We issued an opinion in this case on December 30, 2014, affirming the trial court's judgment. Appellant, Rick Wood, subsequently filed a motion for rehearing. Without changing our previous disposition, we deny the motion for rehearing,
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withdraw our earlier opinion and associated judgment, and issue this substitute opinion and judgment in their stead.
This is an appeal from a Travis C

The issue before us in this case is the validity of an attorney fee award granted in favor of defendant homeowners under former section 1354, subdivision (c), of the Civil Code, a provision of the Davis-Stirling Common Interest Development Act (hereafter the CID Act).1 The CID Act applies to
1 In 2012, subsequent to all of the lower court proceedings in this matter, the CID Act was recodified.

Jennifer Ghigliotti and Chris Ghigliotti sued Jimmy E. Smith, Joe Carey and Elizabeth Carey seeking damages claiming:

1. Plaintiffs own and live in a house located at 1525 S.E. 6th Street in Moore, OK.
2. Several months ago, Plaintiffs neighbors (Defendants Joe Carey and Elizabeth Carey, hereinafter "The Careys”) sued Plaintiffs over a dispute over a fence the properties share,

In this dispute between defendant Ruben Munoz and plaintiff Ryland Mews Homeowners Association (HOA or Association), plaintiff obtained a preliminary injunction requiring Munoz to remedy the unauthorized modification of the flooring in his upstairs condominium unit to reduce the transmission of noise to the unit below. Defendant contends that the superior court improperly balanced the prospective

The Kitsap Rifle and Revolver Club appeals from the trial court' s decision
following a bench trial that the Club engaged in unlawful uses of its shooting range property.
Specifically, the Club challenges the trial court' s determinations that the Club had engaged in an
impermissible expansion of its nonconforming use; that the Club' s site development activities
violated land use

We must decide whether the city of Bothell assumed
responsibility for maintaining a drainage pipe installed in Crystal Ridge, a residential
subdivision in Snohomish County. Crystal Ridge was developed from two residential
plats that Snohomish County approved in 1987. The area became incorporated into
the city of Bothell (City) in 1992. One of the plats contained a drainage easement

Defendant appeals a judgment of conviction for one
count of possession of methamphetamine, ORS 475.894,
and one count of erecting a structure on a public right of
way, in violation of Portland City Code (PCC) 14A.50.050.
He assigns error to the trial court's denial of his motion to
suppress evidence found after a police officer lifted a tarp to
defendant's makeshift shelter

Defendant Southern California Edison Company (Edison) appeals from a judgment following a jury trial in which the jury found in favor of plaintiff Simona Wilson on her claims for intentional infliction of emotional distress (IIED), negligence, and nuisance, and awarded her $1,050,000 in compensatory damages and $3 million in punitive damages. All of her claims are based upon her allegation that Ed

Plaintiffs challenge a City of Sacramento (City) ordinance. Among other things, they assert the ordinance is unconstitutional both on its face and as applied to them. We will reverse a portion of the trial court's order sustaining the City's demurrer. Although plaintiffs fail to meet their appellate burden on most of their claims, they state a cause of action for declaratory relief asserting an as

Cassidi Pease used the Town of Fairfax on negligence and nuisance theories claiming that she was injured and damages as a result of a sewer backup into her property.

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,

of Oklahoma.
do
STATEMENT OF FACTS
Plaintiff, Janna Esau ("Ms. Esau”), for her cause of action against Defendant, CSCC
Nursing, LLC ("CSCC Nursing”), alleges and states as follows:
1. Ms. Esau is an individual who resides in Tulsa County.
2. CSCC Nursing is a Georgia limited liability company which is doing business in Tulsa County. CSCC Nursing operates a nursi

Chuck O'Dell v. Murphy Resources, Inc., Larence Smith and Lori Smith

Issue # 1.
Issue: PROFESSIONAL NEGLIGENCE (PROFNEG)
Filed by: ODELL, CHUCK
Filed Date: 12/24/2008
Party Name: Disposition Information:

Defendant: MURPHY RESOURCES INC
Disposed: DISMISSED - WITH PREJUDICE, 09/30/2013. Dismissed- Settled.

Defendant: SMITH, LAWRENCE
Dispos

¶ 1 This case requires us to once again define the contours of the ―natural condition‖ exception to the waiver provision of the Governmental Immunity Act of Utah.
¶ 2 Appellant Todd Glaittli sued the State of Utah for injuries he suffered when his boat ―heaved‖ and struck him, shattering his shoulder. Mr. Glaittli claimed his injuries were due to the
GLAITTLI

In an unsuccessful attempt to apprehend George P. Conway's adult son, Donald Conway,1 who reportedly had fired shots at George, officers from defendant County of Tuolumne (County) fired a tear gas canister into George's mobile home. Donald was not inside but was apprehended later. George brought suit against the County for damage to
1We refer to George and Donald Conway by their first names to

Union Carbide Corporation appeals from a judgment entered in favor of Plaintiffs Bobbie Izell and Helen Izell on claims for personal injuries and loss of consortium stemming from Mr. Izell's alleged exposure to Union Carbide asbestos and subsequent diagnosis with mesothelioma. After a four-week trial the jury returned special verdicts finding Union Carbide 65 percent comparatively at fault for Pla

Appellants Floyd Squires, III and Betty Squires (when referred to collectively, plaintiffs) sued the city of Eureka and several individuals. The complaint alleged 10 causes of action, the first seven common law claims, the last three under 42 U.S.C. § 1983. Defendants filed an anti-SLAPP motion, which the trial court granted as to the first seven causes of action, allowing plaintiffs to conduct

These consolidated appeals concern the dismissal with prejudice, under Federal Rule of Civil Procedure Rule 12(b)(6), of the second amended complaints filed in two related toxic tort cases asserting common-law and statutory claims under Florida law. Given the posture of these appeals, one would have expected the parties' briefs to focus exclusively on whether the allegations in the complaints stat

The State of Texas brought an action against Jae Kim, Fannin Food Mart, Inc., and The Real Property Known as 2111 Fannin Street (collectively, "the Fannin Parties”), asserting a common nuisance claim. The State obtained a permanent injunction against the Fannin Parties aimed at reducing crime occurring
2
on and around the property. In six issues, the Fannin Parties assert (1) the evi

Defendants DISH Network LLC (DISH), AT&T Corporation (AT&T), and EchoStar Satellite LLC (EchoStar) appeal the judgment and two postjudgment orders in favor of plaintiffs Manuel and Deborah Holguin (the Holguins) following a jury trial on the Holguins' complaint for breach of contract, negligence, and other torts. DISH, AT&T, and EchoStar contend that the trial court erred by denying their motion f

Defendants DISH Network LLC (DISH), AT&T Corporation (AT&T), and EchoStar Satellite LLC (EchoStar) appeal the judgment and two postjudgment orders in favor of plaintiffs Manuel and Deborah Holguin (the Holguins) following a jury trial on the Holguins' complaint for breach of contract, negligence, and other torts. DISH, AT&T, and EchoStar contend that the trial court erred by denying their motion f

This appeal arises from a claim by appellant Lee Ann Wheelbarger that the appellees, the City of El Lago and Richard Smith (sued in his official capacity only), violated her constitutional right to due process in determining that a condominium complex in which she owned a unit had been "substantially
2
damaged” by Hurricane Ike. She claimed that this determination, communicated in a

The California Coastal Commission (Commission) appeals from a judgment in a
mandamus action directing the Commission to remove three conditions from a coastal
development permit amendment (permit) issued to Barbara Lynch and Thomas Frick
(collectively, respondents). The Commission contends respondents waived any challenge
to these conditions by signing and recording documents agree

¶1 This is an appeal from a judgment of the county court of Osage county rendered against Edna Drew Pryor, administratrix of the estate of Antwine Pryor, deceased, and against the estate of said deceased, and in favor of Antwine Pryor, a minor, and putative bastard child of Antwine Pryor, deceased.

¶2 The record discloses that bastardy proceedings were instituted in the county court of

¶ 1 This case requires us to once again define the contours of the ―natural condition‖ exception to the waiver provision of the Governmental Immunity Act of Utah.
¶ 2 Appellant Todd Glaittli sued the State of Utah for injuries he suffered when his boat ―heaved‖ and struck him, shattering his
GLAITTLI v. STATE
Opinion of the Court
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shoulder. Mr. Gl