PDX, Inc. claims the trial court erred when it denied a motion to strike brought under Code of Civil Procedure section 425.16, and refused to dismiss a negligence and product liability action as a Strategic Lawsuit Against Public Participation. Because the plaintiff demonstrated a probability she may prevail on her claim, we affirm.

BACKGROUND

Kathleen Hardin suffered complete blindn... More...   $0 (06-19-2014 - CA)

An attorney, who represented a client in two divorce cases and a related Marvin1 action without a statutorily required written hourly or contingency fee agreement, sued his client for the reasonable value of the services he rendered in the three cases. The jury, using a multiplier of five to increase the attorney’s hourly rate to $5,000 per hour, awarded the attorney $7.8 million in attorney fee... More...   $0 (06-18-2014 - CA)

This is an appeal out of Kootenai County from a judgment dismissing Mr. Pierce’s complaint seeking damages he sustained in what he contended was a foreclosure scam. Only Mr. McMullen, a Defendant, appeared in the action, but he did not deny the allegations of wrongdoing in the complaint. When Mr. McMullen failed to appear at the trial, the district court ordered that he was in default, that Mr. ... More...   $0 (06-17-2014 - ID)

This is an appeal from a judgment awarded to homeowners Ahmad and Ibrahim Abousway, who submitted a claim for loss of property following a fire. The appellant insurance company challenges the sufficiency of the evidence to support the trial court’s judgment and findings of fact and conclusions of law. We affirm.

2

BACKGROUND

Ahmad and Ibrahim Abousway had a homeowner insuran... More...   $0 (06-17-2014 - TX)

The sole question presented on this appeal is whether the district court properly dismissed the appellant's complaint for lack of subject matter jurisdiction. Finding that dismissal was proper, we affirm the ruling of the district court.

BACKGROUND

In September 2008, appellant Janet S. Grapentine ("Grapentine") entered into a mortgage contract with appellee Pawtucket Credit Union ("P... More...   $0 (06-16-2014 - RI)

¶1 Summit County (the County) appeals the entry of judgment in favor of Jim Nebeker on Nebeker’s negligence claim. Nebeker cross-appeals, contending that the court improperly imposed a statutory cap to reduce the judgment from $594,400.21 to $221,400. We affirm.
BACKGROUND
¶2 John Rhineer was Nebeker’s accountant prior to Rhineer’s death on November 14, 2003. Later that year, Wells... More...   $0 (06-12-2014 - UT)

LOS ANGELES, CA – Rosa Fernandez, 38, of Camarillo, was sentenced earlier today by United States District Court Judge John A. Kronstadt to 97 months in federal prison for her involvement in a mortgage fraud scheme.

Fernandez was arrested in June 2010 and charged along with nine other individuals in a federal indictment with scheming to defraud banks by falsifying loan applications and ... More...   $0 (06-12-2014 - CA)

Mortgage Electronic Registration Systems, Inc.
(“MERS”), a subsidiary of MERSCORP, Inc., operates an
electronic mortgage registration system (“the MERS
System”). MERS is distinct from the MERS System. The
MERS System is a private electronic database that records the
ownership of and servicing rights in home loans. Various
financial institutions are members of the ME... More...   $0 (06-12-2014 - AZ)

Plaintiff obtained a loan secured by a deed of trust on real property. The loan is in default. He brings this action against the bank, as trustee of a mortgage trust, to prevent the bank from initiating foreclosure proceedings. An insuperable barrier stands in his way, California's nonjudicial foreclosure statutes. Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, explains why act... More...   $0 (06-09-2014 - CA)

This appeal requires us to interpret a state statute—the Pennsylvania Uniform Planned Community Act (UPCA), 68 Pa. Cons. Stat. §§ 5101–414—in the bankruptcy context. Appellant Kelly Makowka seeks in Chapter 13 proceedings to avoid a portion of claims made by her homeowners association, Pocono Mountain Lake Estates Community Association (the Association). The Bankruptcy Court, in an order a... More...   $0 (06-09-2014 - PA)

W. Robert and Lura B. Mathews appeal an order awarding Branch Banking and Trust Co. (BB&T) surplus funds from the foreclosure sale of their home. The trial court found that BB&T was entitled to the entire surplus amount to satisfy a second mortgage interest in the property. We conclude that the trial court erred in

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awarding BB&T the surplus funds because it failed to file a cla... More...   $0 (06-06-2014 - fl)

The class action is an ingenious procedural innovation that enables persons who have suf-fered a wrongful injury, but are too numerous for joinder of their claims alleging the same wrong committed by the same defendant or defendants to be feasible, to obtain relief as a group, a class as it is called. The device is especially im-portant when each claim is too small to justify the expense of a sepa... More...   $0 (06-02-2014 - IL)

In this mortgage foreclosure action, One West Bank seeks certiorari review of the order entered in favor of homeowners Christine and Thomas Bauer.1 Because we conclude the trial court departed from the essential requirements of law in finding that One West Bank failed to establish its standing to foreclose, we grant its petition for writ of certiorari.

In August 2009, One West Bank brought ... More...   $0 (05-30-2014 - FL)

Defendant Christian Arce pleaded guilty to assault with a firearm. He appeals from a postjudgment order requiring him to pay restitution to compensate the victim for economic losses.1 He contends that the order must be reversed because (1) the People waived their ability to seek such restitution; (2) the portion of the order compensating the victim for future lost wages lacks a rational basis; and... More...   $0 (05-28-2014 - CA)

SHERMAN, Texas - A 53-year-old Aledo, Texas woman has been sentenced to federal prison for her role in a mortgage fraud scheme in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Donna Shirley Cobb pleaded guilty on Oct. 16, 2013 to conspiracy to defraud the United States and was sentenced to 21 months in federal prison today by U.S. District Judge Thad Hear... More...   $0 (05-28-2014 - TX)

Appellants Green Tree Servicing, LLC and U.S. Bank as Trustee of the Servertis Fund I Trust 2009-2 Grantor Trust Series 2009-2 challenge the trial court’s judgment granting damages and attorney’s fees in favor of appellee Eric M. Sanders. Because Sanders failed to plead for attorney’s fees and because the issue of attorney’s fees was not tried by consent, we reverse the portion of the tria... More...   $0 (05-28-2014 - TX)

This case concerns rescission procedures and the calculation of attorneys’ fees under the Truth in Lending Act (TILA). On November 16, 2006, appellant Wilson Iroanyah closed on two separately documented loans. Appellee Taylor Bean & Whitaker Mortgage Corporation (TBW) loaned Wilson $192,000 (first loan) and $36,000 (second loan). Wilson and his wife, appellant Joan Iroanyah, own a home in Stream... More...   $0 (05-28-2014 - IL)

Following the 2011 foreclosure on her home, plaintiff Rhonda Mills filed this suit against defendants U.S. Bank, N.A. ("U.S. Bank"), OneWest Bank, F.S.B. ("OneWest"), and Mortgage Electronic Registration Systems, Inc. ("MERS"), raising a potpourri of challenges to OneWest's authority to foreclose on her property. On appeal from the district court's dismissal of her suit for failure to state a clai... More...   $0 (05-27-2014 - MA)

Marvin B. Graham borrowed money to purchase a house in 2004. Approximately seven years later, he defaulted on his loan and received a notice of sale. Graham filed this action to halt foreclosure proceedings and to cancel the note. He contends the "defendants' Lending Personnel"1 made fraudulent misrepresentations or omissions by stating the appraised fair market value of his home in 2004 was "incr... More...   $0 (05-25-2014 - CA)

This conflict-of-laws case requires us to determine whose state law governs the enforceability of mutual clauses in a postnuptial agreement that waived each spouse’s elective share. Two Florida residents were married in Florida in 1991. A few months later, they signed a postnuptial agreement in Florida. The agreement expressly provided that Florida law would apply. The married couple subsequentl... More...   $0 (05-23-2014 - IA)

This is an appeal from a modification order in a “high-conflict” suit affecting the parent-child relationship (SAPCR).1 The appellant, Kirk Brand Coburn, challenges the trial court’s modification order, which (1) increased his monthly child-support obligation, (2) granted the appellee, Janet Moreland, the exclusive right to make certain decisions concerning their children’s education and h... More...   $0 (05-23-2014 - TX)

In this divorce proceeding, the trial court made findings of fact and conclusions of law after a two-day bench trial and rendered a final decree of divorce. In the decree, the trial court divided the marital estate, awarded a reimbursement to the separate estate of appellee Denis Lyons Burns, and burdened specific separate property of appellant Virginia Roe Hinton1 with an equitable lien to secure... More...   $0 (05-22-2014 - TX)

Appellants Tammy Gong (“Gong”) and L&G Rosemead Garden LLC (“L&G”) (Gong and L&G are jointly referred to as “appellants”) seek to impose liability on the City of Rosemead (the “City”) for the alleged tortious conduct of John Tran (“Tran”), a former member of its City Council and former mayor of the City. Appellants allege that while L&G’s proposed real estate project was proc... More...   $0 (05-20-2014 - CA)

In the trial court below, appellee Ashanti Johnson Turner1 sought “enforcement” of an agreed final decree of divorce respecting her and appellant Frank Pyrtle, III. The trial court granted, in part, the relief requested by Turner. In five issues on appeal, Pyrtle challenges the portions of the trial court’s order (1) awarding Turner a money judgment in the amount of $88,400 plus interest for... More...   $0 (05-19-2014 - TX)

This appeal arises from judgments in a marriage dissolution action regarding the division of retirement and employment benefits, the division of other assets, the award of temporary and permanent spousal support, and the denial of requests for attorney fees and costs. We affirm in part and reverse in part.

FACTS

Appellant Leslie Moore and respondent Terry Moore were married for over ... More...   $0 (05-09-2014 - CA)