Mandamus Law
 
Barbara Lynch v. California Coastal Commission

The California Coastal Commission (Commission) appeals from a judgment in a
mandamus action directing the Commission to remove three conditions from a coastal
development permit amendment (permit) issued to Barbara Lynch and Thomas Frick
(collectively, respondents). The Commission contends respondents waived any challenge
to these conditions by signing and recording documents agree... More...
   $0 (09-09-2014 - CA)

State of Oklahoma v. Jeremy Jermaine Jacobs a/k/a Jeremy Jacobs a/k/a Jermaine Jacobs a/k/a Charles Perry

State of Oklahoma v. Jeremy Jermaine Jacobs a/k/a Jeremy Jacobs a/k/a Jermaine Jacobs a/k/a Charles Perry

Count # 1.
Count as Filed: DI6AM, DUI ALCOHOL - SECOND OFFENSE (MUNICIPAL ARREST) , in violation of 47 O.S. 11-902 A 2
Date Of Offense: 12/20/2012

(After Prior Convictions)

Count # 2.
Count as Filed: OBS, OBSTRUCTING AN OFFICER , in violation of 21 ... More...
   $0 (09-08-2014 - OK)

Shaz Investments Group, LLC v. City of Moore

Norman, Cleveland County, Oklahoma - The Shaz Investments Group, LLC sued the City of Moore seeking a declaratory judgment alleging:

I. Plaintiff is now and at all relevant times to this Petition was, a corporation organized under the laws of the State of Oklahoma. Plaintiff is the true and legal owner of Apple Valley, Section 9, real property situated within the City of Moore, consisting... More...
   $0 (09-04-2014 - OK)

In the Estate of Rosa Elvia Guerrero, Deceased

Mike Hall Chevrolet, Inc. d/b/a Champion Chevrolet (Champion) brings this interlocutory appeal from the trial court’s order denying its motion to compel arbitration pursuant to the Federal Arbitration Act (FAA). See Tex. Civ. Prac. & Rem. Code § 51.016 (providing that matters subject to the FAA may be appealed under the same circumstances that an appeal from a federal court order is permitted b... More...   $0 (09-04-2014 - TX)

Timothy White v. University of California

In this appeal, we consider whether the Native American
Graves Protection and Repatriation Act (“NAGPRA” or “the
Act”) abrogates tribal sovereign immunity and, if not,
whether the district court properly dismissed this declaratory
WHITE V. UNIVERSITY OF CALIFORNIA 5
judgment action because the tribes and their representatives
were indispensable parties under Fed. R.... More...
   $0 (08-27-2014 - CA)

Mariama Monique Changamire v. Keiba Lynn Shaw

Appellant Mariama M. Changamire Shaw seeks review of a circuit court
order dismissing her amended petition for dissolution of marriage, and Appellee Keiba
Lynn Shaw has filed a notice of cross-appeal of that order. Appellant and Appellee are
same-sex partners who married in Massachusetts in 2010 and subsequently relocated
to Florida. The couple separated in October 2013, and Appell... More...
   $0 (08-27-2014 - FL)

Scott R. James v. State of California

Title 18 United States Code section 922(g)(9)1 prohibits the possession of firearms by those convicted of a “misdemeanor crime of domestic violence.” Section 921(a)(33)(A)(ii) defines “misdemeanor crime of domestic violence,” in pertinent part, as an offense that “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon .…” Penal Code s... More...   $0 (08-26-2014 - CA)

Thomas O. Bennett, Jr., James B. Bonham Corporation, and Wayne H. Paris v. Randy Reynolds, Larry Grant and Richard T. Miller

Thomas O. Bennett, Jr. and the James B. Bonham Corporation appeal a final takenothing
summary judgment on claims they had asserted against Randy Reynolds, Larry Grant,
and Richard T. (Dick) Miller. The judgment also imposed sanctions jointly and severally against
Bennett, Bonham, and their attorney in this proceeding, Wayne H. Paris, and all three of them
(collectively, and as appl... More...
   $0 (08-23-2014 - )

Jana Maree Lemons v. Leslie Jean Rotledge and T-Med Surgical Devices and Bracing, LLC

Jana Maree Lemons v. Leslie Jean Rotledge and T-Med Surgical Devices and Bracing, LLC

Issue # 1.
Issue: AUTO NEGLIGENCE (AUTONEG)
Filed by: LEMONS, JANA MAREE
Filed Date: 12/03/2010
Party Name: Disposition Information:

Defendant: RUTLEDGE, LESLIE JEAN
Disposed: DISMISSED, 07/15/2011. Dismissed by Court.

Defendant: T-MED SURGICAL DEVICES AND BR... More...
   $0 (08-18-2014 - OK)

Robert Lindner v. Union Pacific Railroad Company

Robert Lindner’s parents were killed
when a Union Pacific train derailed and caused a bridge to
collapse. Soon after the accident, Lindner filed this wrongful2
No. 13-1422
death action against Union Pacific in Illinois state court. Union
Pacific removed the case to federal court, asserting diversity
jurisdiction: The Lindners were domiciled in Illinois, whereas
Union ... More...
   $0 (08-11-2014 - IL)

Seven Hills Commercial, LLC v. Mirabal Custom Homes, Inc., et al.

In this consolidated, interlocutory appeal, we examine whether the trial court erred by denying appellants’ motions to compel arbitration. Appellant Seven Hills Commercial, LLC (Seven Hills) appeals from three orders issued by the trial court in which the trial court refused to compel arbitration and stay the case pending in the trial court. Appellants Catenary Group, LLC (Catenary), Post Real E... More...   $0 (08-11-2014 - )

In re Gary Donnell Williams

While awaiting trial on a variety of sex crime charges, petitioner Gary Donnell Williams was declared mentally incompetent to stand trial due to developmental disability. (Pen. Code, § 1370.1.)1 Pursuant to its statutory obligation, the regional center provided a recommendation to the trial court to place Williams where he was to receive services designed to restore him to competency. (§ 1370, s... More...   $0 (08-08-2014 - CA)

Lefiell Manufacturing Company v. O'Neil Watrous

Labor Code section 45581 provides an exception to the exclusivity of the workers’ compensation system for employees injured as a result of the employer’s knowing removal of, or knowing failure to install, a point of operation guard on a power press. The issue presented here is the correct definition and application of the term, “point of operation guard.” The meaning of this term is not de... More...   $0 (08-06-2014 - CA)

Western Dairy Transport, LLC v. Marcial Felipe Vasquez

In this consolidated interlocutory appeal and petition for writ of mandamus, Appellant/Relator, Western Dairy Transport, LLC, challenges the trial court's order denying its motion to compel arbitration in the suit filed by Appellee/Real Party in Interest, Marcial Felipe Vasquez. We conclude that we lack jurisdiction over the petition for writ of mandamus. In the interlocutory appeal, we conclude t... More...   $0 (07-30-2014 - TX)

Doyle Anderton v. E. Douglas Lane, Doris S. Lane, Larry D. Lane, Teri L. Lane, Kelly L. Lane and Lisa K. Lane

Doyle Anderton appeals the trial court’s judgment in favor of E. Douglas Lane, Doris S. Lane, Larry D. Lane, Teri L. Lane, Kelly L. Lane, and Lisa K. Lane (collectively referred to as “Lane”), stemming from Lane’s trespass to try title suit. In a single issue on appeal, Anderton contends no legally sufficient evidence supports the trial court’s finding that Lane adversely possessed a por... More...   $0 (07-23-2014 - TX)

In the Matter of the Marriage of Kriss Camp and Belinda Camp

Appellant Kriss Camp, an indigent inmate appearing pro se, appeals the judgment of the trial court declaring his marriage to appellee Belinda Camp, n/k/a Belinda Ingram, void. We will affirm the judgment of the trial court.
Background
This is the second appeal of litigation concerning the relationship of Camp and Ingram. In 2011, in Camp’s absence, the trial court rendered a divorce decr... More...
   $0 (07-18-2014 - TX)

Josafat Rodriguez, Jr. v. City of Santa Cruz

Petitioner Josafat Rodriguez, Jr., a former Santa Cruz police officer, applied to the City of Santa Cruz (the City) for industrial disability retirement, alleging psychiatric disability due to posttraumatic stress disorder (PTSD). The City denied Rodriguez’s application. Rodriguez challenged that denial by means of a petition for a writ of administrative mandate, which the superior court denied.... More...   $0 (07-17-2014 - CA)

In the Interest of J.D., a Minor Child

John Henry Dupree’s failure to obey a court order requiring him to make child support payments and to provide medical support for J.D. resulted in Dupree being placed on community supervision. Because Dupree thereafter continued missing these payments, the trial court revoked his community supervision and ordered him committed to the Cass County jail for 180 days.1 On appeal, Dupree attacks the ... More...   $0 (07-16-2014 - TX)

Theresa Huck v. Wyeth, Inc. d/b/a Schwarz Pharma,Inc. and PLIVA, Inc.

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain... More...   $0 (07-11-2014 - IA)

The Alabama-Coushatta Tribe of Texas v. United States of America

The Alabama-Coushatta Tribe of Texas brought suit against the United States and various federal agencies alleging inter alia violations of the Administrative Procedures Act and federal common law. The district court granted the Government’s motion to dismiss for lack of subject matter jurisdiction. Because we hold that the Tribe has failed to allege “agency action” sufficient to meet the sta... More...   $0 (07-09-2014 - TX)

The People v. Julio Davis

In 2000, a jury convicted Julio Davis of first degree burglary (Pen. Code, § 459)
and also found that he had four prior first degree felony burglary convictions. The trial
court imposed a sentence of 25 years to life in prison. In April 2003, this court affirmed
the judgment against Davis who is currently serving his sentence. (See People v. Davis
(Apr. 2, 2003, A094645) [nonpub. ... More...
   $0 (07-08-2014 - CA)

In The Interest of A.T., a minor child

Troy J. Wilson and Georgette George-Wilson appeal the trial court’s final decree terminating the parental rights of minor child A.T.’s parents and appointing the Texas Department of Family and Protective Services (the “Department”) as sole managing conservator of A.T. The Wilsons argue on appeal that the trial court (1) abused its discretion in striking their petition to intervene because ... More...   $0 (07-01-2014 - TX)

In the matter of the Guardianship of Berry

¶1 This proceeding involves a request for an extraordinary writ that is recast as appeal from an order in a guardianship that adjudicated the wards' selection of counsel and adjudicated a motion concerning unsupervised visitation and selection of a guardian.This proceeding also involves two requests for extraordinary relief that were made during the appeal.1 The first involves an emergency motion... More...   $0 (06-24-2014 - OK)

Hector F. v. El Centro Elementary School District

By way of its enactment of a scheme of interrelated statutes, the Legislature has imposed on public schools in California an affirmative duty to protect public school students

2

from discrimination and harassment engendered by race, gender, sexual orientation or disability. (See Gov. Code, § 11135; Ed. Code §§ 201, 220, 32261, 32280, 32281 & 32282.) In particular, Education Cod... More...
   $0 (06-24-2014 - CA)

Mark Fisch v. The Honorable Rogert Stuart, Judge of the District Court of Oklahoma

¶1 Original jurisdiction is assumed, art. 7 §4, Okla. Const. The issue presented is whether the plaintiff/petitioner is entitled to have a representative present and to videotape an neuropsychological examination requested by the defendant. The applicable unambiguous statute, 12 O.S. 2011 §3235, answers this question. It provides in pertinent part:

A. SCOPE WHEN ELEMENT OF CLAI... More...
   $0 (06-19-2014 - OK)

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