Mitigation Law
 
Helen M. Collins v. Bayview Loan Servicing, LLC

In this dispute over the breach of a promissory note secured by real property, appellant Helen M. Collins challenges the trial court’s grant of summary judgment in favor of Bayview Loan Servicing, LLC. We affirm.

Background

In October 2005, Collins executed a promissory note in favor of LNB

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Commercial Capital Corporation to obtain loan proceeds. Collins also execute... More...
   $0 (10-01-2013 - TX)

State ex rel. Oklahoma Bar Association v. James David Ogle

¶1 James David Ogle (Respondent), OBA No. 17476, was admitted to practice law in the State of Oklahoma in 1997. He currently stands suspended in SCBD 5902 pursuant to Rules 7.1 and 7.2 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. 2011, ch. 1, app. 1-A. A complaint was brought pursuant to Rule 6, RGDP against the Respondent in SCBD 5940. The matters were joined for hearing before... More...   $0 (10-01-2013 - OK)

David Demarest and Jeffrey Moulton and Town of Underhill

¶ 1. ROBINSON, J. Petitioners appeal from the trial court’s 2012 order upholding the Town of Underhill’s decision to reclassify a segment of Town Highway 26 (TH 26) from a Class 3 and Class 4 highway to a legal trail. Petitioners argue that: the trial court should have appointed commissioners to make a report concerning the reclassification decision pursuant to 19 V.S.A. §§ 7... More...   $0 (09-27-2013 - VT)

Rocky Eugene Dodd v. Anita Trammell

Defendant Rocky Eugene Dodd was convicted on two counts of first-degree murder in Oklahoma state court and received two death sentences. The two victims were his next-door neighbors in an apartment complex in Edmond, Oklahoma. They were found in their apartment with their throats cut. The prosecution case was circumstantial; there were no eyewitnesses, no confession, and no fingerprint, blood, or ... More...   $0 (09-16-2013 - OK)

Commonwealth of Massachusetts v. John J. Tassinari

On November 1, 2010, a jury found the defendant guilty of murder in the first degree of his wife on the theories of deliberate premeditation and extreme atrocity or cruelty. The defendant argues error in the admission of evidence; the judge's failure to exclude a juror based on the juror's dual citizenship; portions of the prosecutor's argument; and jury instructions. He also seeks relief pursuant... More...   $0 (09-09-2013 - MA)

Michael Wayne Howell v. Anit Trammell

This appeal considers two petitions for habeas relief arising from the murder conviction and death sentence of Michael Wayne Howell. Howell’s first petition came before us in 2002. After the Supreme Court ruled that states could not impose capital punishment on persons with mental impairments, we abated that petition and allowed Howell to pursue a mental-disability challenge to his sentence in O... More...   $0 (09-06-2013 - OK)

Steven Kelley Richardson v. SV Almeda I Limited Partnership

Appellants Steven Kelly Richardson, Michelle Richardson, and Richard Day sued appellee SV Almeda I Limited Partnership, asserting various causes of action related to their alleged constructive eviction from an apartment. Almeda

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counterclaimed for accelerated rent, repayment of rental concessions, and attorney’s fees. The trial court granted summary judgment in Almeda’s favor, r... More...
   $0 (08-29-2013 - TX)

The People v. Paul Roger Moore

The People of the State of California charged Paul Roger Moore, age 49, with first-degree murder of Robert Ayala, age 43, on July 16, 2011. Ayala was the foreman of the Moore Brothers rice farming operation in Colusa County, California. He was killed by bomb planted when he turned on an irrigation pump.

Defense counsel claimed that Paul's bother Peter was the one who killed Ayala.
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   $0 (08-24-2013 - )

Friends of Oroville v. City of Oroville

In this action under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.),1 the Friends of Oroville and two individuals (collectively plaintiffs) challenge the City of Oroville‟s (the City) approval of an environmental impact report (EIR) for the project at issue—a relocated and expanded Wal-Mart Supercenter to replace an existing Wal-Mart of traditional dime... More...   $0 (08-19-2013 - CA)

John Marion Grant v. Anita Trammell

While serving a long sentence in state prison for a series of armed robberies, John Grant won a job as a kitchen worker. The job brought him under the supervision of Gay Carter, a civilian prison employee, but it wasn’t one that lasted very long. Mr. Grant was soon fired after he was caught fighting with another inmate — and Mr. Grant didn’t take getting fired very well. He came to bear a gr... More...   $0 (08-15-2013 - OK)

City of Perris v. Richard C. Stamper

Defendants and appellants, Richard C. Stamper, Donald D. Robinson, and Donald Dean Robinson, LLC (the owners), own a 9.1-acre parcel of land in Perris, California. The parcel (the Stamper Property) is vacant land zoned for light industrial use. In 2005, plaintiff and respondent, City of Perris (the City), designated certain truck routes in an amended circulation element of its general plan. To est... More...   $0 (08-09-2013 - CA)

Roderick L. Smith v. The State of Oklahoma

¶1 Appellant, Roderick L. Smith, was convicted by a jury in Oklahoma County District Court, Case No. CF-1993-3968, of five counts of First Degree Murder, 21 O.S.1991, § 701.7(A). He was originally sentenced to death on all five counts. This Court affirmed his convictions and sentences on direct appeal. Smith v. State, 1996 OK CR 50, 932 P.2d 521. The United States Supreme Court denied certiorari... More...   $0 (08-07-2013 - OK)

Jason L. Graman & Martin Graman v. IBP Retail No. 5, L.P.

Jason L. Graman and Martin Graman appeal the trial court’s judgment, complaining of the trial court’s grant of summary judgment and award of attorney’s fees. We conclude the dispositive issues before us are clearly settled in law. Accordingly, we issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4. The factual nature of this case, as well as its procedural histor... More...   $0 (07-30-2013 - TX)

Masonite Corporation v. County of Mendocino

Masonite Corporation (Masonite) appeals from a judgment denying its petition for writ of mandate to set aside approvals by Mendocino County (County) of the Kunzler Terrace Mine Project (Project) to be developed by Granite Construction Company (Granite; Granite and the County are hereafter referred to collectively as respondents), and the final environmental impact report (EIR) for its Project, for... More...   $0 (07-25-2013 - CA)

Roman Catholic Bishop of Springfield v. City of Springfield

The Roman Catholic Bishop of Springfield (RCB) challenges the district court's grant of summary judgment to the City of Springfield (City) and dismissal of RCB's constitutional and statutory claims against enforcement of a City ordinance that created a single-parcel historic district encompassing a church owned by RCB. Under the ordinance, RCB cannot make any changes that affect the exterior of t... More...   $0 (07-22-2013 - MA)

5907 Blvd., L.L.C. v. West NY Suites, L.L.C.

Defendant West NY Suites, L.L.C., appeals from the Law Division's judgment following a bench trial finding it liable on

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a breach of contract claim brought by plaintiff 5907 Boulevard, L.L.C, and awarding damages and attorney's fees. We affirm.

In summary form, the parties entered into a contract for the sale of an apartment building from plaintiff to defen... More...
   $0 (07-19-2013 - NJ)

Circle Ridge Production, Inc. v. Kittrell Family Minerals, LLC

Kittrell Family Minerals, LLC,1 brought a declaratory judgment2 and conversion suit against Circle Ridge Production, Inc., alleging that Circle Ridge failed to pay the prescribed overriding royalties even after receiving notice of its failure. Kittrell claimed the failure resulted in a forfeiture of the assignment of an oil and gas lease. The trial court granted Kittrell’s motion for summary jud... More...   $0 (07-17-2013 - TX)

Douglas Edward Tilden v. The State of Oklahoma

¶1 On April 9, 2010, Appellant Tilden, represented by counsel, entered a guilty plea to a charge of Petit Larceny after former conviction of a felony in Payne County Case No. CF-2008-443. Tilden was sentenced to five years, all suspended, subject to terms and conditions of probation. Tilden did not seek to withdraw his plea or otherwise appeal his conviction. On August 10, 2011, the State filed a... More...   $0 (07-12-2013 - OK)

Steve Beck v. Oak Tree Partners, LLC

Steve Beck and Rhonda Beck sued Oak Tree Partners, LLC, Dunhill Develop0ment and Jeffrey O. Bolding on breach of contract theories claiming:

1. The events and occurrence which give rise to Plaintiffs’ causes of action occurred in and relate to real property located within Oklahoma County, Oklahoma. Accordingly, venue is proper in Oklahoma County, Oklahoma.

ALLEGATIONS COMMON TO... More...
   $0 (07-11-2013 - OK)

Joseph A. Reinagel, Jr. v. Deutsche Bank National Trust Company

In this case, mortgagors who defaulted on their note seek to enjoin a bank from foreclosing, contending that the assignments by which the bank obtained the note and corresponding deed of trust were “robo-signed” and therefore invalid. The district court granted the bank’s motion to dismiss. We affirm.

I.

In February 2004, Dia and Joseph Reinagel, the appellants, purchased a pro... More...
   $0 (07-11-2013 - TX)

RBD Construction Co. v. Stone Creations, LLC

RBD Construction Co. sued Stone Creations, LLC, Hector Del Bosque, Performance Roofing, Inc., dba A-Best Roofing and Ron Demaree on negligence theories and breach of contract theories claiming:

1. R.B.D. Construction is an Oklahoma corporation with its principal place of business in Tulsa County, Oklahoma.

2. The original Petition in this Case was filed October 21, 2011.

... More...
   $1 (07-06-2013 - )

United States of America v. Mark Neuman, Lane Lyons and Timothy D. Larkin

United States of America charged Mark Neuman, Lane Lyons and Timothy D. Larkin with conspiracy to commit mail fraud in violation of 18 U.S.C. 1349 and money laundering in violation of 18 U.S. 1956 in conjunction with the operation of Summit Accomodators, Inc. Accomodator was set up to facilitate 1031 tax-deferred exchanges, sued by investors to avoid or defer taxes.

The Government claim... More...
   $0 (07-03-2013 - NV)

Pruco Life Insurance Company v. Wilmington Trust Company

Wilmington Trust Company and Jay L'Archevesque, co-trustees of the Paul E. L'Archevesque Special Revocable Trust-2006, challenge the district court's grant of summary judgment to Pruco Life Insurance Company on Pruco's claim for a judgment of mutual rescission of a life insurance policy, owned by the trust, on the life of Paul L'Archevesque.

This case turns on a limited set of mat... More...
   $0 (06-28-2013 - RI)

Scott B. v. Board of Trustees of Orange County High School of Arts

Appellant Scott B. was a student at the Orange County High School of the Arts (OCHSA or the school), a charter school. The school permits the dismissal of a student if the student accumulates 25 demerits. Although Scott exceeded the maximum number of 25 demerits allowed, the school did not dismiss him. However, when Scott exhibited a knife at school and threatened a fellow student, he was suspende... More...   $0 (06-14-2013 - CA)

Oncor Electric Delivery Company LLC v. Public Utility Commission of Texas

Oncor Electric Delivery Company LLC sued for judicial review of a final order issued by the Public Utility Commission denying the recovery of certain rate-case expenses under the Public Utility Regulatory Act (PURA).1 See Tex. Util. Code §§ 11.001-66.016. The district court affirmed the Commission’s final order. In its order, the Commission found that Oncor was entitled to recover its reasonab... More...   $0 (06-14-2013 - TX)

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