Misrepresentation Law
 
Gregorio Lopez v. Asbury Fresno Imports, L.L.C.

Plaintiffs appeal from the judgment entered against them after a court trial in an action alleging various violations of consumer protection statutes. We conclude the trial court correctly determined the alleged violations did not constitute violations of the consumer protection statutes invoked, or plaintiffs failed to comply with the statutory prerequisites to recovery. Therefore, we affirm.

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Philip Ashburn v. AIG Financial Advisors

Plaintiffs and appellants (appellants) are five former employees of Pacific Bell who took early retirement, with the option to take a pension or a lump sum payment. All appellants chose the lump sum, persuaded to do so by respondent Sharon Kearney, with whom each appellant had significant interaction, having first learned of her from presentations made at the Pacific Bell premises. And all appella

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Baron & McLary General Contractors, Inc. v. Catherine J. Depew

Comes now the Plaintiff, Barron & McClary General Contractors, Inc., an Oklahoma Corporation, and for its Claims for Relief against the Defendant Catherine J. Depew, an individual alleges and states as follows:
PARTIES, JURISDICTION, VENUE
1 The Plarntifftransacts business in Tulsa County, State of Oklahoma N
2 The Defendant resides in Tulsa County, State of Oklahoma
3 The events a

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Jana Clark v. PFPP Limited Partnership d/b/a Planet Dodge

Janet Clark purchased a pickup truck from Manuel Santoy that she later discovered had been stolen from PFPP Limited Partnership d/b/a Planet Dodge (Planet Dodge). Clark lost both the pickup truck and the $22,000 she paid to Santoy. Clark sued Planet Dodge, along with a number of other defendants. As relevant to this appeal, Clark sought to recover from Planet Dodge the $22,000 she paid to Santoy,

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Los Angeles Memorial Coliseum Commission v. Insomniac, Inc.

Plaintiffs and appellants Los Angeles Memorial Coliseum Commission (Commission) and Los Angeles Memorial Coliseum Association (Association)1 appeal from a judgment and order of dismissal entered following the sustaining without leave to amend of demurrers by defendants and respondents Insomniac, Inc. (Insomniac); Pasquale Rotella (Rotella); Go Ventures, Inc. (Ventures); and Reza Gerami (Gerami).2

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The People v. Jorge Armando Juarez Perez

Defendant Jorge Armando Juarez Perez pled guilty to possessing methamphetamine for sale and possessing a firearm within 1000 feet of a school. The court placed him on probation and ordered him to spend 180 days in jail with credit for 157 days, including conduct credits. Defendant subsequently filed a timely motion to withdraw his guilty pleas. (Pen. Code, § 1018; all undesignated statutory refer

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Carlton M. Albert v. Daniel B. Albert

[¶1] Carlton M. Albert Jr. appeals from a judgment entered in the Superior
Court (Aroostook County, Hunter, J.) in favor of his brother Daniel B. Albert,
following a non-jury trial. Carlton contends that the trial court erred in finding
that, when Carlton conveyed a parcel of land to Daniel in 1992, Daniel did not
have a confidential relationship with him and that Daniel did not u

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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

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United States of America v. Robert V. Kelton and Bruce Brande

Key West, FL - Two Florida marine life dealers pled guilty before U.S. Magistrate Judge Lurana Snow in Key West, Florida, for trafficking wildlife.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Tracey Dunn, Assistant Director, NOAA Fisheries Office of Law Enforcement, and David Pharo, Resident Agent in Charge, U.S. Fish & Wildlife Service, Office of Law E

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Mark Vukanovich v. Larry Kine

Judgment reversed and remanded for entry of judgment
reinstating jury’s verdict of $686,000; otherwise affirmed.
______________
* Lagesen, J., vice Wollheim, S. J.
624 Vukanovich v. Kine
Vukanovich and Kine, both real estate developers, agreed to work together
to purchase a parcel of real property from Umpqua Bank (the bank). The joint
endeavor failed, and the parties

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Jeffrey Stevenson v. Charles Burton and Burton Construction

COMES NOW, Jeffrey Stevenson, Plaintiff in the above styled and captioned cause, by and through his undersigned counsel, Cynthia Rowe D’Antonio, of The Law Offices of Smith & D’Antonio, for his Petition against Defendants alleges and states as follows:
JURISDICTION AN]) VENUE
1. Plaintiff, Jeffrey Stevenson, at all times relevant and material here is an individual residing in Oklahoma

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Jeff Green v. Jeff Brown, Mark Knowles and Anastasia Cardenas

This is an action brought by the Plaintiff, Jeff Green, to recover actual, statutory, and punitive damages, reasonable attorney’s fees, and costs from the Defendants, Jeff Brown, Mark Knowles, and Anastasia Cardenas, for altering an odometer and giving false disclosures about the mileage of a motor vehicle. These acts violated sub chapter IV of the Motor Vehicle Information and Cost savings Act,

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Adam Nick v. Department of Alcoholic Beverage Control and 7-Eleven, Inc.

In this original proceeding, petitioners Adam Nick and Sherry Nick
(collectively, Nick) challenge respondent Department of Alcoholic Beverage Control’s
(Department) decision granting real party in interest 7-Eleven, Inc. (7-Eleven) a license to
sell beer and wine at its store located in the City of Lake Forest (City). The Alcoholic
Beverage Control Act (Bus. & Prof. Code, § 2300

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Mike and Geri Jones v. Robert and Patricia Zearfoss

This case involves alleged misrepresentations and nondisclosures made during the sale of a residence. Mike and Geri Jones sued Robert and Patricia Zearfoss asserting DTPA, statutory real estate fraud, common law fraud, negligent misrepresentation, and negligence claims. Subsequently, the Zearfosses filed a motion for summary judgment, asserting both no-evidence and traditional grounds. The trial c

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Margaret Sue Unsell v. Koni L. Couts-Spears DDS

COMES NOW the Plaintiff with her Petition against the Defendants and alleges and states as follows:
1. On or about April 5, 2011, Plaintiff was seen for consultation and examination by Defendants to begin the process to restore her teeth, including bone grafts and crowns and bridge work, by Defendant Koni L. Couts-Spears, D.D.S., at the office of Defendant Koni L. Couts, D.D.S, P.C., in Oklaho

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Bank of America, N.A. v. Unknown Successors of Sarah Jane Lewis

¶1 Bank of America, N.A. (Bank), appeals the judgment of the district court that Bank's mortgage did not include a strip of land claimed by Padgett Development Company, LLC (PDC). Bank also appeals the court's fee award to PDC as a prevailing party in Bank's foreclosure action. We affirm the decisions of the district court.

BACKGROUND

¶2 The relevant facts begin in July 1976, w

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Darryl Gumm v. Betty Mitchell, Warden

Petitioner Darryl Gumm is mentally retarded and has an IQ of
approximately 70. He was convicted by an Ohio jury for the kidnapping, attempted rape, and
murder of ten-year-old Aaron Raines. For these crimes, Petitioner was sentenced to death. His
convictions and sentences were affirmed on direct appeal, and his state post-conviction petition
was found to lack merit by the Ohio state

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Taylor Bell v. Itawamba County School Board

This appeal raises a First Amendment challenge to a public high school student=s suspension and transfer to alternative school for his off-campus posting on the Internet of a rap song criticizing, with vulgar and violent lyrics, two named male athletic coaches for sexually harassing female students at his school. The aspiring student rapper, Taylor Bell, composed the song off campus, recorded it a

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United States of America v. Rasheed Babatunde Kayode

Rasheed Babatunde Kayode was sentenced to 210 months’ imprisonment after pleading guilty to mail fraud, aggravated identity theft, and unlawful procurement of naturalization. Kayode subsequently petitioned the district court to vacate his plea agreement pursuant to 28 U.S.C. § 2255, arguing that his counsel failed to warn him of the likely deportation consequences of his guilty plea. The distri

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United States of America v. Deanta Marquis Long a/k/a Deante Marquis Long

A jury convicted Defendant Deanta Marquis Long of being a felon in possession
of firearms and ammunition, attempting to manufacture 28 grams or more of cocaine
base, possessing cocaine with intent to manufacture cocaine base, and possessing
firearms in furtherance of drug-trafficking crimes. The primary focus of his appeal is the
affidavit for a search warrant that led to discovery

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In the Interest of A.H., M.H. and J.H.

Appellant C.H. (“the mother”) appeals the trial court’s judgment terminating
her parental rights to her children A.H., M.H., and J.H. Appellant J.H. (“the
father”) appeals the trial court’s judgment terminating his parental rights to his
children M.H. and J.H.1 The mother and the father each raise two issues on
1 In the father’s appellate brief, he states that he is t

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Florida Peninsula Insurance Company v. Maricela Cespedes

Maricela Cespedes brought an action against her property insurer, Florida
Peninsula Insurance Company, for failure to pay benefits regarding her claim for
sinkhole damages. Florida Peninsula moved for summary judgment arguing that Ms.
Cespedes' policy excluded sinkhole damage. Ms. Cespedes countered with a motion
- 2 -
for partial summary judgment in which she argued that her h

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Renee Feresi v. The Livery, LLC

The Commercial Code1 provides that "a financing statement must be filed to perfect all security interests . . . ." (§ 9310, subd. (a).) It further provides, "A perfected security interest . . . has priority over a conflicting unperfected security interest . . . ." (§ 9322, subd. (a)(2).) Although the code reflects the Legislature's intention to create a simplified, clear and uniform means of pri

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Hamid Rashidi v. Franklin Moser

In professional negligence actions against health care providers, recovery of noneconomic damages is capped at $250,000. (Civ. Code, § 3333.2, enacted as part of the Medical Injury Compensation Reform Act of 1975 (MICRA).)1 In any action, liability for noneconomic damages is several only, so that defendants pay in proportion to their share of fault. (§ 1431.2, part of the Fair Responsibility Act

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Hyundai Amco America, Inc. v. S3H, Inc.

Hyundai Amco America, Inc. (Hyundai Amco), and S3H, Inc. (S3H), entered into a subcontractor services agreement. Their agreement provided that disputes would be subject to arbitration. Hyundai Amco sued S3H for breaching the agreement, as well as for other related causes of action. S3H filed a motion to compel arbitration; the trial court denied the motion on the ground that S3H had failed to alle

More...   $0 (12-17-2014 - CA)

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