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Statute of Limitation Law
 
Movie Poster House, Inc. v. Heritage Auctions, Inc.

Movie Poster House, Inc. appeals the trial court’s summary judgment in favor of Heritage Auctions, Inc. In four issues, MPH contends the trial court erred because its claims are not barred by res judicata or collateral estoppel and the arbitrator abused his discretion by refusing to allow MPH to amend its statement of claims. We affirm.
In early 2008, Kenneth Mauer loaned William Hughes over... More...
   $0 (05-08-2015 - TX)

Eric Drake v. Consumers County Mutual Insurance, and Travelers Indemnity Company

Eric Drake appeals the trial court’s order granting summary judgment. In ten issues Drake challenges the authority of various judges who determined motions in the case, arguing they lacked authority to rule on the matters they considered. He also maintains the trial court’s ultimate determination that the statute of limitations barred his claims was incorrect. We affirm the judgment of the tri... More...   $0 (05-08-2015 - TX)

Robert Marzec v. California Public Employees Retirement System

These consolidated appeals concern the calculation of retirement benefits under the Public Employees’ Retirement Law (PERL), Government Code section 20000 et seq.1 The plaintiffs are former police officers and firefighters employed by local public agencies that provide employee retirement benefits through the California Public Employees’ Retirement System (CalPERS). In order to enhance their s... More...   $0 (05-08-2015 - CA)

Alberto R. Garza and Leticia I. Garza, Individually and as Next Friends of Alexandra I. Garza and Kassandra R. Garza v. Melden & Hunt, Inc.

Appellants, Alberto R. Garza and Leticia I. Garza, individually and as next friends
of Alexandra I. Garza and Kassandra R. Garza (“the Garzas”), challenge the trial court’s
2
summary judgment in favor of appellee, Melden & Hunt, Inc. (“Melden”), a surveying and
engineering firm. We affirm.
I. BACKGROUND
The underlying dispute arose as a result of flooding at the G... More...
   $0 (05-07-2015 - TX)

HERIBERTO DE LA GARZA D/B/A LUDY'S ROPA USADA v. DALIA RAMIREZ D/B/A LOS BALDOS ROPA USADA, ET AL.

Appellant, Heriberto de la Garza d/b/a Ludy’s Ropa Usada, asks us in pertinent part to reverse the trial court's order dismissing his case for want of prosecution and denying his motion to reinstate. We affirm.
I. BACKGROUND
Appellant appeals the dismissal of his claims for want of prosecution against appellees Dalia Ramirez d/b/a Los Baldos Ropa Usada, Lalo Ramirez d/b/a Los Baldos Ropa... More...
   $0 (05-07-2015 - TX)

Endura Products Corp and Novastar LP v. David A. Altemus

This is an appeal from a summary judgment order entered in favor of
Appellee, David A. Altemus. We affirm.
In 2003, Endura Products Corp and Novastar LP entered into an agreement
with World Wide Web Productions (WWWP). Under the terms of the agreement,
WWWP agreed to create a computer software system for each of Appellants’
businesses. Wesley Groves, WWWP’s Senior Program A... More...
   $0 (05-07-2015 - TX)

Richard Abrams v. Marguerite Salinas a/k/a Marguerit Y. Salinas f/k/a Marguerite Abrams and Ashely Abrams a/k/a Ashley N. Abrams

This appeal arises from an alleged breach of a provision in an agreed decree of divorce obligating the parties to share equally in the cost of their daughter’s college expenses. Appellant Richard Abrams argues the trial court erred in ruling that (1) the four-year statute of limitations did not apply and (2) he breached his contractual obligation to pay his portion of his daughter’s college ex... More...   $0 (05-06-2015 - TX)

Phil Rosemann v. Martin Sigillito

Phil Rosemann appeals the district court’s adverse grant of summary judgment
in this diversity action alleging legal malpractice against now-disbarred attorney
Martin Sigillito. We agree with the district court that in negligence cases like this
one, Missouri law requires expert-witness testimony about the duty of care owed.
Without providing an expert, Rosemann’s claim is inva... More...
   $0 (05-04-2015 - MO)

Mark S. Novak v. Michael Fay, as Trustee

Plaintiff, Mark S. Novak, seeks to enforce an attorney fee lien on assets held by the Dana Teitler Trust dated August 20, 1999 (Dana Teitler Trust). The present petition to enforce the attorney fee lien arises out of plaintiff‟s representation of Douglas Kelly between 2007 and 2012. In 2007, plaintiff and Mr. Kelly executed a contingency attorney fee agreement. The contingency fee agreement gran... More...   $0 (04-28-2015 - CA)

Thomas W. Sefton, Jr. v. Harley K. Sefton

Plaintiff Thomas W. Sefton, Jr. (Thomas Jr.) appeals a judgment awarding him $565,350, plus interest, from the estate of his grandfather, Joseph W. Sefton, Jr. (Grandfather). The probate court, interpreting our prior opinion in this matter (Sefton v. Sefton (2012) 206 Cal.App.4th 875 (Sefton I)), determined this sum to be the " 'substantial' share" of Grandfather's estate to which Thomas Jr. was e... More...   $0 (04-24-2015 - CA)

Asma Pouzbaris v. Prime Healthcare Services-Anaheim, L.L.P.

Plaintiff Asama Pouzbaris appeals from the summary judgment entered in favor of defendant Prime Healthcare Services-Anaheim LLP dba West Anaheim Medical Center. Plaintiff’s complaint alleged that while she was a patient at defendant’s hospital, she slipped and fell on a recently mopped floor that lacked any warning signs. Defendant obtained summary judgment on the ground plaintiff’s action w... More...   $0 (04-23-2015 - CA)

Drake Kennedy v. Brian Kennedy

Defendants, Brian Kennedy and, as to Skyline Outdoor Media LLC only, David Seyde, appeal from a May 13, 2014 order in favor of plaintiff, Drake Kennedy.1 The May 13, 2014 order denied defendants’ motion to stay dissolution of a number of corporations and limited liability companies and appoint appraisers to permit a buyout to occur. (Corp. Code,2 §§ 2000, 17707.03.) Defendants contend the tria... More...   $0 (04-20-2015 - CA)

Thomas Balames v. Robert V. Ginn and Brashear, L.L.P.

The appellee, Thomas Balames, filed this legal malpractice action against Robert Ginn and Brashear LLP, formerly known as Brashear and Ginn (collectively Ginn), the firm where Ginn practiced when the alleged malpractice occurred. Balames brings this action for himself and three other individuals for whom he serves as attorney in fact (collectively
Nebraska Advance Sheets
684 290 NEBRASKA R... More...
   $0 (04-17-2015 - NE)

Marsha Jerry and Jason Chambers v. Texas Department of Transportation

This is an appeal of an order granting the Texas Department of Transportation’s (TxDOT) motion filed pursuant to rule 91a of the Texas Rules of Civil Procedure. In five issues, Marsha, Jerry, and Jason Chambers argue the trial court erred by granting the motion to dismiss and by dismissing their petition for a bill of review. We affirm the trial court’s order.
BACKGROUND
This Court pre... More...
   $0 (04-17-2015 - TX)

Barry Hollman v. South Dakota Department of Social Services

[¶1.] The Department of Social Services (DSS) provided Medicaid benefits to Darlene Hollman while she was in a nursing home. At that time, Hollman had an interest in real estate. DSS did not record a lien on the property for the benefits it had provided until after Hollman died. Hollman’s children contested the lien’s validity. The circuit court granted summary judgment for DSS, ruling that t... More...   $0 (04-15-2015 - SD)

Kerwin Eagleman, et al. v. Diocese of Rapid City, et al.

[¶1.] This appeal requires us to construe statutes of limitation affecting childhood sexual abuse claims against entities that allegedly failed to take steps to safeguard children from known or suspected molesters. Plaintiffs allege that they were sexually abused sometime during the late 1950s through the early 1970s by certain priests, brothers, nuns, and others when they were children attending... More...   $0 (04-15-2015 - SD)

Spencer Curtiss v. State of North Dakota

[¶1] Spencer Curtiss appealed from a district court order summarily dismissing his second application for post-conviction relief. In December 2010, a jury convicted Curtiss of gross sexual imposition, and we summarily affirmed his conviction on appeal. State v. Curtiss, 2011 ND 175, 803 N.W.2d 834. In September 2012, Curtiss filed his first application for post-conviction relief, and the district... More...   $0 (04-15-2015 - ND)

Tyler Turner v. State of Oregon

Judgment in favor of the State of Oregon and City of
Depoe Bay reversed and remanded; otherwise affirmed.
As plaintiff was travelling north on State Highway 101 in the City of Depoe
Bay, his motorcycle collided with defendant Colip’s automobile, which had
entered the highway from the east on a road owned by Lincoln County. Plaintiff
was severely injured in the accident and, m... More...
   $0 (04-15-2015 - OR)

Raul Galvez v. Tornado Bus Company, et al

Appellant Raul Galvez appeals the trial court’s grant of summary judgment in favor of appellees Tornado Bus Company, Tornado Bus Company d/b/a Tornado Money Transfers, and Juan Vazquez (collectively, Tornado Parties). In three issues, Galvez argues that the trial court erred in granting the Tornado Parties’ traditional and no-evidence motions for summary judgment. Because all dispositive issue... More...   $0 (04-15-2015 - TX)

Heidi Gjersten v. Herman Ter Haar

[¶1] Pursuant to a California court order, Herman Ter Haar (Father) has sole legal and
physical custody of the parties’ child (the child), subject to limited visitation by Heidi
Gjertsen (Mother). Mother appeals from the district court’s order denying her petition for
modification of the California order pertaining to custody, care and visitation with the
child. We conclude th... More...
   $0 (04-14-2015 - WY)

KIMBRA (PHILLIPS)MARTIN, Appellee, v. DANIEL PHILLIPS,

Daniel Phillips appeals the district court's enforcement of child-support orders against him based on a claim that the orders arose out of Washington state and that the claims should no longer be collectible under a 10-year Washington limitation period. But the applicable statute in both Kansas and Washington provides that in an interstate proceeding for arrearages—or overdue payments—the long... More...   $0 (04-10-2015 - KS)

Skye Astinana v. The Hain Celestial Group, Inc., et al.

A product labeled “all natural” or “pure natural” likely
evokes images of ground herbs and earth extracts rather than
chemicals such as “Polysorbate 20” or “Hydroxycitronellal.”
This class action alleges that false or misleading product
labels duped consumers seeking natural cosmetics into
purchasing products that were chock-full of artificial and
synthetic ... More...
   $0 (04-10-2015 - CA)

United States of America v. Pedro Julian Montoya-Gonzalez

Defendant Pedro Julian Montoya-Gonzalez pleaded guilty in the United States
District Court for the Northern District of Oklahoma to the charge of reentry of a
deported alien in violation of 8 U.S.C. § 1326. He was sentenced to 46 months’
imprisonment. After our dismissal of his appeal for failure to prosecute, he filed a pro se
motion for relief under 28 U.S.C. § 2255, claiming... More...
   $0 (04-10-2015 - OK)

Stephen Ford and Karen Carmichael, as Guardian Ad Litem for K.F., a minor, v. Tammy Ford, Amanda Choat and Cliff Walton

Tulsa, OK - Stephen Ford and Karen Carmichael, as Guardian Ad Litem for K.F., a minor, sued Tammy Ford, Amanda Choat and Cliff Walton on negligence theories claiming:

That on or about the 3rd clay of September, 2009, the minor, Kyleigh Ford, was involved in an accident, wherein said minor allegedly sustained various injuries. As a result of the accident, the injured minor and the minor’... More...
   $90000 (04-09-2015 - OK)

In Re Commitment of Joel Lopez

The State of Texas filed a petition to civilly commit Joel Lopez as a sexually violent predator. See Tex. Health & Safety Code Ann. §§ 841.001-.151 (West 2010 & Supp. 2014) (“the SVP statute”). A jury found that Lopez is a sexually violent predator, and the trial court rendered a final judgment and an order of civil commitment. In five appellate issues, Lopez contends the State’s original ... More...   $0 (04-09-2015 - TX)

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