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Statute of Limitation Law
 
William Telish v. California State Personal Board

Plaintiff and appellant William Telish (Telish) appeals a judgment denying his petition for writ of administrative mandate (Code Civ. Proc., § 1094.5)1 wherein he sought to set aside a decision by defendant and respondent California State Personnel Board (SPB or Board) upholding his dismissal from his position with the California Department of Justice (DOJ).
The essential issue presented is t... More...
   $0 (03-10-2015 - CA)

C & M Exploration, LLC v. C. Mark Crawford, BDI, LLC, Calvin R. Hullum, aka Calvin Hullum, Bengalia Land & Cattle Company and Ring Energy, Inc.

Tulsa, OK C & M Exploration, LLC sued C. Mark Crawford, BDI, LLC, Calvin R. Hullum, aka Calvin Hullum, Bengalia Land & Cattle Company and Ring Energy, Inc. seeking specific performance of a contract claiming:

1. CM is an Oklahoma Limited Liability Company doing business in Tulsa County, State
of Oklahoma.
2. Crawford is an individual doing business in Tulsa County, State of Oklaho... More...
   $0 (03-05-2015 - ok)

James Wimpy v. Motel 6 Operating, L.P.

This is an appeal from the grant of a summary judgment in a premises liability case. James Wimpy, Appellant here and plaintiff at the trial court, failed to file a response to a no-evidence and traditional motion for summary judgment advanced by Motel 6. We are asked to consider whether Wimpy received adequate notice of the summary judgment hearing, and whether the trial court abused its discretio... More...   $0 (03-04-2015 - TX)

Melissa Foster v. Vernon McDowell

¶1 In this paternity action, Respondent/Appellant, Vernon McDowell, appeals from the trial court's decree of paternity and its order denying his motion to vacate the decree of paternity. Appellant admitted to the trial court that he is the putative father of the minor child, R.D.P. Based on that admission, we cannot find the trial court exceeded its jurisdiction in decreeing Appellant's paternity... More...   $0 (03-02-2015 - OK)

Thein Htaike v. Rosalind Sein a/k/a Daw Myint Myint Sein

Plaintiffs filed this action seeking recovery of over
$200,000 on the general theory that defendants had secured
a series of promissory notes at exorbitant interest rates from
plaintiffs through loansharking. Over the years, plaintiffs
paid substantial sums on those notes but, despite repeated
requests from plaintiffs, defendants never gave them an
accounting of how much th... More...
   $0 (02-25-2015 - OR)

William Douglas Fulghum, et al. v. Embarq Corporation

Plaintiffs-appellants represent a class of retirees (collectively “Plaintiffs”)
formerly employed by Sprint-Nextel Corporation (“Sprint”), Embarq Corporation
(“Embarq”), or a predecessor and/or subsidiary company of either Embarq or
- 3 -
Sprint (collectively “Defendants”). Plaintiffs brought this suit after Defendants
altered or eliminated health and life insur... More...
   $0 (02-25-2015 - )

State of Oklahoma v. Mark Roy Buffalohead

Tulsa, OK - The State of Oklahoma charged Mark Roy Buffalohead with:

Count # 1. Count as Filed: HM2, MANSLAUGHTER - FIRST DEGREE - AUTOMOBILE, in violation of 21 O.S. 711
Date of Offense: 02/02/2008
Party Name Disposition Information
BUFFALOHEAD, MARK ROY Pending.
Count # 2. Count as Filed: DL2, DRIVING UNDER SUSPENSION / DUS, in violation of 47 O.S. 6-303(B)
Dat... More...
   $0 (02-23-2015 - OK)

Ryland Meews Homeowners Association v. Ruben Munoz

In this dispute between defendant Ruben Munoz and plaintiff Ryland Mews Homeowners Association (HOA or Association), plaintiff obtained a preliminary injunction requiring Munoz to remedy the unauthorized modification of the flooring in his upstairs condominium unit to reduce the transmission of noise to the unit below. Defendant contends that the superior court improperly balanced the prospective ... More...   $0 (02-20-2015 - CA)

The Estate of Margaret Klovenski, Jake Klovenski, and Mary Hassler, Individually and as next Friends v. Ashish Kapoor, M.D.,

This healthcare liability case is governed by Texas Civil Practice and Remedies Code chapter 74. See Tex. Civ. Prac. & Rem. Code Ann. §§ 74.001-.507 (Vernon 2011 & Supp. 2014). Appellants Jake Klovenski and Mary Hassler, individually and on behalf of the Estate of Margaret E. Klovenski, brought wrongful death and survival claims against appellee Dr. Ashish Kapoor, alleging that Dr. Kapoor failed... More...   $0 (02-19-2015 - TX)

Mary Moczygemba v. Thomas J. Moczygemba and Harry Lee Moczygemba

Mary Moczygemba appeals the trial court’s granting of summary judgment in favor of her sons Thomas J. Moczygemba and Harry Lee Moczygemba. According to Mary, the trial court erred in determining that the statute of limitations barred her claims for breach of fiduciary duty. We affirm.
BACKGROUND
Appellant Mary Moczygemba (“Mary”) is the mother of Appellees Thomas J. Moczygemba and Ha... More...
   $0 (02-18-2015 - TX)

Tony Nealy v. City of Santa Monica

Appellant Tony Nealy brought this action under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his employer, the City of Santa Monica (the City), for disability discrimination, failure to provide reasonable accommodation, failure to engage in the interactive process, and retaliation. Nealy’s disability arose as a result of knee injuries while working f... More...   $0 (02-13-2015 - CA)

Sheryl D. Mabie v. Jack Freeman and Graham & Freeman, P.L.L.C.

Tulsa, OK - Sheryl D. Mabie sued Jack Freeman and Graham & Freeman, P.L.L.C. on breach of contract theories alleging:

I. Sheryl Mabie is a resident of Cherokee County, State of Oklahoma.
2. Jack Freeman is a resident of Tulsa, Tulsa County, State of Oklahoma, and has his law practice in Tulsa, Tulsa County, Oklahoma.
3. Graham & Freeman, P.L.L.C. is a Professional Limited Liabilit... More...
   $1 (02-12-2015 - OK)

Dean Ingram v. Michael C. Drouin

The plaintiffs, Dean and Suzanne Ingram, appeal an order of the Superior Court (O’Neill, J.) granting summary judgment to the defendants, Michael C. Drouin and Drouin Builders, Inc. (Drouin Builders), on the plaintiffs’ claims for damages. We affirm.
The record establishes the following facts. The plaintiffs own a house in Laconia. The lot on which the house sits was purchased by Drouin Bu... More...
   $0 (02-12-2015 - NH)

Gilberto Rincones v. WHM Custom Services, Inc.

Plaintiff Gilberto Rincones appeals a take-nothing judgment entered in favor of
defendants WHM Custom Services, Inc., Exxon Mobil Corporation, and DISA, Inc. As
set forth below, the Court reverses the take-nothing judgment and remands in part, and
affirms in part.
I. BACKGROUND
Gilberto Rincones is a Hispanic male of Mexican descent and heritage. Between
2007 and 2008, he w... More...
   $0 (02-12-2015 - TX)

Gordon J. Zielinski v. State of Oregon

In this declaratory judgment action, plaintiffs seek
to compel the state to construct a railroad crossing on their
property according to the terms of a 1906 deed. The trial
court granted plaintiffs’ motion for summary judgment.
Because we agree with the state that plaintiffs’ claim is
untimely, we reverse and remand.
This case concerns a parcel of real property located<... More...
   $0 (02-11-2015 - OR)

Judy Johnson v. Joe James

Defendant appeals a judgment in an action for
battery and negligence arising from an incident in which
defendant engaged in unprotected sexual intercourse with
plaintiff without disclosing that he carries the herpes simplex
virus-2 (HSV-2), commonly known as genital herpes.
Plaintiff consequently became infected with genital herpes
and brought this action. Defendant argues,... More...
   $0 (02-11-2015 - OR)

Doris Rich Corya v. Roy Sanders

In this case, ongoing disputes as to four family trusts make a second appearance before us. In the first appeal, we reversed the trial court’s summary judgment granting trust accountings for all four trusts. Corya v. Sanders, 76 So. 3d 31 (Fla. 4th DCA 2011). We concluded the trial court erred in granting summary judgment in part because appellee Sanders did not sufficiently negate the defenses ... More...   $0 (02-11-2015 - FL)

The People v. Julius W. Lewis

Defendant Julius W. Lewis was convicted by a jury of five counts of lewd and lascivious acts on a child (Pen. Code, § 288, subd. (a)), and was sentenced to 29 years to life in prison.1 One count involved conduct with Angelina B. in 2006 or 2007, and the other four involved conduct with Teresa C. in August, September, and October of 1989. Lewis was ordered to pay over $1.5 million in victim restit... More...   $0 (02-09-2015 - CA)

Linda Vista Village San Diego Homeowners Association, Inc. v. Tecolote Investors, LLC

This matter comes to us on a judgment of dismissal of a complaint for declaratory and other relief, brought by plaintiff and appellant Linda Vista Village San Diego Homeowners Association, Inc. (Appellant). Its members are sublessees of mobilehome park lots on a real property site (the park site) that is subject to a 1979 master lease between the landowner defendant and respondent, the City of San... More...   $0 (02-09-2015 - CA)

Bhika Ram v. Onewest Bank, FSB

Bhika Ram and his spouse, Asharfun Nisha Hafiz, purchased a home subject to a deed of trust in 2005. After they defaulted on their home loan, nonjudicial foreclosure proceedings were initiated, and the beneficiary of the deed of trust, OneWest Bank, FSB (OneWest), purchased the property at the foreclosure sale. Ram and Hafiz filed this action against OneWest and other entities, alleging that the s... More...   $0 (02-06-2015 - CA)

Juan Luciano v. United Property & Casualty Insurance Company

This is an appeal from an order granting final summary judgment in favor of Appellee/Defendant, United Property and Casualty Insurance Company (“United”), on statute of limitations grounds. We reverse.
In November of 2005, Appellants/Plaintiffs, Juan and Vickie Luciano (the “Homeowners’”), submitted a claim to United under their homeowner’s policy for damage sustained as a result o... More...
   $0 (01-28-2015 - FL)

Gray1 CPB, LLC v. SCC Acquisitions, Inc.

You cross continents and spend years trying to collect a judgment for your client. Late one Friday afternoon, the debtor‟s lawyer walks into your office and hands you a cashier‟s check for almost $13 million, covering the entire judgment and all accumulated interest. Do you accept the check or say, “No thank you, I need to make a motion for attorney fees first?” Put another way, is a bird ... More...   $0 (01-27-2015 - CA)

Richard Torres Arteaga v. The People

A grand jury indicted petitioner Richard Torres Arteaga on charges of participating in a criminal street gang (Pen. Code, § 186.22, subd. (a))1 and conspiracy to sell methamphetamine (§ 182, subd. (a)(1); Health & Saf. Code, § 11379), with an allegation that petitioner committed the conspiracy for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(A)) and an allegation that petition... More...   $0 (01-27-2015 - CA)

State of Oklahoma v. Beverly Noe

Bristow, Creek County, OK - The State of Oklahoma charged Christina Noe, age 67, with three counts of first-degree murder in conjunction with the deaths of Wendy Camp, 23; her 6-year-old daughter, Cynthia Britto; and Camp’s sister-in-law, Lisa Kregear, 22, who went missing in 1992 after visiting Wendy Camp’s son, Jonathan, who was with Camp’s ex-husband, Chad Noe, in Shamrock in Creek County... More...   $0 (01-24-2015 - OK)

J. Frank Burdick v. Horner Townsend & Kent, Inc.

¶ 1 Disappointed investors filed suit against their investment agent, Jeffrey Campbell, and his former employer,
BURDICK v. HORNOR TOWNSEND
Opinion of the Court
2
Hornor, Townsend & Kent, Inc. (HTK), alleging that Mr. Campbell and HTK were liable for losses sustained in an investment scam. Mr. Campbell pleaded guilty to the sale of unregistered securities related to the investment... More...
   $0 (01-23-2015 - UT)

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