Two years after a vehicle accident in Midland, Robert J. Johnson sued Oscar
O. Tena, the owner of a pickup that was involved in that accident. Johnson alleged
that he had sustained bodily injuries and property damage in the accident. Five
months after the limitations deadline had expired, Johnson sued Michael Garcia,
Tena’s nephew, who was the driver of Tena’s pickup at the time of... More...   $0 (06-08-2017 - )

ConocoPhillips Company and Rodolfo C. Ramirez, Individually and as Independent Administrator of the Estate of Ileana Ramirez, and El Milagro Minerals, Ltd. appeal the trial court’s judgment declaring that appellees Leon Oscar Ramirez, Jr., individually, and Jesus M. Dominguez, as Guardian of the Estate of Minerva Clementina Ramirez, an Incapacitated Person, each own a 1/12 mineral interest in the ... More...   $0 (06-08-2017 - TX)

Robert Davenport and his wife sued Dr. Samuel Adu-Lartey and an orthopedic clinic for negligence in connection with back surgery. The trial court granted summary judgment in favor of the defendants, based on their limitations
2
defense. The appellants contend that they filed suit within the applicable limitations period and, alternatively, that limitations had not run because Dr. Adu-Larte... More...   $0 (06-08-2017 - TX)

In 2005, Plaintiffs obtained a loan from Countrywide Home Loans, Inc., to
refinance their mortgage. The loan was secured by a deed of trust and evidenced by a
promissory note indorsed in blank. Plaintiffs made regular loan payments until 2009
when they defaulted. In 2011, Bank of New York Mellon asserted that it was the holder
* After examining the briefs and appellate record, this... More...   $0 (06-06-2017 - CO)

After Governor Brown announced his intention to dissolve redevelopment
agencies, but before the legislation passed, City of Galt entered into an agreement (the
Cooperative Agreement) with its former redevelopment agency under which the former
redevelopment agency agreed to finance several parts of the redevelopment plan, totaling
more than $22,000,000. To obtain money for the finan... More...   $0 (06-05-2017 - CA)

Defendant Yongmei Hu (Hu) appeals from a judgment
entered in favor of plaintiff Li Guan (Guan). Guan initially
sued Hu for breach of a contract. However, several months
before trial, the trial court dismissed the breach of contract
claim with prejudice. As a result, Guan proceeded to trial on
various fraud-based claims (e.g., rescission, cancellation, and
fraud in the induc... More...   $0 (06-04-2017 - CA)

California Physicians' Services dba Blue Shield of California (Blue Shield) is a
health care service plan subject to the Knox-Keene Health Care Service Plan Act of 1975
2
(Knox-Keene Act), Health and Safety Code section 1340 et seq.1 Pacific Bay Recovery,
Inc. (Pacific Bay) is a medical provider that treats substance abuse and narcotic addiction.
Blue Shield contracts with cert... More...   $0 (06-01-2017 - CA)

Shung H. Chan appeals the district court’s order dismissing his lawsuit against
the Commissioner of Internal Revenue. We affirm.
I. Background
Chan sued the Commissioner seeking a refund of his 2008 income taxes. The
Commissioner moved to dismiss, arguing the district court lacked subject matter
* After examining the briefs and appellate record, this panel has determined
un... More...   $0 (05-30-2017 - CO)

Harold Eugene Bell seeks a certificate of appealability (COA) to appeal from
the district court’s denial of his 28 U.S.C. § 2255 motion to vacate, set aside, or
correct his sentence. We deny a COA and dismiss the appeal.
In 1996, Bell was charged in federal court with several drug-related offenses.
Shortly thereafter, the government filed an information alleging that Bell qualified... More...   $0 (05-30-2017 - OK)

Allan Schubert pled guilty to possessing a firearm in violation of 18 U.S.C.
§ 922(g)(1). The district court concluded Mr. Schubert was subject to the Armed
Career Criminal Act (“ACCA”) and imposed the statutory minimum sentence of 15
years (180 months). See 18 U.S.C. § 924(e).
Mr. Schubert now appeals his sentence. He argues he is not subject to the
ACCA because he does not ha... More...   $0 (05-30-2017 - CO)

The Texas Health and Human Services Commission (HHSC) appeals from the trial
court’s denial of its plea to the jurisdiction. Albert Olguin brought suit against HHSC pursuant to
the Texas Commission on Human Rights Act (TCHRA), alleging discrimination, retaliation, and
aiding and abetting discriminatory behavior. See Tex. Lab. Code §§ 21.051, .055, .056. HHSC filed
a plea to the jur... More...   $0 (05-24-2017 - TX)

This appeal pits the importance of finality in litigation against
the requisite for a full accounting of assets in a marital dissolution. Based on Washington
statutes and the Supreme Court's wisdom in Yeats v. Estate of Yeats, 90 Wn.2d 201, 580
P.2d 617 (1978), we side with an inclusive accounting. In this partition action, we
reverse the trial court's ruling that a dissolution dec... More...   $0 (05-23-2017 - WA)

Appellant Elma Garza Gonzalez was sued by her eight siblings for fraud, breach of fiduciary duty, and conversion in connection with the disposition of their
2
late father’s assets. The trial court granted summary judgment against Elma,
awarding damages to her siblings and declaring void a gift of real property.
On appeal, Elma raises two issues, arguing that the court lacked subjec... More...   $0 (05-23-2017 - TX)

This appeal presents the questions whether due process forbids giving a
jury’s findings of negligence and strict liability in a class action against cigarette
manufacturers preclusive effect in a later individual suit by a class member and, if
not, whether federal law preempts the jury’s findings. Florida smokers and their
survivors filed a class action against several tobacco comp... More...   $0 (05-18-2017 - FL)

19 We consider in this case whether the Employee Retirement
20 Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq.,
21 completely preempts an “out‐of‐network” health care provider’s
22 promissory‐estoppel claim against a health insurer where the
23 provider (1) did not receive a valid assignment for payment under
3 No. 15‐2150‐cv
t... More...   $0 (05-18-2017 - NY)

In 2009, Jacquelyn Jacks bought a manufactured home from CMH Homes, Inc.,
on installment. The purchase was financed through CMH Homes under a manufactured home
retail installment contract. The contract contains an arbitration agreement, which
provides that all disputes arising from, or relating to, the contract would be resolved by
binding arbitration. By its terms, “[t]his Arbitra... More...   $0 (05-17-2017 - OK)

New Mexico appeals the district court’s grant of Debra Hatten-Gonzales’s
motion for a preliminary injunction preventing the New Mexico Human Services
Department from implementing NMAC § 8.139.410.14, a regulation
implementing federal restrictions on food stamp benefits, until December 31,
2016. Hatten-Gonzales filed the motion pursuant to a consent decree that has
* This order ... More...   $0 (05-16-2017 - NM)

Appeal from an order of the Superior Court of Orange County, Kazuharu
Makino, Judge. (Retired judge of the Orange Super. Ct. assigned by the Chief Justice
pursuant to art. VI, § 6 of the Cal. Const.) Reversed and remanded.
Tony Rackauckas, District Attorney, David R. Gallivan, Deputy District
Attorney, for Plaintiff and Appellant.
Paul J. Katz, under appointment by the Court of... More...   $0 (05-15-2017 - )

Angelo Montoya and his cousin were charged by grand jury indictment with
extreme indifference murder in the shooting death of a young woman at a party.1 The
two were tried together, and although both were acquitted of the charged offense of
extreme indifference murder, they were each convicted of attempted extreme
indifference murder, reckless manslaughter, criminally negligen... More...   $0 (05-15-2017 - CO)

SUMMARY
Code of Civil Procedure section 404.1 governs the
conditions for coordination of civil actions.1 In February 2016, a
coordination motion judge found that a coordination proceeding
was appropriate for approximately 470 cases filed in nine
California counties. Six months later, the judge assigned as the
coordination trial judge for those cases, applying the same
s... More...   $0 (05-08-2017 - )

John Diehl, while a resident of Washington State, owned eight vacant lots in
Crescent City, California (City).
1
Diehl appeals from the superior court‘s denial of his
petition for a writ of administrative mandate, brought under Code of Civil Procedure
section 1094.5. Diehl‘s writ petition challenged the City‘s determinations that the
overgrown weeds and rubbish on his lots... More...   $0 (05-02-2017 - )

Appellee Ultimate Vacation Group LLC d/b/a Royal Bahamas Cruise Line
sued appellant Joe Shields for breach of a settlement agreement that resolved an
earlier lawsuit between the parties. Shields filed a motion to dismiss under the
Texas Citizens Participation Act, arguing that the lawsuit was related to a comment
2
he had filed with Federal Communications Commission. See TEX. C... More...   $0 (04-23-2017 - )

INTRODUCTION
Nautilus, Inc. (Nautilus), obtained a judgment against Stanley Kuo Hua
Yang, and recorded an abstract of judgment against real property on which Stanley and
his brother, Peter Chun Hua Yang, held title.1
Stanley and Peter transferred title on the
property to their father, Chao Chen Yang, who obtained a reverse mortgage loan on the
property from Security One Le... More...   $0 (04-22-2017 - )

In 2008, defendants and respondents
1 Redondo Beach
police officers Mario Fizulich, Phillip Ho, and Ellen
Tumbocon interacted with plaintiffs and appellants Phillip
Baranchik and Eric Baranchik.
2 The details of the
interaction and subsequent arrests and criminal
prosecutions are more fully described later in this opinion.
Based on the interaction, Phillip, Eric, an... More...   $0 (04-20-2017 - )

In this original proceeding, we consider several issues relating to a
confidential attorney-client communication, including (1) whether the client waived the
attorney-client privilege by disclosing the communication to third parties, and
(2) whether the trial court erred in disqualifying the law firm that represented one of
those third parties because its attorneys failed to notify... More...   $0 (04-19-2017 - )