Facing for the first time a requirement to review for environmental impacts its
statutorily mandated fish hatchery and stocking enterprise that has been in operation for
more than 100 years, California’s Department of Fish and Wildlife (the Department)
chose to use a program environmental impact report (EIR) to analyze the enterprise’s
impacts on a statewide basis. Instead of a... More...   $0 (02-10-2015 - CA)

In this child custody dispute following a final custody determination, we issue a peremptory writ in the first instance because respondent court has improperly deprived petitioner of an opportunity to be meaningfully heard before granting real party’s move-away request to take the two minor children from the State of California to the State of Washington.
A meaningful hearing is a critical r... More...   $0 (02-09-2015 - CA)

¶1 This case, like Nevares v. M.L.S., 2015 UT 34, presents ques-tions concerning the applicability and constitutionality of Utah Code section 78B-6-111. That provision forbids a biological father
1 Associate Chief Justice Nehring acted on this case prior to his retirement.
IN RE ADOPTION OF J.M.S.
Opinion of the Court
2
from challenging an adoption when his child was conceived... More...   $0 (02-06-2015 - UT)

The City elected to take property belonging to the Whittingtons. As part of the process,
the City paid a deposit into the registry of the trial court, and the deposit was later placed in an
investment account with the permission of the parties. After the supreme court determined that the
condemnation of the property was proper, the district court awarded the investment income to theMore...   $0 (01-29-2015 - TX)

¶1 Plaintiffs/Appellees (collectively, the Meines) commenced this action in the Fifth
Judicial District Court, Beaverhead County, against Defendants/Appellants (collectively,
the Hrens) seeking a determination that they hold a prescriptive easement over the Hrens’
land and a permanent injunction prohibiting the Hrens from blocking or impeding the use
of this easement. Following ... More...   $0 (01-27-2015 - MT)

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 ... More...   $0 (01-27-2015 - CA)

In order to access their home in Novato, California, James Scott Richardson and Lisa Donetti (respondents) had to traverse land belonging to their neighbors, Greg and Terrie Franc (appellants) on a 150-foot long road which was authorized by an easement for “access and public utility purposes.” Over a 20-year period, both respondents and their predecessors-in-interest maintained landscaping, ir... More...   $0 (01-27-2015 - CA)

Defendant and appellant Rickey Lane Alexander, II, appeals from his conviction
for possession of a controlled substance (Health & Saf. Code, § 11350)
1
following his plea of no contest.
Defendant contends that the 16 month county jail sentence ultimately imposed by
the trial court is illegal because his punishment was in excess of the plea agreement.
Defendant requests tha... More...   $0 (01-16-2015 - CA)

Walter Minnick and A.K. Lienhart Minnick, husband and wife (collectively Minnicks), brought a professional malpractice action against the law firm Hawley Troxell Ennis and Hawley, LLP (Hawley Troxell), alleging negligence in rendering services in connection with a real estate development project. On motion of Hawley Troxell for summary judgment, the district court dismissed the action as time-barr... More...   $0 (01-09-2015 - ID)

“[T]he party prevailing on the contract” in a breach of contract action is entitled to recover reasonable attorney fees if the contract “specifically provides” for such recovery. (Civ. Code, § 1717, subd. (a); see Code Civ. Proc., § 1033.5, subd. (a)(10)(A).) But “there shall be no prevailing party” if “an action has been voluntarily dismissed” (Civ. Code, § 1717, subd. (b)(2)),... More...   $0 (12-23-2014 - CA)

Petitioner Manuel Tabarrejo was employed as a caregiver by real party in interest Princess Retirement Homes, Inc. (PRH). After Tabarrejo left his employment, he filed a claim with the Labor Commissioner for unpaid wages and other wage-related claims. The Labor Commissioner awarded Tabarrejo $131,096.77.
PRH appealed the Labor Commissioner’s order to the superior court and posted the undertak... More...   $0 (12-18-2014 - CA)

Defendants‐appellants Todd Newman and Anthony Chiasson
appeal from judgments of conviction entered on May 9, 2013, and
May 14, 2013, respectively in the United States District Court for the
Southern District of New York (Richard J. Sullivan, J.) following a
six‐week jury trial on charges of securities fraud in violation of
sections 10(b) and 32 of the Securities Exchange Ac... More...   $0 (12-10-2014 - NY)

Aaron Jordan, Michael Jordan, Heather Jordan, Gilbert Jordan, Phyllis Ann Woods, and Donna Joyce Curtis appeal the trial court‟s judgment notwithstanding the verdict entered in favor of Cynthia Kay Lyles. In two issues, Appellants argue that the trial court erroneously rendered judgment notwithstanding the jury‟s verdict and, alternatively, the evidence supports the jury‟s verdict for interf... More...   $0 (12-10-2014 - TX)

Appellant Charles D. McHugh filed an order to show cause asking the trial court to reduce his child support obligations because he lost his job as a commissioned salesman and his new job paid considerably less.1 In opposing Charles’s request, respondent Connie A. McHugh countered by asking the trial court to increase support because Charles lost his job for diverting business from his employer t... More...   $0 (11-26-2014 - CA)

Appellant Linus Dias appeals the trial court’s order granting appellee Ritika Dias’s
bill of review and setting aside a previously entered divorce decree. By twelve issues,
which we address as seven, Linus contends that (1) Ritika was not entitled to a bill of
review because she failed to exercise due diligence in pursuing all legal remedies; (2)
there was insufficient evidence... More...   $0 (11-25-2014 - TX)

Christian Westby, James Westby, and Kristina Westby (collectively “the Westbys”) permissively appealed the Canyon County district court’s denial of the Westbys’ motion to reconsider the court’s protective order granted to Mercy Medical Center and Dr. Gregory Schaefer.
This case arose from the Westbys’ claim that Dr. Schaefer’s and Mercy Medical’s negligence resulted in lifelong... More...   $0 (11-25-2014 - ID)

¶1 Shawnna Cope was injured while practicing with the Utah
Valley State College (UVSC) ballroom dance team, and sued the
state-owned college.1 The district court dismissed the lawsuit, ruling
that the public duty doctrine dictated that UVSC owed no duty of
care to Ms. Cope. The court of appeals subsequently held that the
COPE v. UTAH VALLEY STATE COLLEGE
Opinion of the Cou... More...   $0 (11-21-2014 - UT)

This appeal arises from a custody dispute between Jeffrey Biggers (“Jeff”) and Emily Suter (“Emily”) over their two children. The trial court entered a temporary order that the boys enroll in school in Emmett, Idaho, until the conclusion of trial. After trial, the court found that it would be in the boys’ best interests to remain in the Emmett area. Consistent with this finding, the cour... More...   $0 (11-13-2014 - ID)

In this case concerning a seaman’s entitlement to payments for maintenance and cure, his employer argues that the trial court erred in granting the seaman’s motion to compel such payments. We agree that the order is a temporary injunction and that it does not comply with Texas Rule of Civil Procedure 683. We therefore declare the order void, dissolve it, and remand the case to the trial
2<... More...   $0 (11-13-2014 - TX)

¶1 William Bolden is the putative father of a child (J.S.) born in 2011. The case before us on appeal is an adoption proceeding involving John and Jane Doe, the would-be adoptive parents of J.S. Bolden tried to intervene in and object to the Does‘ adoption of J.S. He was barred from doing so because he failed to preserve his legal rights as a father by filing a paternity affidavit within the ti... More...   $0 (11-04-2014 - UT)

The City of Houston appeals from an interlocutory order denying its request to vacate a previously entered agreed order, which the City contends is a temporary injunction. We agree that it is a temporary injunction. Because it does not comply
2
with the requirements of the Rules of Civil Procedure, it is void. Accordingly, we reverse.
Background
For more than four years, the partie... More...   $0 (10-30-2014 - TX)

¶1 This case comes before us on petition for interlocutory
review of two discovery orders in a medical malpractice action.
Plaintiffs Lisa and Marlin Allred brought suit against American Fork
Hospital (Hospital) and Dr. Ronald J. Saunders, alleging that Dr.
ALLRED v. SAUNDERS
Opinion of the Court
1 The Hospital was originally named as a defendant in the
malpractice act... More...   $0 (10-21-2014 - UT)

¶1 This case comes before us on petition for interlocutory
review of two discovery orders in a medical malpractice action.
Plaintiffs Lisa and Marlin Allred brought suit against American Fork
Hospital (Hospital) and Dr. Ronald J. Saunders, alleging that Dr.
ALLRED v. SAUNDERS
Opinion of the Court
1 The Hospital was originally named as a defendant in the
malpractice act... More...   $0 (10-21-2014 - UT)

¶1 Judgment Debtor E. Allen Cowen II appeals the trial court's September 13, 2013, order denying his motion for the release of a judgment lien held on his property by Judgment Creditor El Reno Housing Associates Limited Partnership. Judgment Debtor alleged Judgment Creditor had failed to timely file a renewal of judgment lien within five years of obtaining the judgment. The trial court found the ... More...   $0 (10-15-2014 - OK)

that 10 permanency judgment, and we affirmed without opinion. Dept. of Human Services v. B. 11 R., 247 Or App 766, 274 P3d 315, rev den, 351 Or 678 (mother's petition), and rev den, 12 351 Or 761 (father's petition) (2012). DHS filed petitions to terminate mother's and 13 father's parental rights in August 2011. Approximately one year later, in August 2012, 14 the court held the annual permanency ... More...   $0 (10-15-2014 - OR)