Condominium Law
 
Carson Harbor Village v. City of Carson


Carson Harbor Village, Ltd. (the park), is a mobilehome park in the City of Carson (City). It consists of 420 rental spaces on 70 acres of land, 17 acres of which are federally and state regulated wetlands and which is the only open space area within the City. In 2007 the City rejected the park’s application to convert from rental spaces to a subdivision of individually owned lots. The pr... More...
   $0 (08-21-2015 - CA)

Mike Birnbaum v. Gena J. Atwell

Mike and Beverly Birnbaum purchased a penthouse condominium unit in San Antonio in 2007. They had it remodeled and moved in two years later. Soon after they moved in, a rainstorm occurred and they discovered numerous water leaks throughout the unit.
The Birnbaums brought suit against the seller, Gena Atwell, Atwell’s realtor, Phyllis Browning, Browning’s company, and their own realtor, Mimi We... More...
   $0 (08-20-2015 - TX)

Cuiyan Qian v. Toll Brothers, Inc.

New Jersey’s common law imposes a duty on commercial
landowners to clear public sidewalks abutting their properties
of snow and ice for the safe travel of pedestrians. No
corresponding duty is imposed on residential landowners. We
adhered to that distinction between commercial and residential
landowners in Luchejko v. City of Hoboken, 207 N.J. 191, 211
(2011), a cas... More...
   $0 (08-13-2015 - NJ)

THE PEOPLE v. KEVIN F.,

On October 17, 2013, at about 11:00 p.m., Samuel Merlo boarded the J-Church Muni train at Church and Market Streets in San Francisco. He sat down and took out his cell phone. Merlo noticed a group of three or four young men sitting near him talking to each other. At the jurisdictional hearing, Merlo identified Minor as one of the people in this group. Minor was wearing a white shirt and a base... More...   $0 (08-11-2015 - CA)

Erica Tierney v. Advocate Health and Hospitals Corporation

In July 2013 burglars stole four
desktop computers from one of Defendant Advocate Health
and Hospitals Corporation’s administrative offices in Illinois.
The computers contained unencrypted private data relating
to approximately four million Advocate patients. Six of the
affected patients brought this putative class action alleging
that Advocate did too little to safeguard t... More...
   $0 (08-10-2015 - IL)

Sanchez v. Valencia Holding Co.

The automobile sales contract in the present case has an arbitration agreement that provides, among other things, that arbitral awards of $0 or over $100,000 as well as grants but not denials of injunctive relief may be appealed to a panel of arbitrators. The arbitration agreement also has provisions that require the party appealing the award to front the costs of the appeal, preserve the right o... More...   $0 (08-03-2015 - CA)

Arapaho Owners Association, Inc. and Kattalia v. Alpert, et al.

Initially, this case appeared to require reconciliation of language in a condominium declaration, the Vermont Condominium Ownership Act (VCOA), and the Vermont Common Interest Ownership Act (VCIOA). After untangling the facts and the statutes, however, we resolve the matter in a more straightforward manner. We affirm.

¶ 2. The case began its journey through the legal system... More...
   $0 (08-01-2015 - vt)

United States of America v. Marc T. Duchesne

Houston, TX - United Kingdom Man Sentenced to Prison For Two Separate Fraud Conspiracies

Marc T. Duchesne, 53, of London, was sentenced today to 97 months in federal prison on federal charges stemming from separate schemes involving financial fraud in Texas and the District of Columbia, announced Kenneth Magidson, U.S. Attorney for the Southern District of Texas, and Vincent H. Cohen Jr.,... More...
   $0 (07-31-2015 - TX)

Lee Ann Wheelbarger v. The Landing of Counsel of Co-Owners

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently, breached the association’s declarations and bylaws, and violated the Texas Property Code. T... More...   $0 (07-30-2015 - TX)

EVEN ZOHAR CONSTRUCTION & REMODELING, INC. V. BELLAIRE TOWNHOUSES, LLC, et al.

Plaintiff Even Zohar Construction & Remodeling, Inc., sued defendants Bellaire Townhouses, LLC, Samuel N. Fersht and the Fersht Family Living Trust for breach of contract and related claims arising out of a project to develop a condominium in North Hollywood. Defendants unsuccessfully petitioned to compel arbitration and then failed to file a responsive pleading to the complaint. Thereafter, the... More...   $0 (07-20-2015 - )

Viola Chambers v. HSBC Bank USA, N.A

On April 5, 2006, Chambers and her son purchased a residential condominium in Novi, Michigan. The total cost of the condo was $608,294.00. They financed the purchase with $25,000.00 from Chambers’ personal funds and obtained a mortgage loan from Fremont Investment and Loan (“FILC”) in the amount of $583,294.00 (the “first mortgage”). Chambers and her son also took a second mortgage loan on the ... More...   $0 (07-18-2015 - )

Viola Chambers v. HSBC Bank USA, N.A.

Plaintiff-Appellant Viola Chambers
(“Chambers”) appeals from a district court order dismissing her claims of fraud against HSBC
Bank, USA, and numerous other defendants.1 Chambers also asserts that the district court erred
1Chambers named 26 defendants below, and renames them all on appeal: HSBC Bank USA, N.A.
(“HSBC”); Mortgage Electronic Registration Systems, Inc. (“MERS”); Signa... More...
   $0 (07-17-2015 - MI)

LINDEN GREEN CONDOMINIUM ) ASSOCIATION v. UBALDO CESAR

Plaintiff/Counterclaim-Defendant Linden Green Condominium Association
(“Plaintiff”) brings this action against Defendant/Counterclaim-Plaintiff Ubaldo Cesar’s
(“Cesar”) for failure to pay condominium association fees. Cesar filed a counterclaim against
Plaintiff, alleging Plaintiff failed to repair a leaking pipe in his condominium unit resulting in
damage to the unit.
... More...
   $20526 (07-17-2015 - )

THE PEOPLE v. STEPHANIE ILENE LAZARUS,

Appellant Stephanie Ilene Lazarus, a 25-year veteran of the Los Angeles Police Department (LAPD), was charged and convicted of first degree murder in the shooting death of Sheri Rasmussen, the wife of appellant’s former lover, John Ruetten. The 1986 crime was not solved until 2009, when a DNA profile obtained from a bite mark on Rasmussen’s arm was matched to appellant. At trial, the prosecution... More...   $0 (07-14-2015 - )

United States of America v. Lorraine Cyr

WASHINGTON, DC – Lorraine Cyr, 58, pled guilty to charges stemming from the embezzlement of over $380,000 from her employer and properties that she managed. Cyr, of Palm Bay, Fla., pled guilty in the U.S. District Court for the District of Columbia to one count of wire fraud and one count of income tax evasion. The Honorable Senior Judge Royce C. Lamberth scheduled sentencing for Oct. 19, 2015. Th... More...   $0 (07-14-2015 - DC)

Arapaho Owners Association, Inc. and Mark Kattalia V. Linna Alpert, et al.

Initially, this case appeared to require reconciliation of language in a condominium declaration, the Vermont Condominium Ownership Act (VCOA), and the Vermont Common Interest Ownership Act (VCIOA). After untangling the facts and the statutes, however, we resolve the matter in a more straightforward manner. We affirm.

¶ 2. The case began its journey through the legal syst... More...
   $0 (07-12-2015 - )

MICHAEL KONZEN vs. EMALEE GOEDERT

Michael Konzen appeals the district court’s decision, which denied his
petition to modify the physical care provisions of the custodial decree. He
maintains that he should have physical care of his two daughters, while the
mother, Emalee Goedert, should have supervised visitation. At a minimum, he
claims he should not have been ordered to have only supervised visitation. He ... More...
   $0 (07-12-2015 - )

Cash & Carry America, Inc. v. Roof Solutions, Inc.

The primary question in this case is whether a roofing contractor who performs work
on a structure owes a duty of care in tort to a third party owner of personal property inside
the structure. The answer is yes, although there are limits on the type of property damage
encompassed by this duty of care, as we shall discuss.
Cash & Carry America, Inc. (“CCA”), the appellant, is a ... More...
   $0 (06-30-2015 - MD)

Jacob Doe v. Hartford Roman Catholic Diocesan Corporation

A jury found that the defendant, the
Hartford Roman Catholic Diocesan Corporation, acted
negligently and recklessly when it assigned Father Ivan
Ferguson, an alcoholic whose admitted acts of child
molestation were understood to be linked to his drinking,
to serve as the director of Saint Mary’s Elementary
School in Derby (Saint Mary’s School), where he sexually
abus... More...
   $0 (06-27-2015 - CT)

Karen Bennett v. Walton County

The Bennetts own a beachfront triplex and adjacent lot known as “The Lawn” in south Walton County that they rent many times each year for weddings,
2
graduation parties, reunions, and other events. Their property sits within a county-designated “Residential Preservation Area” district surrounded by family dwellings. In 2010, the Bennetts’ neighbors began to complain to the County about eve... More...
   $0 (06-22-2015 - FL)

Wanda DiPaola Stephen Rinko General Partnership v. Beach Terrace Association, Inc.

Wanda DiPaola Stephen Rinko General Partnership (the partnership)
appeals the trial court's denial of the partnership's amended motion for costs and
attorney's fees and its award of costs and attorney's fees in favor of Beach Terrace
Association, Inc. (the association). We affirm the trial court's award of attorney's fees to

- 2 -

the association and its denial of fee... More...
   $0 (06-17-2015 - FL)

Alachua County v. Expedia, Inc.

This case is before this Court for review of the decision of the First District
Court of Appeal in Alachua County v. Expedia, Inc., 110 So. 3d 941 (Fla. 1st DCA
2013). In its decision, the district court certified the following question of great
public importance:
DOES THE “LOCAL OPTION TOURIST DEVELOPMENT ACT,”
CODIFIED AT SECTION 125.0104, FLORIDA STATUTES,
IMPOSE A T... More...
   $0 (06-11-2015 - FL)

Etelvina Jimenez v. 24 Hour Fitness USA, Inc.

Plaintiffs Etelvina and Pedro Jimenez appeal from summary judgment in favor of
defendant 24 Hour Fitness USA, Inc. (“24 Hour”) in plaintiffs’ negligence action
stemming from a catastrophic injury sustained by Etelvina while using a treadmill at 24
Hour. Plaintiffs asserted that 24 Hour was grossly negligent in setting up the treadmill in
a manner that violated the manufacture... More...
   $0 (06-09-2015 - CA)

Beldon Roofing Company v. Sunchase IV Homeowners' Association, Inc.

Beldon Roofing Company appeals the district court’s order denying its motion to
compel arbitration pursuant to the Federal Arbitration Act (FAA). See generally 9 U.S.C.
2
§§ 1–16 (West, Westlaw through P.L. 113-296). By one issue, Beldon contends that it
has the legal right to arbitrate pursuant to its original contract. We affirm.
I. BACKGROUND
In 2008, appellee Sunc... More...
   $0 (06-04-2015 - TX)

Ismael Rosas v. BASF Corporation

Plaintiff and appellant Ismael Rosas appeals from judgments entered after the trial court granted summary judgment in favor of defendants and respondents BASF Corporation; Berje Inc.; Citrus and Allied Essences Ltd.; Centrome, Inc., dba Advanced Biotech; Elan Chemical Company, Inc.; Emoral, Inc.; O’Laughlin Industries, Inc.; O’Laughlin Industries Co., Ltd.; and O’Laughlin Tianjin Industries ... More...   $0 (05-21-2015 - CA)

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