17-2014 - CA)

Stephens & Stephens, XII, LLC v. Fireman's Fund Insurance Co.

Fireman’s Fund Insurance Co. issued an insurance policy covering loss from property damage, including rent, on a building owned by plaintiff Stephens & Stephens XII, LLC (Stephens XII). Three days after the policy became effective, Stephens XII discovered the property had sustained serious damage from burglars who stripped it of all electrical and other conductive materials. Stephens XII sought ... More...   $0 (12-17-2014 - CA)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation and Marianthi Lansdale

This litigation between plaintiff Marina Pacifica Homeowners Association (the
HOA) and defendants William Lansdale1 and Southern California Financial Corporation
(SCFC) concerns the Marina Pacifica Condominium Project (Marina Pacifica) in Long
Beach, California. SCFC appeals, and the HOA cross-appeals, from the judgment after a
bench trial. The parties’ dispute centers around a m... More...
   $0 (12-16-2014 - CA)

Ventura Foothill Neighbors v. County of Ventura

As Oliver Wendell Holmes said: "Men must turn square corners when they deal with the Government." (Rock Island A. & L.R. Co. v. United States (1920) 254 U.S. 141, 143; 65 L.Ed. 188, 189.) Our own California Supreme Court remarked: " 'It is hard to see why the government should not be held to a like standard of rectangular rectitude when dealing with its citizens.' [Citation.]" (Farrell v. County o... More...   $0 (12-15-2014 - CA)

Monique Hudson v. County of Los Angeles

A former deputy in the Sheriff’s Department of Los Angeles County, while on temporary disability leave resulting from knee injuries, was discharged from her employment on grounds later found by the county Civil Service Commission to be unjustified. During the long Civil Service Commission proceedings leading to its order restoring her employment, however, the county’s retirement authority gran... More...   $0 (12-14-2014 - CA)

Pacific Corporate Group Holders, LLC v. Thomas Peck

Pacific Corporate Group Holdings, LLC (PCGH) brought this action against its former employee, Thomas Keck, seeking to collect on a promissory note. Keck defended against the action by claiming that any money that he owed PCGH was offset by monies that PCGH owed him. Keck also filed a cross-complaint against PCGH seeking damages for unpaid bonus and severance payments that he claimed were due to hi... More...   $0 (12-12-2014 - CA)

Emmanuel Ellul v. Congregation of Christian Brothers, Order of the Sisters of Mercy, Catholic Religious Order

In Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), the Supreme
Court held that, with very limited exceptions, the Alien Tort Statute, 28 U.S.C. §
1350 (“ATS”), does not apply extraterritorially to conduct that occurs outside the
United States. 133 S. Ct. at 1665. The actions that form the basis of this case
occurred far from the United States and many decades ago.... More...
   $0 (12-12-2014 - NY)

Ki Son Willis v. Michael Gentry d/b/a McDonalds and McDonalds Corporation

COMES NOW the Plaintiff, Ki Son Willis, through her attorney of record; Dartkl E Smolen, of Smolen, Smolen & Roytman, PLLC and brings this action against thç.. Defendants, Micheal Gentry d/b/a McDonalds and 2GRM, LLC, a domestie, lirnite&: liability company, for violations of her constitutionally protected rights arising diit cf her employment and temlination by said Defendants.
PARTIES, JURI... More...
   $0 (12-09-2014 - OK)

United States of America v. David Kevin Lewis

David Kevin Lewis challenges his convictions for one count of conspiracy to commit securities fraud and twenty-three counts of securities fraud. For the following reasons, we AFFIRM the convictions.
I. BACKGROUND
David Kevin Lewis was indicted alongside co-defendant Bruce Kyle Griffith on one count of conspiracy in violation of 18 U.S.C. § 371 and twenty-three counts of securities fraud a... More...
   $0 (12-08-2014 - TX)

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