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)

¶ 1 Disappointed investors filed suit against their investment agent, Jeffrey Campbell, and his former employer,
BURDICK v. HORNOR TOWNSEND
Opinion of the Court
2
Hornor, Townsend & Kent, Inc. (HTK), alleging that Mr. Campbell and HTK were liable for losses sustained in an investment scam. Mr. Campbell pleaded guilty to the sale of unregistered securities related to the investment... More...   $0 (01-23-2015 - UT)

Appellant Armstrong DLO Properties, LLC (“ADLO”) appeals the trial court’s order granting summary judgment that ADLO take nothing in favor of appellees Todd A. Furniss and Heather E. Furniss (“the Furnisses”). The order also awarded the Furnisses $40,670 in attorney’s fees against ADLO. The controversy brought before us is respecting title to a portion of a continuous strip of real pro... More...   $0 (01-21-2015 - TX)

Comes now the Plaintiff, Barron & McClary General Contractors, Inc., an Oklahoma Corporation, and for its Claims for Relief against the Defendant Catherine J. Depew, an individual alleges and states as follows:
PARTIES, JURISDICTION, VENUE
1 The Plarntifftransacts business in Tulsa County, State of Oklahoma N
2 The Defendant resides in Tulsa County, State of Oklahoma
3 The events a... More...   $0 (01-13-2015 - OK)

The Wet Seal Retail, Inc. (Wet Seal) appeals from the denial of its motion to
compel arbitration of this wage and hour action brought by employee Elizabeth Montano.
Wet Seal also challenges the grant of Montano’s motion to compel discovery responses.
We affirm the order denying the motion to compel arbitration and dismiss the challenge
to the discovery order as nonappealable.More...   $0 (01-13-2015 - CA)

Judgment reversed and remanded for entry of judgment
reinstating jury’s verdict of $686,000; otherwise affirmed.
______________
* Lagesen, J., vice Wollheim, S. J.
624 Vukanovich v. Kine
Vukanovich and Kine, both real estate developers, agreed to work together
to purchase a parcel of real property from Umpqua Bank (the bank). The joint
endeavor failed, and the parties... More...   $0 (01-11-2015 - OR)

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA),
adopted by California as Family Code section 3400 et seq., prescribes when a state court
has jurisdiction to make an initial custody determination. Family Code section 3402,
subdivision (g) provides with respect to a child less than six months of age that
jurisdiction rests in the state in which the child “lived... More...   $0 (01-05-2015 - CA)

In 2007, Carlos Bassatt was accused by a school district employee of
masturbating in the parking lot of West High School (“West”) in Denver during
school hours. Consequently, he was terminated from his student teaching
placement with School District No. 1 of the City and County of Denver
(“District”) for misconduct. Although the Denver District Attorney’s Office chose
... More...   $0 (12-31-2014 - CO)

Ms. Jayleen Armijo pleaded guilty to assault resulting in serious
bodily injury, as well as aiding and abetting that offense. She received a
24-month sentence, and a codefendant received probation. Ms. Armijo
appeals, arguing that the sentence was procedurally and substantively
unreasonable. We reject both arguments.
In the procedural challenge, Ms. Armijo contends that the dis... More...   $0 (12-25-2014 - )

Antonio Clark appeals the denial of his 28 U.S.C. § 2255 motion to vacate,
set aside, or correct his sentence. He argues that the district court erred in
rejecting his ineffective assistance of counsel claims and in relying on an
incomplete transcript of his change of plea hearing. Exercising jurisdiction under
28 U.S.C. §§ 1291 and 2253, we deny a certificate of appealability (... More...   $0 (12-24-2014 - KS)

Defendant Adrian Mike appeals his conviction for escape in violation of 18
U.S.C. § 751(a). Mike walked away from a halfway house where he was
confined as a condition of supervised release. He argues that such a violation
did not constitute “escape” from “confinement” within the meaning of § 751(a).
However, he also acknowledges to this court that such a contention is for... More...   $0 (12-23-2014 - NM)

Over the course of the last three-quarters of a century, Marvel Enterprises
created a comic universe of unparalleled proportions. With comic-book legend
Stan Lee at the helm as editor-in-chief of its comic-book division, Marvel
constructed a fictional landscape of imaginative superheroes, elaborate narratives,
and overlapping storylines. During this time period, the commercial popu... More...   $0 (12-23-2014 - CO)

In 1995, after a jury convicted Peter Burkins on 15 counts involving cocaine
base, money laundering, and firearms offenses, the trial court sentenced him
under the mandatory sentencing guidelines to life imprisonment. On appeal, he
did not challenge the district court’s adoption of the presentence report’s (“PSR”)
relevant conduct finding of 8.88 kilograms of cocaine base.<... More...   $0 (12-23-2014 - OK)

“[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)

Kenneth Davison appeals from an order of the district court affirming the
Commissioner’s decision denying his applications for disability benefits and
supplemental security income benefits under the Social Security Act. We exercise
jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), and we affirm.
* After examining the briefs and appellate record, this panel has determi... More...   $0 (12-22-2014 - CO)

Defendant-Appellant Howard Kieffer has appealed from the district court’s
First, Third, and Fourth Amended Judgments sentencing him. After entering the
First Amended Judgment, the district court entered a Second Amended Judgment,
only to later vacate and replace it with the Third and Fourth Amended Judgments.
Mr. Kieffer asserts that the district court lacked authority to enter t... More...   $0 (12-22-2014 - CO)

Oscar Cecilio Ramos Ceron pleaded guilty to reentry of a deported alien. The district court applied a 16-level Sentencing Guidelines enhancement, categorizing his prior Florida conviction of aggravated battery as a “crime of violence.” Ramos Ceron appeals, arguing that Florida aggravated battery is not a crime of violence, and that collateral estoppel should have precluded the government from ... More...   $0 (12-19-2014 - TX)

This writ proceeding arises from a marital dissolution action brought by petitioner Gilda Lappe against her former husband and real party in interest Murray Lappe.1 The parties agreed to resolve their property and support issues through mediation, during which they purportedly exchanged certain financial disclosure declarations that are mandated by the Family Code. They also executed a marital set... More...   $0 (12-19-2014 - CA)

The trial court granted appellee Leslie Fulton’s motion for summary judgment based on the statute of limitations. In one issue, appellant Walter Quezada argues that the trial court erred by granting the motion because he diligently pursued service of citation on appellee. We affirm the trial court’s judgment. Because all issues are settled in law, we issue this memorandum opinion. TEX. R. APP.... More...   $0 (12-18-2014 - TX)

Jose A. Duarte (Duarte) appeals from the trial court’s denial of his petition for writ of administrative mandamus, through which he asserts that his application to the California State Teachers’ Retirement System (CalSTRS) for disability retirement benefits has been improperly denied. After hearing, an administrative law judge (ALJ) upheld CalSTRS’s denial of Duarte’s application for benef... More...   $0 (12-18-2014 - CA)

One of the original Field Code provisions enacted in 1872 still states: “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any sui... More...   $0 (12-18-2014 - CA)

Appellant Norris J. DeVoll, appearing pro se, appeals from a summary judgment
in favor of the appellees, Tzon-Sing Chen and Chester Jianbou Shiu, on DeVoll’s claim that
they obtained certain real property as a result of a fraudulent transfer. See Tex. Bus. & Com. Code
§§ 24.001-.013. Because we conclude that DeVoll cannot establish his status as a creditor under the
Uniform Fra... More...   $0 (12-18-2014 - TX)

COMES NOW Burggraf Services, Inc. (“Burggraf’ hereafter), and for its
claims against the Defendant, Terry Heilig, alleges and states as follows:
PARTIES ANT) JURISDICTION
1. Burggraf is an Oklahoma corporation with its principal place of business in the City of Tulsa, Tulsa County, State of Oklahoma.
2. Upon information and belief, Defendant is a resident of McIntosh County, Ok... More...   $1 (12-17-2014 - OK)

Plaintiff Germaine Judge appeals from an order vacating an interim arbitration award. Although an order vacating a final arbitration award is appealable under Code of Civil Procedure1 section 1294, subdivision (c), the order from which Judge appeals vacated a “clause construction award” that did not resolve the entire arbitration. Instead, the arbitrator’s award determined only, as a thresho... More...   $0 (12-17-2014 - CA)

Fireman’s Fund Insurance Co. issued an insurance policy covering loss from property damage, including rent, on a building owned by plaintiff Stephens & Stephens XII, LLC (Stephens XII). Three days after the policy became effective, Stephens XII discovered the property had sustained serious damage from burglars who stripped it of all electrical and other conductive materials. Stephens XII sought ... More...   $0 (12-17-2014 - CA)