Estoppel Law
 
Marina Pacifica Homeowners Association v. Southern California Financial Corporation and Marianthi Lansdale

This litigation between plaintiff Marina Pacifica Homeowners Association (the
HOA) and defendants William Lansdale1 and Southern California Financial Corporation
(SCFC) concerns the Marina Pacifica Condominium Project (Marina Pacifica) in Long
Beach, California. SCFC appeals, and the HOA cross-appeals, from the judgment after a
bench trial. The parties’ dispute centers around a m... More...
   $0 (12-16-2014 - CA)

J.P. v. Carlsbad Unified School District

A jury found defendant Carlsbad Unified School District (CUSD) liable for negligently supervising an elementary school teacher, Raymond Firth, who sexually molested plaintiffs J. P. and E. B. (together, the minors). The jury awarded the minors
2
economic and non-economic damages. After entering judgment on the jury's verdict, the trial court denied CUSD's motions for judgment notwithstandi... More...
   $0 (12-12-2014 - CA)

Emmanuel Ellul v. Congregation of Christian Brothers, Order of the Sisters of Mercy, Catholic Religious Order

In Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), the Supreme
Court held that, with very limited exceptions, the Alien Tort Statute, 28 U.S.C. §
1350 (“ATS”), does not apply extraterritorially to conduct that occurs outside the
United States. 133 S. Ct. at 1665. The actions that form the basis of this case
occurred far from the United States and many decades ago.... More...
   $0 (12-12-2014 - NY)

The People v. Floyd Lavender and Michael James Gaines

Jurors, like all human beings, are imperfect. It follows that jury deliberations may also be imperfect. A single juror may fail to recollect some bit of testimony. Some jurors may forget or misapply one of the instructions. Others may focus tenaciously but unreasonably on one aspect of the record to the exclusion of the rest. Through the give and take of deliberations, however, the jury‘s collec... More...   $0 (12-08-2014 - CA)

Leticia Morales v. Zenith Insurance Company

In a breach of contract action brought by the estate of a deceased employee against his employer’s workers’ compensation and employer liability insurance carrier, the United States Court of Appeals for the Eleventh Circuit certified the following questions of Florida law:1
(1) DOES THE ESTATE HAVE STANDING TO BRING ITS BREACH OF CONTRACT CLAIM AGAINST ZENITH UNDER THE EMPLOYER LIABILITY PO... More...
   $0 (12-04-2014 - FL)

The People v. Wenonah Karen Parker

In 2000, defendant and appellant Wenonah Karen Parker was found guilty, but
not guilty of various crimes by reason of insanity. (Pen. Code, § 1026.)1 Defendant
was committed to Patton State Hospital (Patton). In 2011, the trial court granted
defendant outpatient status. (§ 1026.2.) The outpatient agencies refused to accept
defendant due to her behavior and mental condition. As a ... More...
   $0 (12-02-2014 - CA)

William B. Acheff v. United States of America

After a bench trial, the district court found that Mr. Jon Edelman owed the
federal government over $334.8 million for delinquent income tax obligations and
had funneled $1,601,000 from one trust (Delos Trust) to a second trust (Edelman
Trust). These findings led the court to grant the federal government a constructive
trust on the Edelman Trust’s current and future assets up to ... More...
   $0 (12-01-2014 - NM)

In re Marriage of CHARLES D. and CONNIE A. McHUGH

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)

Pacific Coast Supply, LLC v. Will pro Roofing Construction, LLC and Joe Gregg Willcut

COMES NOW the Plaintiff, PACIFIC COAST SUPPLY, LLC, a Nevada limited liability
company, by and through its attorneys of record, RUBENSTEIN & PITTS, PLLC, and for its
causes of action against the Defendants WILL PRO ROOFING & CONSTRUCTION, LLC, an Oklahoma limited liability company, and JOEL GREGG WILLCUT, individually, alleges and states:
PARTIES AND JURISDICTION
1 Plaintiff, Paci... More...
   $1 (11-24-2014 - OK)

Stephens & Stephens XII, LLC v. Fireman's Fund Insurance Co.

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 (11-24-2014 - CA)

Willie Koehler v. Amoco Federal Credit Union and Reba Hankins

Plaintiff-appellant Willie Koehler appeals the trial court’s judgment in favor of defendants-appellees Amoco Federal Credit Union and Reba Hankins on Koehler’s breach-of-contract and promissory estoppel claims. We affirm.
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BACKGROUND
Koehler sued Amoco Federal Credit Union and Reba Hankins (collectively, Amoco), alleging that Amoco breached a contract between the parties when Amoc... More...
   $0 (11-20-2014 - TX)

Riverview Community Group v. Spencer & Livingston

We are asked whether property developers' representations
about a property anchoring a development may impose an equitable servitude on that
property. We find that such representations may impose a servitude if, among other
things, they are made by someone with the authority to burden the property. We are
also asked whether the Riverview Community Group has the authority to pursue<... More...
   $0 (11-20-2014 - )

Conservatorship of the Person and Estate of Louise E. Townsend

In this dispute over title to real property, petitioner and respondent Nationstar Mortgage, successor in interest to Aurora Loan Services, LLC (hereafter, Lender),1 attempts to appeal from a judgment in favor of petitioner Barbara L. Gonzales, as conservator of the person and estate of Louise E. Townsend, following a trial before the Honorable Thomas F. Nuss, a retired superior court judge appoint... More...   $0 (11-17-2014 - CA)

Willis v. Prime Healthcare Services

Defendant, Prime Healthcare Services, Inc., appeals from a December 16, 2013 order denying its petition to compel arbitration and strike class claims. Plaintiff, Maucabrina Willis, cross-appeals from a December 16, 2013 order denying her Code of Civil Procedure section 128.71 sanctions motion. Plaintiff and defendant are subject to both individual and collective bargaining agreements. Defendant ar... More...   $0 (11-15-2014 - CA)

Andrew Veysey v. Alexis Veyse

¶1 Alexis Veysey (Mother) challenges the district court’s
adoption of the domestic commissioner’s recommendation
regarding reimbursement of daycare expenses for the parties’
children. We vacate the district court’s order and remand for
further proceedings.
BACKGROUND
¶2 The parties divorced in September 1999. Pursuant to Utah
Code section 78B-12-214, the parti... More...
   $0 (11-14-2014 - UT)

Gorsuch, Ltd. v. Wells Fargo National Bank Association

In 2008, Wells Fargo extended a $14 million line of credit to Gorsuch, Ltd., a ski
equipment, apparel, and home furnishing company. In 2009, when Gorsuch, Ltd.’s
winter sales were lower than expected, Wells Fargo suspended the line of credit.
Gorsuch, Ltd. and the Gorsuch Entities—Gorsuch, Ltd., B.C.; Gorsuch, Limited at
Aspen; Gorsuch, Limited at Keystone Mountain; and Gorsuch... More...
   $0 (11-04-2014 - CO)

Heather G. Brown v. Michael L. Brown

Michael L. Brown appeals from the judgment of the district court dismissing his appeal as untimely. For the reasons that follow, we vacate and remand.
I.
FACTS AND PROCEDURE
This appeal arises out of a divorce proceeding begun by Heather G. Brown (Heather) against Michael. On June 13, 2013, a magistrate signed a divorce decree, and the clerk of the district court file stamped the decre... More...
   $0 (10-31-2014 - ID)

Anthony Aulisio, Jr. v. Bill Bancroft

Anthony Aulisio, Jr., appeals from a jury verdict that found defendants, consisting of his homeowner association’s management company (Optimum Professional Property Management and Debra Kovach), the patrol service it employed (BLB Enterprises, Inc., dba Patrol One, and Bill Bancroft), and a towing company (PD Transport, dba Southside Towing, and John Vach), did not wrongfully tow and convert his... More...   $0 (10-30-2014 - CA)

Haley Colombo v. BRP US, Inc.

Defendants and appellants Bombardier Recreational Products, Inc. and BRP US Inc. (collectively BRP) appeal a jury verdict in favor of plaintiffs and respondents Haley Colombo and Jessica Slagel (hereafter referred to individually by first name or
2
collectively as plaintiffs). Because plaintiffs were not wearing a wetsuit bottom or similar protective clothing, Haley sustained serious and p... More...
   $0 (10-30-2014 - CA)

Alejandro Hernandez and Edith Roman v. Enrique Gallardo

Edith Roman owned a home in El Paso, Texas, but the lender foreclosed on the property in 2005.1 Enrique Gallardo bought the property at a foreclosure sale. In the pleadings, Roman asserts that she had an agreement with Gallardo that she could continue to reside in the home as a tenant and she could buy back the home when her financial condition improved. Alejandro
1 The factual summary is deri... More...
   $0 (10-30-2014 - TX)

Gerald R. Ritter v. City of Oklahoma City v. Carlos A. Tecumseh, et al.

Plaintiff, Gerald R. Ritter, for his cause of action against Defendants, alleges and states as follows.
On or about June 24, 2005, Ritter was in an accident on Interstate 40 approximately one mile east of Martin Luther King Boulevard while in pursuit of two white Ford Crown Victoria sedans that had markings of a Frederick, Oklahoma police car. The Frederick police cars were being driven at a h... More...
   $4916677 (10-27-2014 - OK)

Candace Peterson v. John Andrew Armstrong

¶1 John Andrew Armstrong (Husband) appeals from the
Fourth District Court’s order entering a civil stalking injunction
against him and in favor of Candace Peterson (Grandmother).
1. The Honorable Pamela T. Greenwood and Russell W. Bench,
Senior Judges, sat by special assignment as authorized by law. See
generally Utah R. Jud. Admin. 11-201(6).
Peterson v. Armstrong
H... More...
   $0 (10-17-2014 - UT)

Atrium TRS II, L.P. v. University of Central Oklahoma

¶1 In this breach of contract action filed by ATRIUM TRS II, L.P., d/b/a Renaissance Oklahoma City Convention Center Hotel ("Hotel") against Defendant University of Central Oklahoma ("UCO"), Hotel appeals the trial court's order denying its partial motion for summary judgment and granting judgment in favor of UCO. We reverse the order and remand for further proceedings.

FACTS

¶... More...
   $0 (10-15-2014 - OK)

Wells Fargo Bank, N.A. v. Calvin M. Rutledge

Wells Fargo Bank, N.A., appeals the final summary judgment granting title to Calvin Rutledge and discharging Wells Fargo's lis pendens against the underlying property in this foreclosure action. Because we agree that Wells Fargo was not barred from pursuing foreclosure in the circuit court by laches or equitable estoppel and that material issues of fact remain as to the authenticity of Mary Dias's... More...   $0 (10-10-2014 - FL)

Jamie Michelle Clark v. Peter Andrew Clark

¶1 Petitioner/Appellant Jamie Michelle Clark (Mother) seeks review of the trial court's order denying her motion to reconsider after denying her motion to reduce an alleged child support arrearage to judgment in the divorce action against Respondent/Appellee Peter Andrew Clark (Father). In this proceeding, Mother asserts the trial court erred as a matter of law and fact in refusing to grant her j... More...   $0 (10-09-2014 - OK)

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