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Mandamus Law
 
Francis A. Bottini, Jr. v. City of San Diego

Office of the City Attorney, Mara W. Elliott, City Attorney, and Carmen A.
Brock, Deputy City Attorney, for Defendants and Appellants.
Francis A. Bottini, Jr., Nina M. Bottini, and the Bernate Ticino Trust dated March
9, 2009, Trust 3 (the Bottinis) applied to the City of San Diego for a coastal development
permit (CDP) to construct a single-family home on a vacant lot in La Jolla.... More...
   $0 (09-21-2018 - CA)

Oglala Sioux Tribe, et al. v. Lisa Fleming, Mark Vargos, Honorable Craig Pfeifle, Lynne A. Valenti District Court Dakota Federal Courthouse - Rapid City, South Dakota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Oglala Sioux Tribe, the Rosebud Sioux Tribe, and tribal members Madonna
Pappan and Lisa Young brought this action against various South Dakota officials
under 42 U.S.C. § 1983. They challenged procedures used in proceedings brought by
the State to remove children temporarily from their homes in exigent circumstances.
The plaintiffs alleged that the defendants were engaged in on... More...
   $0 (09-18-2018 - SD)

Joe Ribakoff v. City of Long Beach

Joe Ribakoff, a frequent attendee at meetings of the Long
Beach Transit Company Board of Directors, filled out a public
speaker’s card and spoke on agenda item 10 at the board’s
August 24, 2015 meeting for the three minutes allowed each
public speaker on an agenda item. When he rose to speak a
second time on the same agenda item, it was during the board’s
deliberation and v... More...
   $0 (09-16-2018 - CA)

Joe Ribakoff v. City of Long Beach, et al.

Joe Ribakoff, a frequent attendee at meetings of the Long
Beach Transit Company Board of Directors, filled out a public
speaker’s card and spoke on agenda item 10 at the board’s
August 24, 2015 meeting for the three minutes allowed each
public speaker on an agenda item. When he rose to speak a
second time on the same agenda item, it was during the board’s
deliberation and v... More...
   $0 (09-14-2018 - CA)

Suzanne J. Black v. City of Rancho Palos Verdes

The appellants (landowners) own eight lots in an area of
Rancho Palos Verdes that is the subject of a 1978 building
moratorium based on the resurgence of an ancient landslide.1 In
the trial court, the landowners sought relief from the building
moratorium and damages for inverse condemnation primarily on
the basis of our opinion in Monks v. City of Rancho Palos Verdes
(2008)... More...
   $0 (09-10-2018 - CA)

San Franciscans for Livable neighborhoods v. City and County of San Francisco

After preparing an environmental impact report (EIR) defendant City and County
of San Francisco (City) approved revisions of the housing element of its general plan.
San Franciscans for Livable Neighborhoods (SFLN) filed a petition for writ of mandate
challenging the adequacy of City’s EIR. The trial court denied relief and we affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. The... More...
   $0 (09-09-2018 - CA)

VINODH M. RAGHUBIR vs. STATE OF FLORIDA

This case is before the Court on the pro se petition of Vinodh Raghubir for a writ of mandamus. We have jurisdiction. See art. V, § 3(b)(8), Fla. Const. Petitioner Raghubir has pro se filed forty-two petitions or notices with this Court since May 2017. On June 11, 2018, we dismissed the instant petition, expressly retained jurisdiction, and ordered Raghubir to show cause why he should not ... More...   $0 (09-04-2018 - FL)

Eva Moore v. John Urquhart Western District of Washington Federal Courthouse - Seattle, Washington

This is a class action challenging the constitutionality of
a Washington statute that allows tenants to be evicted from
their homes without a court hearing. Plaintiffs seek
declaratory and injunctive relief against the Sheriff of King
County, whose office enforces the challenged statute by
executing the eviction orders. The district court dismissed
the action with prejudice... More...
   $0 (08-19-2018 - WA)

Benjamin Thomas Reavis and Kristi Carol Reavis, individually and as next frient of Owen and Emily Reavis v. Toyota Motor Corporation and Toyota Motor Sales Dallas County Courthouse - Dallas, Texas

Dallas, TX - Benjamin Thomas Reavis and Kristi CArol Reavis, individually and as next friends of Owen Reavis, age 3, and Emily Reavis, age 5, sued Toyota Motor Corporation and Toyotya Motor Sales, U.S.C., Inc. on product liability theories claiming that the 2002 Lexus ES 300 sedan was defective and unreasonably dangerous and that the defect in the vehicle directly caused injuries to the children i... More...   $202000000 (08-18-2018 - TX)

Protect Niles v. City of Freemont, Doug Rich, Real Party in Interest and Appellants

The City of Fremont (City) approved a residential and retail development (Project)
in its Niles historical district over considerable neighborhood opposition. The City
adopted a mitigated negative declaration after finding the Project as mitigated would have
no significant adverse environmental impact. Protect Niles1 petitioned for a writ of
mandamus ordering the City to overturn t... More...
   $0 (08-12-2018 - CA)

STATE OF OHIO vs. MIKE NICHOLSON

Defendant-appellant Mike Nicholson pleaded guilty to drug trafficking and having a weapon while under disability. He did not file a direct appeal, but one year after conviction, filed a pro se motion to “vacate or set aside the judgment of conviction or sentence.” That petition claimed that retained trial counsel gave ineffective assistance of counsel by failing to conduct a reasonable inve... More...   $0 (07-31-2018 - OH)

Jerrid Allen v. Kevin M. Milas, et al. Eastern District of California Federal Courthouse - Sacramento, California

Jerrid Allen petitions under the Administrative Procedure
Act (APA), 5 U.S.C. § 551 et seq., for review of a decision by
the U.S. Consulate in Frankfurt, Germany to deny a visa to
his wife. Allen claims that the consular officer committed
legal error in denying Mrs. Allen a visa, and that the error
was “arbitrary, capricious, . . . or otherwise not in accordance
with law.” ... More...
   $0 (07-29-2018 - CA)

IN RE: THE STATE OF TEXAS MoreLaw Suites - Legal Suites and Virtual Offices - Downtown Tulsa-- Best Places In Downtown Tulsa To Practice Law

The real party in interest, Angelica Hernandez, is charged by indictment in cause number
20130D02077 with three counts of aggravated assault of a child and one count of indecency with
a child. The indictment alleged that Hernandez, acting in concert with Osvaldo Araiza, provided
alcohol to her sixteen-year-old biological daughter, B.P., and to another child, and Araiza
penetra... More...
   $0 (07-25-2018 - TX)

Whole Woman's Health v. Charles Smith Western District of Texas Federal Courthouse - San Antonio, Texas

This is an emergency appeal from an extraordinary discovery order by the district court to a religious body. The court compelled document production of the group’s internal communications despite its status as a non-litigant and its voluntary furnishing of substantial discovery materials. Because the trial date looms, and with the benefit of full briefing from both parties, we elect to consolidate... More...   $0 (07-25-2018 - TX)

In re Kristie L. Walsdorf Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Relator, Kristie L. Walsdorf, has filed a petition for writ of mandamus,
seeking an order compelling the trial court to vacate its October 2, 2017 protective
order.1... More...
   $0 (07-23-2018 - TX)

Richard Paul Fisher v. State Personnel Board

While serving as an administrative law judge for the State Personnel Board (SPB),
Richard Paul Fisher joined the law firm of Simas & Associates as “of counsel.” Simas
& Associates specialized in representing clients facing administrative actions, including
those heard by the SPB. Indeed, the Simas law firm represented a CalTrans employee in
a high-profile case that was being heard ... More...
   $0 (07-10-2018 - CA)

Richard Paul Fisher v. State Personnel Board

While serving as an administrative law judge for the State Personnel Board (SPB),
Richard Paul Fisher joined the law firm of Simas & Associates as “of counsel.” Simas
& Associates specialized in representing clients facing administrative actions, including
those heard by the SPB. Indeed, the Simas law firm represented a CalTrans employee in
a high-profile case that was being heard ... More...
   $0 (07-07-2018 - CA)

In re Joseph Clyde Ford

We believe it is necessary to review some of the procedural history of this
proceeding; but first, an overview is helpful to understand where we are going. The
In re Ford Page 2

genesis of the problem started with Ford’s conviction in March, 1992. The judgment for
that conviction is at the heart of this proceeding. The fundamental question is whether
the 1992 judg... More...
   $0 (06-30-2018 - TX)

Keanu D. W. Ortiz v. United States United States Supreme Court Building - Washington, D.C.

This case is about the legality of a military officer serving as a judge on both an Air Force appeals court and theCourt of Military Commission Review (CMCR). The petitioner, an airman convicted of crimes in the military justice system, contends that the judge’s holding of dual offices violated a statute regulating military service, aswell as the Constitution’s Appointments Clause. The Court of Ap... More...   $0 (06-25-2018 - DC)

Rain O. Daugherty v. City and County of San Francisco

Under the Public Safety Officers Procedural Bill of Rights Act (POBRA) (Gov.
Code, § 3300 et seq.),1
no punitive action may be taken against a public safety officer for
any alleged act, omission, or other misconduct unless the investigation is completed
within one year of “the public agency’s discovery by a person authorized to initiate an
investigation of the allegation of an ... More...
   $0 (06-23-2018 - CA)

American Indian Health & Services Corporatioon v. Jennifer Kent, as Director

The State Department of Health Care Services and its director (collectively, the
Department) appeal from a judgment in favor of plaintiffs on a petition for a writ of
mandate. Plaintiffs are 23 federally qualified health centers (FQHC’s) and rural health
clinics (RHC’s) that serve medically underserved populations (the Clinics). (42 U.S.C.
§§ 254b(a)(1), 1396d(l)(1), (2), 1395x(aa)... More...
   $0 (06-20-2018 - CA)

IN RE DAVID CHRISTOPHER HESSE, RELATOR Alleged Election Night Domestic Assault Has Local Attorney and Obama Fan Facing Felony Charge

Relator is an attorney practicing criminal defense work in Amarillo, Potter County,
Texas. On April 8, 2016, while acting in that capacity as retained counsel for Adoun
Phommivong, in a criminal prosecution pending in the 251st District Court, Relator was
held in contempt by the Honorable Ana E. Estevez for using language that Judge Estevez
deemed inappropriate for proper cour... More...
   $0 (06-16-2018 - TX)

In re Robert Martinez

Relator, Robert Martinez, has filed numerous original proceedings with this court
complaining either of the trial court’s failure to rule, the failure of his trial attorney(s) to
communicate with him, or the district clerk’s failure to provide him copies of documents. On May
30, 2018, relator filed another petition for writ of mandamus, asking this court to direct the trial
co... More...
   $0 (06-15-2018 - TX)

John Doe v. Regents of the University of California, et al. Central District of California Federal Courthouse - Los Angeles, California

In this interlocutory appeal, The Regents of the University
of California (“The Regents”) and Suzanne Perkin (“Perkin”),
the assistant dean of students at the University of California
at Santa Barbara (“UCSB”), appeal the district court’s denial
of their motion to dismiss John Doe’s (“Doe”) second
amended complaint (“SAC”) on Eleventh Amendment
immunity, judicial exhaustion... More...
   $0 (06-09-2018 - CA)

Mateel Environmental Justice Foundation v. Office of Environmental Health Harzard Asse

In 1989, the predecessor to respondent Office of Environmental Health Hazard
Assessment (OEHHA), the lead agency charged with implementing California’s Safe
Drinking Water and Toxic Enforcement Act (Proposition 65) (Health & Saf. Code,
§ 25249.5 et seq.), adopted a regulation setting a “maximum allowable dose level” or
MADL for lead as a reproductive toxicant. (Cal. Code Regs., tit... More...
   $0 (06-08-2018 - CA)

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