Utah Conversion Law

<H2> United States of America v. Muna Abdi

Salt Lake City, Utah, criminal defense lawyer represented the Defendant charged with conversion of government funds. From November 1, 2021, to about June 30, 2024, Muna Abdi, 36, a Somali national living in Millcreek, Utah, converted funds from the United States Social Security Administration (SSA) for her own benefit. The SSA, who was not aware of Abdi’s mother’s death, continued to dispe... More...

$ (01-05-2026 - UT)

United States of America v. Dr. Michael Kirk Moore

Salt Lake City, Utah criminal defense lawyers represented the Defendant who was charged with: 18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES; 18:981(a)(l)(C) and 28:2461 Intent to Seek Forfeiture (1ss) 18:371 and 641 CONSPIRACY TO DEFRAUD THE UNITED STATES Conspiracy to Convert, Sell, Convey, and Dispose of Government Property; 18:981(a)(l)(C) and 28:2461 Intent to Seek Forfeit... More...

$0 (07-13-2025 - UT)

United States of America v. Gary Mark Hill

Salt Lake City, UT - The United States of America charged Gary Mark Hill with importing and dealing machine guns and illegal possession and transfer of machine guns. A federal jury convicted Gary Mark Hill, age 42, of Salt Lake City of unlawfully engaging in the business of importing and dealing machine guns and illegal possession and transfer of machine guns Wednesday afternoon followin... More...

$0 (12-30-2019 - UT)

Scott M. Brand and April G. Brand v. Amy S. Paul

¶1 This case involves a dispute between neighbors, in which both sides claim ownership of a strip of land that adjoins their respective properties (the subject property). Each side pursued a quiet title action against the other, and the district court granted summary judgment in favor of Amy S. Paul, the trustee of the Amy S. Paul Trust (the Trust), concluding that the Trust had acquired all righ... More...

$0 (10-26-2017 - UT)

UNITED STATES OF AMERICA v. GEORGE BADGER

The government appeals only the district court’s ruling that it cannot proceed on its reverse-piercing alter-ego theory.1 The court essentially ruled that the government had failed to state a claim, regardless of the truth of its allegations. For the purposes of this appeal, we therefore take the allegations of the government’s complaint (the Complaint) as true, see Gee v... More...

$0 (03-26-2016 - UT)

Osguthorpe v. ASC et al,

The Osguthorpes have asserted that ASC stands in breach of contract. Their claims arise out of ASC‘s management of the land in question. In challenging ASC‘s actions, the Osguthorpes asserted claims for breach of the covenant of good faith and fair dealing, for injunctive relief, and for equitable rescission or reformation of the agreement between ASC and the Osguthorpes. The first claim was r... More...

$0 (10-14-2015 - UT)

Utley v. Mill Man Steel

Mill Man Steel fired Kendall Utley on suspicion that he had misappropriated steel from the company. In so doing, Mill Man refused to pay Utley the commissions he claimed to have earned, asserting a right to withhold the commissions as an offset against the value of the allegedly misappropriated steel. Utley filed this suit, claiming that Mill Man had violated the Utah Payment of Wages Act (UPWA). ... More...

$0 (09-14-2015 - UT)

Helf v. Chevron

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam condensate from the refining process, which continuously flows into the pit. Before the pit is emptied, workers ensure that the pH le... More...

$0 (09-14-2015 - UT)

Helf v. Chevron,

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam Cite as: 2015 UT 81 Opinion of the Court 3 condensate from the refining process, which continuously f... More...

$0 (09-04-2015 - UT)

Utley v. Mill Man Steel

$0 (08-22-2015 - UT)

Aaron W. Zundel v. Schafer D. Magana, et al.

¶1 Plaintiffs Aaron W. Zundel, Zachary D. Taft, and Steven L. Stookey appeal from the district court's order granting summary judgment to Defendants Schafer D. Magana; Legacy Towing, Inc.; Legacy Towing Holdings, LLC; Dan Magana; ASAP Towing; and ASAP Towing Recovery (collectively, Legacy) and denying Plaintiffs' motion for summary judgment. Legacy cross-appeals from the d... More...

$0 (03-26-2015 - UT)

Gary Stokes v. TLCAS, LLC, et al.

¶1 TLCAS, LLC, together with Gary Gee, Marva Gee, and Nancy Gee (collectively, TLCAS) appeals from the trial court's ruling that TLCAS engaged in deceptive and unconscionable practices under the Utah Consumer Sales Practices Act (the UCSPA) and is liable to Auto-Owners Insurance Company (Auto-Owners) for costs related to a dealer's bond and reasonable attorney fees under the terms of an indemnifi... More...

$0 (04-23-2015 - UT)

Linda Rand v. KOA Campgrounds

¶1 Plaintiff Linda Rand appeals the trial court's order dismissing her claims against Defendants KOA Campgrounds, 1. The Honorable Pamela T. Greenwood, Senior Judge, sat by special assignment as authorized by law. See generally Utah R. Jud. Admin. 11-201(6). Rand v. KOA Victoria Orme, Doug Robinson, Don Boothroyd, Marlene Boothroyd, J-J Bakd LC (collectively, KOA), and... More...

$0 (10-17-2014 - UT)

Diversified Striping Systems, Inc. v. Joe Kraus

¶1 Diversified Striping Stystems, Inc. (Diversified) appeals the district court's dismissal of its tort claims against Joe Kraus; FLJ, LLC; and National Striping (collectively, Kraus) on grounds of forum non conveniens. We reverse and remand for additional findings. ¶2 On March 2, 2012, Diversified filed a complaint against Kraus in Utah's Third District Court, alleging f... More...

$0 (12-11-2014 - UT)

Christopher Carlton v. Shalanda Brown and The Adoption Center of Choice, Inc.

¶1 In this case, Christopher Carlton asks us to once again consider both the constitutionality of the Utah Adoption Act (Act) as well as the extent of the rights it affords to putative fathers who wish to contest adoptions in Utah. Mr. Carlton argues first that the Act is unconstitutional, both facially and as applied to him, and second, that the district court erred when, bas... More...

$0 (02-05-2014 - UT)

Skypark Airport Association, LLC v. Jay Jensen and Eleanor Jensen

¶1 Defendants challenge various rulings made by the trial court in the course of litigation between Defendants and Skypark Airport Association, LLC (SAA).1 We affirm. 1. Although other plaintiffs are parties to this appeal, we refer to both Skypark Airport Association, LLC individually and all the plaintiffs collectively as SAA for convenience. Skypark Airport v. Jensen BACKGROUND<b... More...

$0 (09-19-2013 - UT)

Richard Dutcher v. Stuart T. Matheson

Although this case presents significant questions regarding the interaction of federal banking and state foreclosure laws, our focus is upon a more fundamental question: whether the district court even had jurisdiction to consider the issues raised. Plaintiffs1 filed a class-action lawsuit in state court, alleging that the defendants2â€”including ReconTrust, a Texas-based national bankâ€�... More...

$0 (08-13-2013 - UT)

Phillip Cloud v. Washington City

¶1 This matter is before the court on interlocutory appeal from the district court's grant of a rule 56(f) motion filed by members of the Cloud family and their companies (collectively, the Clouds) and the district court's denial of a motion for summary judgment filed by Washington City and three of its employees (collectively, Washington City or the City). We reverse and remand. BACKGROUN... More...

$0 (12-13-2012 - UT)

Lynn Harding v. Atlas Title Insurance Agency, Inc.

¶1 Lynn and Eileen Harding appeal the trial court's grant of summary judgment in favor of Atlas Title Insurance Agency, Inc. (Atlas Title); Randy Kidman; Dave White; Jeremy Larkin; and Scott Wilson (collectively, Atlas),1 in which it determined that the Hardings could not demonstrate the proximate cause element of the various causes of action without resorting to speculation. We reverse and reman... More...

$0 (09-10-2012 - UT)

Randal Roy Mallory v. Brigham Young University

¶1 Randal Roy Mallory appeals from the trial court's order dismissing his First Amended Complaint (the Complaint) for lack of subject matter jurisdiction due to Mallory's failure to file a notice of claim under the Governmental Immunity Act of Utah (the GIAU). BACKGROUND3 ¶2 On April 12, 2008, after a football game, Mallory was waiting on his motorcycle to enter a public street fro... More...

$0 (09-10-2012 - UT)

Susan I. Moss v. Parr Waddoups Brown Gee & Loveless

¶1 The plaintiffs in this case brought suit against a law firm and its attorneys for their role in executing civil discovery orders. The orders authorized entry into plaintiffs' home to seize electronic files from plaintiffs' computer and other electronic devices. The plaintiffs raised several causes of action against the law firm and its attorneys, largely based on the theory that the execution ... More...

$0 (08-13-2012 - UT)

BC Technical, Inc. v. Ensil International Corporation

The jury found Ensil International Corporation (Ensil) (1) breached a contract with BC Technical, Inc. (BC) by failing to repair damaged circuit boards and (2) converted BC's property by unreasonably refusing to return the circuit boards BC had sent for repair. Before the jury retired for deliberations, Ensil moved for judgment as a matter of law. Following the trial, Ensil again moved for judgmen... More...

$0 (02-07-2012 - UT)

David Young v. Kevin Robson

In this legal malpractice case brought under Utah law pursuant to the district court's diversity of citizenship jurisdiction, plaintiff David Young is appealing the memorandum decision and order entered by the district court granting summary judgment in favor of: (1) defendants Kevin Robson, Daniel Bertch, and Bertch & Robson, Inc. (the "Bertch Defendantsâ€); and (2) defendants Gordon Duval, ... More...

$0 (07-08-2011 - UT)

Mark C. Haik v. Sandy City

¶1 This case illustrates the importance of promptly recording a deed to a property right. Sandy City and the Plaintiffs ("Haik Partiesâ€) each hold deeds to the same water right. Sandy City recorded an "Agreement of Saleâ€ for the water right in 1977, but did not record the deed until 2004. The Haik Parties purchased the same water right in 2003 and recorded their deed that year. We are... More...

$0 (05-10-2011 - UT)

C.W. Mining Company v. Aquila, Inc.

C.W. Mining Corporation ("C.W.â€) is the debtor in this involuntary Chapter 7 bankruptcy proceeding. On summary judgment, the bankruptcy court determined that the creditors who filed the involuntary petition were "qualifying creditorsâ€ as required to trigger involuntary bankruptcy. C.W.'s former managers ("the Managersâ€),1 purporting to act on C.W.'s behalf, appealed the grant of ... More...

$0 (02-14-2011 - UT)

Camco Construction, Inc. v. Utah Baseball Academy, Inc.

¶1 In this interlocutory appeal, Athletic Performance Institute, L.L.C., Utah Baseball Academy, Inc., and Robert Keyes (collectively, "APIâ€) ask us to overturn the district court's order, which denied API's motion to disqualify the district court judge, the Honorable Anthony Quinn, after he was exposed to confidential arbitration materials. Because we conclude that API's motion to disqualif... More...

$0 (11-16-2010 - UT)

The SCO Group, Inc. v. Novell, Inc.

This case primarily involves a dispute between SCO and Novell regarding the scope of intellectual property in certain UNIX and UnixWare technology and other rights retained by Novell following the sale of part of its UNIX business to Santa Cruz, a predecessor corporate entity to SCO, in the mid-1990s. Following competing motions for summary judgment, the district court issued a detailed opinion gr... More...

$0 (08-24-2009 - UT)

Virginia Hill v. Estate of Owen A. Allred, et al.

¶1 Virginia Hill appeals the order of the district court awarding her damages on her claims of civil conspiracy, conversion, and fraudulent misrepresentation and denying her claims of money laundering and racketeering. Defendants crossappeal, challenging the district court's award of damages. We affirm in part and reverse in part. FACTUAL BACKGROUND ¶2 The district court made e... More...

$0 (05-01-2009 - UT)

John F. Mullin; Diane L. Mullin v. Travelers Indemnity Company of Connecticut

Travelers Indemnity Company of Connecticut insured High Mountain, LLC, which managed two condominium units in Utah owned by John F. and Diane L. Mullin. The Mullins sued High Mountain for renting the units for discounted rates without permission, theft of property from the condominiums owned by the Mullins, failure to forward rental income, and theft of property from a rental unit that the Mullins... More...

$0 (09-15-2008 - UT)

Jack R. Youngs, et al. v. American Nutrition, Inc., et al.

Appellants are the majority shareholders of the closely held corporation, American Nutrition, Inc. ("ANIâ€), and ANI itself. The majority shareholders are the members of the Behnken family â€“ Jack and Nancy Behnken and their three adult children, William, Sandi, and John Behnken ("the Behnken siblingsâ€). The Behnkens, directly or through other completely controlled... More...

$0 (08-08-2008 - UT)

Scott Ockey and Catherine Condas v. John Lehmer, Iron Mountain Alliance, Inc., et al.

1 This case arises from an intrafamilial struggle over the division of profits from the development of a 2700-acre ranch situated between the Park City Mountain Resort and The Canyons Resort in Summit County. Beginning in 1976, the ranch was held in various trusts established by members of the Condas family. Scott Ockey ("Ockey"), one of the beneficiaries of the trusts, alleges that h... More...

$0 (06-24-2008 - UT)

Aramark Leisure Services v. Charles F. Kendrick

After renting a boat from Aramark Leisure Services ("Aramark"), Charles Kendrick was involved in a boating accident. Faced with potential damage claims from Kendrick and his co-passenger, Aramark brought a special proceeding in federal district court under the Limitation of Vessel Owner's Liability Act, 46 U.S.C. § 30501 et seq.1 As part of that proceeding, Kendrick filed a claim against Ara... More...

$0 (04-25-2008 - UT)

Adrain Mathai, et al. v. Daniel D. Warren and Kathleen A. Warren

Adrian and Zubin Mathai were once business associates of Daniel and Kathleen Warren. After they had a falling out, the Mathais sued the Warrens and vice versa. Before the litigation got very far, the Warrens filed for bankruptcy under Chapter 7 of the Bankruptcy Code. Their filings indicated that they had essentially no assets available for creditors. Skeptical, the Mathais filed a compl... More...

$0 (01-09-2008 - UT)

<a href="http://www.utcourts.gov/opinions/supopin/Crestwood062207.pdf" target="_new">Crestwood Cove Apartments Business Trust dba Cottonwood Creek Aparemtns and Shangri-Law UBO</a>

1 This appeal arises from a claim that Shawn Turner and his law firm, Larsen, Kirkham & Turner (collectively, "Turner"), committed malpractice when representing Shangri-La, U.B.O., in a redemption lawsuit. Shangri-La and its successor, Crestwood Cove Apartments Business Trust (collectively, "Shangri-La"), allege that Turner committed malpractice by failing to timely contest the applicatio... More...

$0 (06-22-2007 - UT)

<a href="http://www.utcourts.gov/opinions/appopin/bennett012507.pdf" target="_new">Tim P. Bennett; Dale R. Bennett; and Bennett and Economy Sanitation, Inc. v. Grant G. Huish and Utah Funding and Loss, Inc.</a>

1 Defendants Grant S. Huish and Utah Funding and Loan, Inc. (Utah Funding) appeal the trial court's ruling that Defendants committed conversion of loan proceed funds and that Huish breached his fiduciary duty to Plaintiffs. Defendants also appeal the trial court's order awarding judgment, punitive damages, and prejudgment interest to Plaintiffs Tim P. Bennett; Dale R. Bennett; and Bennett... More...

$68643 (03-09-2007 - UT)

<a href="http://www.kscourts.org/ca10/cases/2005/10/04-4113.htm" target="_new">Utah Gospel Mission, et al. v. Salt Lake City, et al.</a>

Plaintiffs-Appellants Utah Gospel Mission, First Unitarian Church of Salt Lake City, Utah National Organization for Women, and Lee J. Seigel appeal the district court's denial of a preliminary injunction and grant of the motion for dismissal for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6) made by Defendants-Appellees Salt Lake C... More...

$0 (10-04-2005 - UT)

<a href="http://www.utcourts.gov/opinions/supopin/mahana070904.htm" target="_new">Chris S. Mahana and Rick Warner Toyota v. Onyx Acceptance Corporation and GLS Recovery, Inc.</a>

1 This appeal arises from a dispute over the rightful ownership of a 1994 Mazda pickup truck. Shortly after purchasing and financing the truck in California, the purchasers disappeared and defaulted on their loan payments. The truck surfaced in Arizona, where it was sold several times. It then made its way to Utah, where nineteen-year-old Chris Mahana purchased it from Rick Warner Toyota. Thre... More...

$46880 (07-09-2004 - UT)

<a href="http://www.utcourts.gov/opinions/appopin/russell091803.htm" target="_new">Russell/Packard Development, Inc. and Lawrence M. Russell v. Joel M. Carson, et al.</a>

In 1996, Lawrence Russell was the principal shareholder and chief executive officer of Russell/Packard Development, Inc., a California corporation(1) engaged in real estate development in California. When Mr. Russell became interested in developing residential real estate in Utah, he teamed with John Thomas (Thomas), a Utah real estate agent and a managing member of Premier Homes, L.C., to orga... More...

$0 (09-23-2003 - UT)

<a href="http://www.utcourts.gov/opinions/supopin/grynberg032103.htm" target="_new">Jack J. Grynberg et al. v. Questar Pipeline Company et al.</a>

3 The Grynbergs own working interests in natural gas wells located in Wyoming and Colorado. In 1971, the Grynbergs signed a gas purchase agreement with Mountain Fuel Supply Company, predecessor in interest to Questar Pipeline Company, for the sale of gas from the Colorado wells (Colorado Contract). In April and June of 1974, the Grynbergs signed three more gas purchase agreements with Mountain ... More...

$0 (03-21-2003 - UT)

<a href="http://www.utcourts.gov/opinions/supopin/cazares021403.htm" target="_new">Rosalind Cazares et al. v. Robert C. Cosby et al.</a>

I. FACTUAL BACKGROUND 2 Cazares, in her capacity as the personal representative of the estate of Rosemary Cosby (the "decedent"), sued the various defendants in this case for their roles in an alleged conspiracy to fraudulently obtain title to four parcels of real property owned by the decedent. The properties are all in Salt Lake County and are located on Deer Hollow Drive ("Deer Ho... More...

$0 (02-14-2003 - UT)