Mandamus Law
 
Wells Fargo Bank, N.A., et al. v. Angela Leigh Militello, F/K/A Angela Leigh Simpson Starrett

Appellant Angela Leigh Militello sued appellant Wells Fargo Bank, N.A., for breach of fiduciary duty, fraud, negligence, and gross negligence arising from its management of several trusts. After a bench trial, the trial court rendered judgment for Militello on all of her claims and made findings of fact and conclusions of law in support of the judgment. In this appeal, Wells Fargo challenges the l... More...   $0 (06-20-2017 - TX)

In re Jennifer Durbin; Robert L. Gibbins, Jr.; Steve A. Gibbins; and Kyndal Wood

Relators Jennifer Durbin, Robert L. Gibbins Jr., Steve A. Gibbins, and Kyndal Wood
filed a petition for writ of mandamus asking this Court to direct the trial court to vacate or set aside
its orders denying the relators’ motions to compel discovery in a probate proceeding. See Tex. Gov’t
Code § 22.221; see also Tex. R. App. P. 52.1. At the same time, the relators filed a motion for
... More...
   $0 (06-17-2017 - TX)

Vincent Wrencher, Sr. v. The State of Texas and the City of Austin, Texas

Vincent Wrencher, Sr., appearing pro se, appeals from the order of Travis County
Court at Law No. 8 dismissing his appeal for want of jurisdiction. Wrencher was attempting to
appeal from the judgment of the Austin Municipal Court of Record. That court had concluded that
Wrencher’s pet, “Skip,” was a “dangerous dog.” Appellees are Travis County and the City of Austin
(the State). We... More...
   $0 (06-17-2017 - TX)

The Rossdale Group, LLC v. Timothy Walton

INTRODUCTION
We are asked in this appeal to reverse a dismissal of a malicious prosecution
lawsuit. Defendant and respondent Timothy Walton (Walton) asked the trial court to
dismiss the case for lack of standing and lack of jurisdiction because the named plaintiff,
The Rossdale Group, LLC, was only a fictitious business name and the entity to which
that name was registered was ... More...
   $0 (06-16-2017 - CA)

Roel David Gonzalez v. The State of Texas "

Mother testified that she met Appellant through work, began dating him, and
eventually they moved into a house along with Mother’s three daughters in 2008.
At the time, Alice was almost twelve, Belle was ten, and Cici, the complainant,
1 See TEX. PENAL CODE ANN. §§ 21.11 (Vernon 2011) & 22.021 (Vernon 2016).


3
... More...
   $0 (06-13-2017 - TX)

Ryan Saunders v. Superior Court, County of Santa Clara, (Limited Jurisdiction), San Jose Mercury News, LLC, Real Party in Interest

Petitioner Ryan Saunders, who worked as a custodial officer in the county jail, was
accused of eight misdemeanor counts of violating Penal Code section 13304, for his alleged
unauthorized access, receipt, or possession of local summary criminal information. The
People alleged by complaint that Saunders had illegally accessed a county criminalinformation
database—CJIC—and passed pro... More...
   $0 (06-13-2017 - CA)

Cherrity Weatherford v. City of San Rafael

In California, concerns about improper government expenditures can give
rise to more than just criticism in the public sphere or complaints to elected
officials. Under Code of Civil Procedure section 526a,
1
certain individuals and
corporations also have a right to pursue legal actions enjoining wasteful or illegal
expenditures by government entities. Whether someone can us... More...
   $0 (06-11-2017 - CA)

ConocoPhillips Company v. Leon Oscar Ramirez, Jr., Individually, and Jesus M. Dominguez, as Guardian for Minerva Clementina Ramirez, an incapacitated person, Individually

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)

Cherrity Weatherford v. City of San Rafael

In California, concerns about improper government expenditures can give
rise to more than just criticism in the public sphere or complaints to elected
officials. Under Code of Civil Procedure section 526a,
1
certain individuals and
corporations also have a right to pursue legal actions enjoining wasteful or illegal
expenditures by government entities. Whether someone can us... More...
   $0 (06-08-2017 - CA)

Li Guan v. Yongmei Hu

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)

Jatinder Dhillon v. John Muir Health

As a general rule, a litigant may appeal an adverse ruling only after the trial
court renders a final judgment. (Code Civ. Proc., § 904.1.) The question in this
case concerns the application of this general rule when a trial court has granted a
petition for writ of administrative mandamus and remanded the matter for
proceedings before an administrative body. The issuance of the wri... More...
   $0 (05-30-2017 - CA)

Chango Coffee, Inc. v. Applied Underwriters, Inc.

Defendant Applied Underwriters, Inc. (Applied) purports to
appeal from the trial court’s order denying its renewed petition to
compel arbitration filed pursuant to Code of Civil Procedure
section 1008, subdivision (b).1 Because an order denying a
renewed motion or application under section 1008, subdivision (b)
is not appealable (see Tate v. Wilburn (2010) 184 Cal.App.4th
1... More...
   $0 (05-27-2017 - CA)

Friends of Outlet Creek v. Mendocino County Air Quality Management District

This is one of several lawsuits Friends of Outlet Creek (Friends) is pursuing in an
effort to prevent asphalt production at the site of an aggregate operation. The Mendocino
County Air Quality Management District (District) and Grist Creek Aggregates, LLC
(Grist Creek) successfully demurred on the ground Friends can only proceed against the
District in an administrative mandamus pr... More...
   $0 (05-26-2017 - CA)

State of Oklahoma v. Betty Jo Shelby

Tulsa, OK - Jury Finds Police Officer Not Guilty On Manslaughter Charge

The State of Oklahoma charged Tulsa police officer Betty Jo Shelby with:

Count # 1. Count as Filed: HM21, MANSLAUGHTER - 1ST DEGREE - HEAT OF PASSION, in violation of 21 O.S. 711
Date of Offense: 09/16/2016

The video tape of Officer Shelby shooting Mr. Crutcher immediately polarized the communit... More...
   $0 (05-18-2017 - OK)

Joe Hardesty v. State Mining and Geology Board

In this suit under the Surface Mining and Reclamation Act of 1975 (SMARA)
(Pub. Resources Code § 2710 et. seq.),1 plaintiffs Joe and Yvette Hardesty (collectively,
Hardesty), attack findings by the State Mining and Geology Board (Board). The Board’s
disputed findings conclude there are no vested rights to surface mine at the Big Cut Mine
in El Dorado County (County, not a party her... More...
   $0 (05-17-2017 - )

The Tavern, L.L.C. and Sall, L.L.C. v. The Town of Alpine, Wyoming

[¶1] Appellants The Tavern, LLC and SALL, LLC sued the town of Alpine, asserting
several claims stemming from Alpine’s financing and construction of a new sewage
treatment facility. Appellants challenged the legality of the indebtedness Alpine incurred
for the project, alleging that the loans exceeded the constitutional and statutory debt
limitations imposed upon municipalities. Th... More...
   $0 (05-16-2017 - WY)

Ford Motor Company v. The Superior Court of Los Angeles County, Jose Luis Aguilar, Real Party in Interest

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 - )

James Raymond Clary, as Personal Representative v. City of Crescent City

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 - )

Cecilia Ochoa v. Anaheim City School District

INTRODUCTION
The federal No Child Left Behind Act of 2001 mandated that states
establish accountability systems, requiring that all schools make “adequate yearly
progress” (AYP). (Pub.L. No. 107-110 (Jan. 8, 2002) 115 Stat. 1425.) California later
enacted the Parent Empowerment Act of 2010 (Ed. Code, §§ 53300-53303) (the Act)
which allows parents of children in poor-performing ... More...
   $0 (04-30-2017 - )

STATE OF OHIO vs. JEFFREY DARDINGER Physician avoids jail time on child porn conviction

Defendant-appellant Jeffrey Dardinger presents on appeal a single
assignment of error challenging the Hamilton County Common Pleas Court’s
judgment overruling his “Motion to Vacate Postrelease Control.” Dardinger was
sentenced in conformity with the statutes concerning postrelease control. And his
motion was subject to dismissal for lack of jurisdiction. We, therefore, affir... More...
   $0 (04-29-2017 - OH)

Save Our Heritage Organisation v. City of San Diego

No appearance for Defendants and Respondents City of San Diego et al.
Plaza de Panama Committee (the Committee) appeals from an order denying its
motion for attorney fees under Code of Civil Procedure section 1021.5.1 The Committee
filed the motion after it successfully appealed a judgment granting a petition for writ of
mandamus filed by Save Our Heritage Organisation (SOHO), in w... More...
   $0 (04-28-2017 - )

In re Earl King Court of Appeals Sixth Appellate District of Texas at Texarkana

Earl King has filed a petition for writ of mandamus notifying this Court that he filed a
motion for DNA testing on December 26, 2016, and that he “sent a letter to the court for a status
on his D.N.A. motion” on March 10, 2017. In his petition for writ of mandamus, King asks this
Court to order the judge of the 202nd Judicial District Court of Bowie County to respond to his
mo... More...
   $0 (04-27-2017 - TX)

The Aptos Council v. County of Santa Cruz

BY THE COURT:
It is ordered that the opinion filed herein on March 30, 2017, be modified as follows:

On page 18, in the first full paragraph, delete the second and third sentences
entirely and the first word of the fourth sentence, so that the fourth sentence now begins:
“As argued by the County below, . . .” The first full paragraph now reads: “In its
reply brief, Aptos C... More...
   $0 (04-26-2017 - )

True Blue Animal Rescue, Inc. v. Waller County Waller County Texas Courthouse - Hempstead, Texas

In this interlocutory appeal, appellant True Blue Animal Rescue, Inc. challenges the trial court’s denial of its application for a temporary injunction against appellee Waller County. Because True Blue did not meet its burdens to plead a cause of action against Waller County and to produce some evidence
2
establishing a probable right to relief, we affirm the denial of a temporary
inju... More...
   $0 (04-23-2017 - )

Citizens For Beach Rights v. City of San Diego

In 2006, the City of San Diego (City) obtained a Site Development Permit (SDP)
to construct a new lifeguard station on Mission Beach. The SDP stated that failure to
2
utilize the permit within 36 months of its issuance would automatically void the permit.
Over the ensuing years, the City worked to secure a permit from the California Coastal
Commission (Commission) and to obtai... More...
   $0 (04-21-2017 - )

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