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New Mexico Joint Tenancy Law
 
HEATHER SPURLOCK; SOPHIA CARRASCO; NINA CARRERA v. ANTHONY TOWNES, BARBARA WAGNER, CORRECTIONS CORPORATION OF AMERICA

Plaintiffs Heather Spurlock, Sophia Carrasco, and Nina Carrera are former
13 inmates of the Camino Nuevo Correctional Center, a prison housing female offenders,
14 directed by Third-Party Defendant Warden Barbara Wagner and privately operated
15 by Third-Party Defendant Corrections Corporation of America (CCA). While
16 incarcerated, Plaintiffs were sexually assaulted by Defendant... More...
   $0 (03-14-2016 - NM)

Safeway, Inc. v. Rooter 2000 Plumbing and Drain SSS

This appeal arises out of a cross-claim for contractual and traditional
4 indemnification. The complaint alleged that Plaintiffs, Briana Fierro and Jason Fierro,
5 suffered injuries when a baby changing table collapsed in a Safeway store, and that
6 the collapse was the result of negligence on the part of Safeway, Inc. (Safeway) and
7 Rooter 2000 Plumbing and Drain SSS (Rooter). T... More...
   $0 (02-18-2016 - NM)

STATE OF NEW MEXICO v. DORALL SMITH

Defendant Dorall Smith appeals his convictions for first-degree murder,
4 contrary to NMSA 1978, Section 30-2-1(A)(1) (1994), and criminal damage to
5 property, contrary to NMSA 1978, Section 30-15-1 (1963). Defendant challenges his
6 convictions on ten grounds, arguing that: (1) there was insufficient evidence of
7 deliberate intent to support a conviction for first-degree murder... More...
   $0 (02-15-2016 - NM)

United States v. Lopez

A confidential informant advised agents from the Las Cruces Metro Narcotics
Task Force (“Metro Narcotics”) and the Federal Bureau of Investigation (“FBI”) that the defendant’s brother, Eddy Lopez,1 was willing to sell a kilogram of cocaine for $27,000. The confidential informant negotiated the price down to $22,000 and arranged a controlled buy, with Metro Narcotics Agent Ernesto DiMatteo po... More...
   $0 (01-24-2016 - NM)

United States v. Rodella

THIS MATTER comes before the Court on the Motion for Release Pending Appeal, filed February 6, 2015 (Doc. 195)("Motion"). The primary issues are: (i) whether Defendant Thomas R. Rodella has presented a substantial question that, if answered in his favor, would likely result in a new trial; and (ii) whether Rodella has shown exceptional circumstances, which are required for a violent offender to be... More...   $0 (01-03-2016 - NM)

United States v. Rodella

The Court takes its facts from the Revised Presentence Investigation Report, disclosed December 3, 2014, revised January 15, 2015 ("PSR"), that the United States Probation Office ("USPO") prepared. On March 11, 2014, Michael Tafoya pulled out a driveway onto the road, while a green jeep was traveling down the same road. See PSR ¶ 7, at 5. Rodella, Jr., who was driving the jeep, began flashing the ... More...   $0 (12-13-2015 - NM)

United States v. Rodella

The Court takes its facts from the Revised Presentence Investigation Report, disclosed December 3, 2014, revised January 15, 2015 ("PSR"), that the United States Probation Office ("USPO") prepared. On March 11, 2014, Michael Tafoya pulled out a driveway onto the road, while a green jeep was traveling down the same road. See PSR ¶ 7, at 5. Rodella, Jr., who was driving the jeep, began flashing the... More...   $0 (12-02-2015 - NM)

United States v. Gonzalez

THIS MATTER comes before the Court on the Motion to Suppress, filed August 7, 2014 (Doc. 675)("Motion"). The Court held evidentiary hearings on the Motion on January 22, 2015, January 28, 2015, and January 30, 2015. The primary issues are: (i) whether the United States Drug Enforcement Agency's investigation of the Homero Varela Drug-Trafficking Organization ("Varela DTO") gave Luis Almonte and Ma... More...   $0 (12-02-2015 - NM)

Badilla v. Wal-Mart Stores East Inc.

Plaintiff, a tree trimmer, purchased a pair of Brahma brand men’s work boots
3 from Wal-Mart on October 19, 2003. The boots’ packaging described the boots as
4 “iron tough,” “rugged leather . . . men’s work boots.” The label also stated that the
5 boots “me[t] or exceed[ed] ASTM F2413-05 standards,” which “outlin[e] what
6 footwear employers must ensure employees use under the Occ... More...
   $0 (10-07-2015 - NM)

Badilla v. Wal-Mart Stores East Inc.

Kenneth Badilla (Plaintiff) bought a pair of work boots at Wal-Mart. He claims
8 the soles of the boots came unglued, causing him to trip and injure his back. More
9 than three years later, on September 20, 2007, he sued Wal-Mart and its store
10 manager (Defendants) for breach of express and implied warranties. In his complaint
11 Plaintiff seeks damages for personal injuries he ... More...
   $0 (09-16-2015 - NM)

Badilla v. Wal-Mart Stores East Inc.

Kenneth Badilla (Plaintiff) bought a pair of work boots at Wal-Mart. He claims
8 the soles of the boots came unglued, causing him to trip and injure his back. More
9 than three years later, on September 20, 2007, he sued Wal-Mart and its store
10 manager (Defendants) for breach of express and implied warranties. In his complaint
11 Plaintiff seeks damages for personal injuries he ... More...
   $0 (09-16-2015 - NM)

New Mexico General Services Department v. Bradbury Stamm Construction, Inc., Lone Mountain Contracting, Inc.; Condeck Corporation

Albuquerque, NM - New Mexico General Services Department sued Bradbury Stamm Construction, Inc., Lone Mountain Contracting, Inc.; Condeck Corporation for Damages for Breach of Contract, Negligence, Negligence Per Se, Breach of Implied Warranties of Merchantability and Fitness for Particular Purpose, Negligent Supervision, Unjust Enrichment, Res Ipsa Loquitur and Unfair Trade Practices

C... More...
   $0 (12-30-2013 - NM)

Jeffrey Potter v. Chris Pierce

{1} Res judicata is a judicially created doctrine designed to promote efficiency and
finality by giving a litigant only one full and fair opportunity to litigate a claim and by
precluding any later claim that could have, and should have, been brought as part of the
earlier proceeding. In this case, we examine the preclusive effect of a fee proceeding in
bankruptcy court on a later ... More...
   $0 (01-08-2015 - NM)

Brett Woods v. Standard Insurance Company

This appeal requires us to evaluate whether remand to the state court pursuant to
the Class Action Fairness Act (CAFA) is required under either of two CAFA provisions:
the state action provision, which excludes from federal jurisdiction cases in which the
primary defendants are states; or the local controversy exception, which requires federal
courts to decline jurisdiction where, ... More...
   $0 (11-10-2014 - NM)

Wildearth Guardians v. United States Environmental Protection Agency

This appeal grows out of the Clean Air Act. In an effort to comply with
the statute, three states (New Mexico, Utah, and Wyoming), one city (City of
Albuquerque), and one county (Bernalillo County) adopted a regional cap-and4
trade program regulating sulfur-dioxide emissions over the Colorado Plateau.1
Under this program, each participant obtained a ceiling on sulfur-dioxide
em... More...
   $0 (10-21-2014 - NM)

United States of America v. Maria Leticia Gutierrez de Lopez

After a sting operation involving two confidential informants and substantial audio and video surveillance, federal law enforcement officers caught Jesus Cabral-Ramirez (“Mr. Cabral”) and Defendant-Appellant Maria Gutierrez de Lopez (“Ms. Gutierrez”) attempting to transport an undocumented alien from El Paso, Texas to Denver, Colorado. A federal grand jury indicted Ms. Gutierrez on one cou... More...   $0 (08-01-2014 - NM)

United States of America v. Maria Vianey Median-Copete and Rafael Goxcon-Chagal

These appeals, brought to us by Maria Vianey Medina-Copete (“Medina”) and Rafael Goxcon-Chagal (“Goxcon”) following their convictions on drug trafficking charges, requires us to consider an issue of first impression in our circuit. During the trial, the district court allowed a purported expert on certain religious iconography to testify that veneration of a figure known as “Santa Muerte... More...   $0 (07-02-2014 - NM)

Kathleen McOwen, et al. v. State of New Mexico, et al.

Kathleen McOwen, et al. sued the State of New Mexico, et al. on negligence personal injury non-auto theories.

The Court's register of actions and activities contained the following entries:

02/05/2013 STIPULATION
Stipulation of Dismissal with Prejudice
01/14/2013 CLS: DISMISSAL BY PARTY
Joint Notice of Settlement
01/04/2013 ... More...
   $1 (01-14-2013 - NM)

Candise Castillo, et al. v. Santa Fe Nursing Operations, LLC, et al.

Candise Castillo, et al. sued Santa Fe Nursing Operations, LLC, et al. on negligence non-auto wrongful death theory.

The Court's registry of activities contained the following entries:

07/17/2013 ORD: STIPULATED
Stipulated Order of Dismissal , Without Prejudice
04/02/2013 CLS: DISMISSAL BY PARTY
Joint Stipulation of Dismissal, Wit... More...
   $0 (04-02-2013 - NM)

Elisa Buteau v. Roxanne Sabatini

Elisa Buteau sued Roxanne Sabatini on a negligence theory.

The Court's register of actions and activities for case contained the following entries:

06/23/2013 CLS: DISMISSAL WITH PREJUDICE
06/19/2013 MTN: TO DISMISS
Joint Motion to Dismiss
06/03/2013 MTN: FOR CONTINUANCE
Defendatns' Motion for Continuance
04... More...
   $1 (06-23-2013 - NM)

United States of America v. Carl Ernesto Romero

Defendant Carl Romero was convicted by a jury of assaulting and killing Naayaitch Friday. He challenges the district court’s refusal to suppress evidence found after searches of the car he drove and his bedroom. We hold that the search warrant for the car was supported by probable cause and that investigating officers properly relied on his stepfather’s consent to search his bedroom. Exercisin... More...   $0 (04-15-2014 - NM)

Darlene Tafoya, et. al., v. Kevin G Cisneros, et. al.

REGISTER OF ACTIONS ACTIVITY
EVENT DATE EVENT DESCRIPTION EVENT RESULT PARTY TYPE PARTY # AMOUNT
06/18/2012 CLS: ORDER OF DISMISSAL
Order of dismissal with prejudice of case
05/16/2012 MTN: TO DISMISS P 1
Joint With Prejudice
02/27/2012 ANSWER D 1
Defendant Kevin G. Cisneros's Answer to Complaint for damages and personal injuries ... More...
   $0 (06-18-2012 - NM)

Alexis Maldonado v. Rosario Marroquin-Flores, et. al.

04/04/2012 CLS: DISMISSAL WITH PREJUDICE
03/27/2012 MTN: TO DISMISS P 1
Joint Motion to Dismiss
03/08/2012 ARB: ARBTR APPT (CAUSE)
Appointed Arbitrator: Donald W. Johnson
02/22/2012 ARB: REFERRAL (COURT ALT)
02/10/2012 DISCOVERY D 1
Defendant's Cert of Service
02/10/2012 JURY DEMAND 12 PERSON D 1 ... More...
   $1 (01-03-2012 - NM)

Liz Sanchez Training Stables, et. al., v. James Ellis, et. al.

02/05/2014 STIPULATION
Stipulation Regarding Plaintiffs' Claims for Economic Damages, Loss of Business Income, Loss of Personal Income, Loss of Future Business Income, and Loss of Future Personal Income from Loss of Plaintiffs Former Clients Walton, Budd, Sam, and Dazzo
01/29/2014 DISCOVERY P 1
01/29/2014 RESPONSE P 1
Plaintiff's Response to Affi... More...
   $0 (01-15-2014 - NM)

Michelle Sanchez v. Simon Gamez-Moreno, et. al.

04/26/2013 CLS: ORDER OF DISMISSAL
Order of Dismissal dismissing cause of action with prejudice
04/24/2013 MTN: TO DISMISS P 1
Joint Motion to Dismiss With Prejudice
04/16/2013 NTC: OF JURY TRIAL
Civil Jury Trial Settings for August 12-23, 2013
04/15/2013 NTC: PRE-TRIAL CONFERENCE
PRE-TRIAL CONFERENCE set for 7/1/... More...
   $0 (04-26-2013 - NM)

Hilton Worldwide Inc v. Patrick Chavez, et. al.

4/27/2012 REPORT
First Guardian Ad Litem Report (April 18, 2012)
04/27/2012 CLS: STIPULATED DISMISSAL
Order approving minor settlement and dismissal with prejudice of complaint
04/19/2012 REPORT
First Guardian Ad Litem Report
03/19/2012 NTC: OF HEARING
Notice of Presentment Hearing on Judgment Approving Minor's ... More...
   $0 (12-29-2011 - NM)

Mark F. Bevan, M.D. v. Davita, Inc.

Dr. Mark Bevan and DaVita, Inc. are joint venture partners who own and operate several dialysis clinics in the Four Corners region (where Utah, Colorado,

- 2 -

New Mexico, and Arizona meet). In 2007, Dr. Bevan filed suit against DaVita in New Mexico state court, claiming DaVita breached its contractual and fiduciary duties by opening a new clinic with another physician in Durango, Co... More...
   $0 (01-30-2014 - NM)

Rose Griego v. Maggie Toulouse Oliver

{1} “All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.” N.M. Const. art. II, § 4. These inherent rights, enjoyed by all New Mexicans, appear along with twenty-three other provisio... More...   $0 (01-10-2014 - NM)

United States of America v. Edward Christy

Defendant-Appellant Edward Christy appeals from an order of the district court granting in part the government’s motion to reconsider and denying Mr. Christy’s motion to suppress on the basis of the inevitable discovery doctrine. United States v. Christy, 810 F. Supp.2d 1219 (D.N.M. 2011). The district court initially granted the motion to suppress. United States v. Christy, 785 F. Supp.2d 100... More...   $0 (01-03-2014 - NM)

Front Range Equine Rescue et al v. Vilsack et al

The Humane Society of the United States sued the State of New Mexico, Department of Agriculture seeking to prevent the State from approving the opening of a horse slaughter house claiming that the State failed to conduct proper environmental studies before it issued permits to Valley Meat Co., Roswell, New Mexico and an Iowa company to slaughter horses for human consumption.

_____________... More...
   $0 (11-01-2013 - NM)

United States of America v. Norman Washington Berry

What started as a routine inspection of Norman Washington Berry’s commercial tractor-trailer at a New Mexico port of entry eventually revealed boxes of marijuana nestled in with his load of cantaloupe. A jury convicted Berry of possession with intent to distribute 100 kilograms or more of marijuana. He complains about a “permissive inference” instruction given to the jury and claims the evid... More...   $0 (06-26-2013 - NM)

La Vida Llena v. Karen L. Montoya

{1} Appellant Karen Montoya, Bernalillo County Assessor (the Assessor), appeals from the district court’s order reversing the Bernalillo County Valuation Protest Board’s (the Board) determination that Appellee La Vida Llena is not entitled to a charitable exemption from property tax. On appeal, we consider whether the property tax exemption for a continuing care facility that donates or render... More...   $0 (02-19-2013 - NM)

Judy K. Kelly v. City of Albuquerque

The City of Albuquerque, Martin Chavez, and Robert White (collectively, the “City”), appeal a jury verdict finding that they retaliated against Plaintiff - Appellee Judy Kelley, formerly an Albuquerque assistant city attorney, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the New Mexico Human Rights Act (“NMHRA”), N.M. STAT. ANN. § 28-1-1 et se... More...   $0 (09-17-2008 - NM)

Fireman's Fund Insurance Company v. Thyssen Mining Construction of Canada, Ltd.

Fireman’s Fund Insurance Company and Zurich Insurance Company Ltd. (collectively “Plaintiffs”), as subrogees of Boart Longyear, Inc., sued Thyssen Mining Construction of Canada Ltd. (“Thyssen”) and Mudjatik Thyssen Mining Joint Venture (“MTM”) (collectively “Defendants”) in New Mexico for negligence relating to the collapse of a mine that MTM was excavating in Canada. The distric... More...   $0 (12-20-2012 - NM)

Edwin Smith, LLC v. Synergy Operating, LLC

{1} “There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property.” 2 William Blackstone, Commentaries on the Laws of England 2 (Univ. of Chicago Press ed. 1979) (1766). The property that has captured the affections of the litigants in this case is a parcel of land located in San Juan County with productive oil and gas wells there... More...   $0 (08-24-2012 - NM)

Magdelene Lucero v. Sandia Corporation

Plaintiff-Appellant Magdelene Lucero appeals from the district court’s order granting summary judgment to Defendant-Appellee Sandia Corporation, d/b/a Sandia National Laboratories (“Sandia”), on Ms. Lucero’s age discrimination and national-origin discrimination claims. For the following reasons, we affirm the judgment of the district court.

I

A

Ms. Lucero was bor... More...
   $0 (08-28-2012 - NM)

Stuart T. Guttman, M.D. v. G.T.S. Khalsa

The question presented in this appeal is whether the Eleventh Amendment protects New Mexico from a suit for money damages under Title II of the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12131–65. We conclude it does. New Mexico has state sovereign immunity from a claim that it violated the ADA when it revoked the medical license of a physician whose practice the state claimed constit... More...   $0 (01-11-2012 - NM)

Ray Brown v. Daniel Montoya

This appeal comes to us from the district court’s denial of the defendantsappellants’ motion to dismiss a complaint alleging 42 U.S.C. § 1983 claims against them for violation of the plaintiff-appellee’s rights under the Fourteenth Amendment to substantive due process, procedural due process, and equal protection. The appellants argued, among other things, that their qualified immunity from... More...   $0 (11-08-2011 - NM)

Eve Randles v. Allegra Hanson and KCB, LLC

{1} In this appeal, we must determine the legal and equitable remedies available to performing and contributing coguarantors against a principal debtor who has defaulted on a loan. Adopting the approach of the Restatement (Third) of Suretyship and Guaranty, we hold that a coguarantor who has fulfilled a duty of contribution to a performing coguarantor is entitled to recourse against a principal de... More...   $0 (04-27-2011 - NM)

Carmen M. Alcantar v. Joe Sanchez

{1} This appeal presents issues relating to the garnishment of funds held in a joint bank account. The district court awarded summary judgment in favor of the bank. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

I. STANDARD OF REVIEW

{2} Our standard of review is well settled. “Summary judgment is appropriate where there are... More...
   $0 (04-22-2011 - NM)

 
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