Mandamus Law
 
Faye Comte and Laura Severt v. Smith County Commissioners Court and Joel P. Baker, Cary Nix, Jeff Warr, Joann Hampton, and Terry Phillips, each in his or her official capacity as a Smith County Commissioner

In this appeal out of Smith County,1 we are faced with a clash of principles. On one hand, we have the broad authority and discretion of county commissioners over county funds and budgets. On the other, we have (1) the Constitutional obligation of courts handling certain cases involving protection of children to arrange legal representation for indigent parties at county expense and (2) the author... More...   $0 (10-28-2015 - TX)

CARLOS CASCOS, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE OF TEXAS v. TARRANT COUNTY DEMOCRATIC PARTY

The legal expenses at issue arise from a suit contesting Wendy Davis’s candidacy for a state
senate seat in 2008. Davis ran in the Democratic primary unopposed but faced legal challenges to
her candidacy before and after the primary. Before the primary, both this Court and the court of
appeals denied original mandamus proceedings by three citizens to remove Davis’s name from the
... More...
   $0 (10-31-2015 - TX)

Ark. Highway & Transp. Dep't v. O.J.'

January 2014, the Highway department issued a bid invitation for a janitorial and cleaning-services contract for February 19,2074, through February 18,201,5. Appellee, OJ." Serv ice Two, Inc. ("OJ.'s"), submitted a bid for the contract, but the Highway Department ultimately awarded the contract to another bidder, RazorClean, on
February 1.0,2074. OJ.'r filed a formal protest ofthe contract awa... More...
   $0 (10-29-2015 - AR)

USA v. Len Davis

In 1996, Davis, a former New Orleans Police Officer, was convicted of a civil rights murder and sentenced to death. 18 U.S.C. §§ 241 and 242. On his direct appeal, this court upheld the instant convictions but reversed the sentence and remanded for a new penalty trial. United States v. Causey and Davis, 185 F.3d 407 (5th Cir. 1999).1 On remand, Davis informed the court that he wanted to procee... More...   $0 (10-29-2015 - LA)

In the Interest of A.V. and A.V., Children

Appellant Maria Estrada and appellee Luis Valdivia were divorced in 2006. They are the parents of two children. In 2009, agreed orders were entered, naming both parents joint managing conservators, and granting Maria the exclusive right to designate their children’s primary residence. Later, Luis filed a petition seeking to modify the prior order and to be appointed the person with the right to de... More...   $0 (10-28-2015 - TX)

State of Delaware v. Johnson

On May 12, 1994, following a trial by jury, Defendant was found guilty of
two counts of Burglary Second Degree, two counts of Conspiracy Second Degree,
two counts of Felony Theft, Theft of a Firearm, Carrying a Concealed Deadly
Weapon, Possession of a Deadly Weapon by a Person Prohibited, Disregarding a
Red Light, and Resisting Arrest. On July 1, 1994, Defendant was declared a... More...
   $0 (10-27-2015 - DE)

Kelley v. Griffen

Wendy Kelley, in her official capacity as Director of the Arkansas Department of
Correction, and the Arkansas Department of Correction have petitioned this court for a writ
of certiorari lifting a stay of executions granted by the Pulaski County Circuit Court or,
alternatively, a writ of mandamus ordering the circuit court to expedite a scheduled hearing
on a preliminary injunction... More...
   $0 (10-21-2015 - AR)

Refugio Gomez, et al. v. Sol Ly

The Gomez family appeals the trial court’s denial of their motion to reinstate their lawsuit after dismissal for want of prosecution and raises two issues. First, they assert that the trial court abused its discretion in disqualifying their trial counsel. Second, they assert that the trial court abused its discretion in denying their motion to reinstate. We affirm the judgment of the trial court.<... More...   $0 (10-19-2015 - TX)

Okada v. Eighth Judicial Dist. Ct.

Kazuo Okada is a Japanese citizen who lives in Hong Kong
and is a former member of Wynn Resorts' board of directors. Okada is also
the president, secretary, and treasurer of Aruze USA, a financial holding
company with its principal place of business in Tokyo. Aruze, which is a
wholly owned subsidiary of Universal Entertainment Corporation, a
Japanese corporation, owns 20 percen... More...
   $0 (10-15-2015 - NV)

United Scaffolding, Inc. v. James Levine

Appellant United Scaffolding, Inc. (USI) raises two issues on appeal (1) asserting that there was charge error in the submission of a general negligence claim as opposed to a claim for premises liability, and (2) challenging the trial court’s order granting appellee
2
James Levine’s motion for new trial.1 We affirm.
I. BACKGROUND
In a day where civil cases rarely make it to trial, ... More...
   $0 (09-01-2015 - TX)

Levi Family Partnership, L.P. v. City of Los Angeles

After the South Valley Area Planning Commission (Commission) declined to approve an eldercare facility proposed by appellant Levi Family Partnership, appellant sought administrative mandamus against respondent City of Los Angeles (City). In denying mandamus, the trial court concluded that the Commission’s findings were adequate to support its decision. We affirm the judgment entered by the court... More...   $0 (10-13-2015 - CA)

Lead Hill v. Ozark Mnt. Reg'l Pub. Water Auth

On November 12, 2012, Ozark began supplying potable water to Lead Hill, and Lead
Hill paid for the water. On August 16, and September 16, 2013, Ozark sent Lead Hill
monthly invoices. The invoices totaled $10,555.02, which included a late fee of $51.99.
However, Lead Hill did not pay those invoices. On October 15, 2013, Lead Hill notified
Ozark that the Lead Hill City Council ha... More...
   $0 (10-12-2015 - AR)

Levi Family Partnership v. City of LA

The principal issues concern the application of Los Angeles Municipal Code section 14.3.1, which the Los Angeles City Council enacted in 2006. Prior to the enactment of that provision, developers seeking to build eldercare facilities often had to obtain several permits or variances. (Walnut Acres Neighborhood Assn. v. City of Los Angeles (2015) 235 Cal.App.4th 1303, 1306 (Walnut Acres).) In 20... More...   $0 (10-12-2015 - CA)

Oregon State Hospital v. Butts

The pertinent facts in this matter are uncontested. In January 2011, defendant was indicted on 21 felony counts, including nine counts of aggravated murder, for allegedly causing the death of Rainier Police Chief Ralph Painter. Shortly after defendant was indicted, his attorneys became concerned about his ability to aid and assist in his defense. The defense hired a psychiatrist, Dr. Larsen, to ev... More...   $0 (10-09-2015 - OR)

North County Advocates v. City of Carlsbad

Westfield proposed to renovate a portion of a shopping center located in the City. Originally built in 1969, the project site was developed "as a two- and three-story indoor shopping center with five main anchor department store buildings (i.e., Sears, Macy's, Macy's Men, JC Penney, and the vacant former Robinsons-May) and numerous smaller retail specialty shops." The site contains over 6,400 su... More...   $0 (10-09-2015 - CA)

Joseph E. McClain III v. Dell, Inc., Seaton Corp. d/b/a Staff Management

Joseph E. McClain III, proceeding pro se and in forma pauperis, filed this appeal from the trial court’s order granting the motion of Dell, Inc., Seaton Corp. d/b/a Staff Management (hereafter Dell) for sanctions, a declaration that McClain is a vexatious litigant, dismissing McClain’s fourth suit against Dell, and ordering him to pay Dell $4,000 in attorney’s fees. The case was originally appeale... More...   $0 (09-24-2015 - TX)

The Regents of the University of California et al. v. Superior Court of Los Angeles County et al.

Damon Thompson transferred to UCLA in the fall of 2008. Shortly after enrolling in classes, Thompson sent several emails to his history professor, Stephen Frank, reporting that he was “angered” by “offensive” remarks other students had made to him during an examination. Thompson asserted that he was “outrage[d]” because he believed the students’ conduct had affected his academic performance. Fr... More...   $0 (10-07-2015 - CA)

Penn v. Gallagher

In the instant petition to proceed in forma pauperis, petitioner Allen Lynn Penn seeks
leave to file a motion for rule on clerk to lodge the record without paying the filing fee required
to file such a motion. Penn appended his affidavit of indigency to the petition and also tendered
the motion for rule on clerk to the court for filing.
The record before us reflects that Penn tend... More...
   $0 (10-06-2015 - AR)

COLE v. TRAMMELL

Petitioner's nine-month-old daughter, Brianna Cole, was murdered on the evening of December 20, 2002. Brianna Cole's spine had been snapped in half and her aorta completely torn through due to non-accidental stretching. The State Medical Examiner ruled the death a homicide and described the official cause of death as fracture of the spine with aortic laceration. Petitioner confessed to causing the... More...   $0 (10-05-2015 - OK)

In re the Detention of Anthony Rushton

In 1989, at age fifteen, Anthony Rushton molested twin nine-year-old boys. As a
No. 32396-0-III In re Det. ofRushton result of this conduct, Rushton was convicted in juvenile court of first degree rape of a child. In 1994, Rushton stalked and violently raped a seventeen-year-old girl. He
followed the girl home and forced his way into her house. Once inside the home,
Rushton grabbed ... More...
   $0 (09-30-2015 - WA)

Marquez v. Dept. of Health Care Services

We begin with an overview of California’s Medi-Cal program for context, and then discuss the parties’ factual and legal contentions in this litigation. A. California’s Medi-Cal Program
Medi-Cal is California’s program under the joint federal-state program known as Medicaid. (Welf. & Inst. Code, § 14000 et seq.) Medicaid provides federal financial assistance to participating states to suppo... More...
   $0 (09-30-2015 - CA)

Simonelli v. City of Carmel-By-The-Sea

Simonelli’s May 6, 2013 administrative mandamus petition challenged the City’s February 5, 2013 approval of an application by Pot D’Oro to develop a vacant lot. Her petition identified Pot D’Oro as the developer who had been granted the approval, but it did not name Pot D’Oro as a party. The exhibits attached to the petition disclosed that the vacant lot in question was adjacent to Simonelli’s p... More...   $0 (09-28-2015 - CA)

Joseph E. McClain III v. Dell, Inc., Seaton Corp. d/b/a Staff Management

Joseph E. McClain III, proceeding pro se and in forma pauperis, filed this appeal from the trial court’s order granting the motion of Dell, Inc., Seaton Corp. d/b/a Staff Management (hereafter Dell) for sanctions, a declaration that McClain is a vexatious litigant, dismissing McClain’s fourth suit against Dell, and ordering him to pay Dell $4,000 in attorney’s fees. The case was originally appeale... More...   $0 (09-24-2015 - TX)

Myers v. State Board of Equalization et al.

Plaintiff Michael Myers filed this action against the State Board of Equalization (BOE), the State Insurance Commissioner, and the State Controller (collectively, the State Defendants), to compel the State Defendants to assess and collect the gross premium tax from Real Parties. Plaintiff alleges Real Parties are among the largest health “insurers” in this state by virtue of the significant premi... More...   $0 (09-26-2015 - )

Joanna T. v. Eighth Jud. Dist. Ct.

Petitioner Joanna T.'s daughter was removed from the care of
Joanna's mother, Sheila T., in December 2012 while Joanna was in jail.
An abuse-and-neglect petition was filed alleging that the child was in need
of protection and naming both Joanna and Sheila, but no summons was
issued as to Joanna and she did not appear at the adjudicatory hearing.
The abuse-and-neglect petit... More...
   $0 (09-24-2015 - NV)

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