The Center for Biological Diversity and Helphinkley.org (together Helphinkley) successfully challenged the County of San Bernardino's (the County) approval of an open-air human waste composting facility, under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), and subsequently obtained an order of attorney fees under the private attorney general statute (Code ... More...   $0 (05-25-2010 - CA)

Dennis Schornack appeals the district court’s order denying cross motions by Schornack and David Bernhardt in which each sought to have the other’s filings quashed or struck from the case. The case arose out of a property dispute between Shirley-Ann and Herbert Leu and the International Boundary Commission (IBC), an organization tasked with defining, marking, and maintaining the boundary betwe... More...   $0 (05-19-2010 - WA)

This appeal arises from the summary suspension of the medical privileges of the plaintiff, Stephen Harris, a physician, by the defendant, Bradley Memorial Hospital and Health Center, Inc. The plaintiff appeals from the judgment of the trial court in favor of the defendant, rendered following the court’s grant of the defendant’s motion for judgment notwithstanding the verdict and for remittitur... More...   $0 (05-18-2010 - CT)

Cypress Security, LLC (Cypress), former provider of security services for the San Francisco Department of Human Services (DHS), lost to competitor Guardsmark, LLC (Guardsmark) in contract proceedings initiated by DHS through a request for proposals (RFP). Cypress sought mandate (Code Civ. Proc., § 1085) against the City and County of San Francisco (City), DHS, and Guardsmark to have the award to ... More...   $0 (05-18-2010 - CA)

Phillip Martin, an Oklahoma state prisoner proceeding pro se,1 appeals the district court’s orders granting defendants’ motions to dismiss and for summary judgment on his claims brought under 42 U.S.C. § 1983. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

BACKGROUND

Mr. Martin was formerly incarcerated at the private prison, Great Plains Correctional Facility,... More...   $0 (05-05-2010 - OK)

This is a petition for writ of mandamus or certiorari which seeks to compel a ruling on the question whether the petitioner is required to proceed to arbitration.

We conclude that the petition is well taken.

Garcia Stromberg, LLC (“the Architect”) is an architectural firm which entered into two contracts with RC Rose Island Hotel Company, Ltd. for architectural services. The cont... More...   $0 (05-05-2010 - FL)

Plaintiffs Chiquita Waters, Tami Waters, and Victor Waters are the children of Ruth Waters, who enrolled in the UCLA Willed Body Program in 1970 and whose body was donated to that program upon her death in 2001. Plaintiffs sued the Regents of the University of California (the Regents) for negligence because of alleged wrongdoing and mishandling of donated bodies by the UCLA Willed Body Program.More...   $0 (04-07-2010 - )

This is the second appeal in a successful action by Robert and Suzanne Cochran (“the Cochrans”), the appellants, against Griffith Energy Services, Inc., t/a Ewing Oil (“Griffith”), the appellee, for damages caused by a fuel oil spill in the Cochrans’ home. The primary issue now in dispute is the amount of post-judgment interest the Cochrans are entitled to receive.

A jury in the C... More...   $0 (03-31-2010 - MD)

The petitioner, Rita Sutton, by and through her son and attorney-in-fact, Glenn Sutton, appeals Superior Court (Smukler, J.) orders: (1) granting respondent Barbara Aichinger’s motion for summary judgment on Sutton’s petition for a writ of mandamus; and (2) denying Sutton’s request for a permanent injunction to prevent construction and development of Aichinger’s non-conforming lot. Aiching... More...   $0 (03-30-2010 - NH)

Appellant Carl T. Wibbenmeyer appeals a district court judgment that awarded appellees TechTerra Communications, Inc.; Christian Behier; and Adella Almazan-Seabolt attorney's fees but no other relief. Wibbenmeyer argues that there is no statutory or contractual basis for awarding attorney's fees and that, if there was, the amount awarded was an abuse of discretion. We agree that there was no stat... More...   $0 (03-26-2010 - TX)

Appellant contends that the City of Madera (City) violated the California Environmental Quality Act (CEQA) and the City‟s municipal code by approving a commercial retail shopping center project without preparing a subsequent or supplemental environmental impact report (EIR) for the project after the site plan for the 795,000 square feet of retail space in the project was changed so that the larg... More...   $0 (03-24-2010 - CA)

¶1 This is a case of first impression. We have never determined under what circumstances and conditions a trial court may: 1) conduct in camera1 interviews of children who are the subject of child custody and/or visitation proceedings;2 and 2) provide the transcript of the proceedings to the parents after the private in camera interview occurs. Consequently, we assume original jurisdiction to add... More...   $0 (03-23-2010 - OK)

This appeal is another chapter in the litigation between Dr. Brenton R. Smith and three hospitals run by Adventist Health System/West. (See Smith v. Selma Community Hospital (2008) 164 Cal.App.4th 1478 [hospital governing board erroneously revoked Smith‟s staff membership and hospital privileges]; Central Valley General Hospital v. Smith (2008) 162 Cal.App.4th 501 [litigation resulting from fail... More...   $0 (03-05-2010 - CA)

This appeal is another chapter in the litigation between Dr. Brenton R. Smith and three hospitals run by Adventist Health System/West. (See Smith v. Selma Community Hospital (2008) 164 Cal.App.4th 1478 [hospital governing board erroneously revoked Smith‟s staff membership and hospital privileges]; Central Valley General Hospital v. Smith (2008) 162 Cal.App.4th 501 [litigation resulting from fail... More...   $0 (03-04-2010 - CA)

LG Electronics, U.S.A., sued Whirlpool Corporation for infringing its trademark in a dryer that uses steam to reduce wrinkles. When it asked Whirlpool to produce communications between its attorneys and its outside advertising agencies relating to the purportedly infringing dryer, Whirlpool objected that the communications were protected by the attorney-client privilege. Whirlpool argued that the ... More...   $0 (03-03-2010 - )

Following termination of her employment as an administrative assistant in the office of A. Mark Lee, the Solicitor General of Effingham County (County), Angela Denise Thomas brought suit against Lee and the Effingham County Board of Commissioners (Board). In this action, Thomas contended that, because she had a property interest in her employment triggering due process rights, she was entitled to ... More...   $0 (03-01-2010 - GA)

This is a companion case to City of Sandy Springs v. Kaplan, 286 Ga. 160 (686 SE2d 115) (2009). In that case, the city sought, and this Court granted, interlocutory review of an order denying the city’s motion for summary judgment. We affirmed the denial of the city’s summary judgment motion, but remanded for further consideration and clarification of the trial court’s order. In this case, F... More...   $0 (03-01-2010 - GA)

John Zuccarini is a judgment debtor who owns the rights to many Internet domain names. DS Holdings (“DSH”) is the assignee of the judgment against Zuccarini. DSH attempted to levy upon Zuccarini’s domain name holdings in the Northern District of California where VeriSign, the official registry for all “.com” and “.net” domain names, has its headquarters. The district court appointed ... More...   $0 (03-01-2010 - CA)

This petition for a writ of mandamus arises from the proceedings in United States v. Arctic Glacier Int’l Inc., No. 1:09-cr-00149 (S.D. Ohio). In that case, Arctic Glacier International was charged in a criminal information with violating 15 U.S.C. § 1 by participating in “a conspiracy to suppress and eliminate competition by allocating packaged-ice customers in southeastern Michigan and the ... More...   $0 (03-01-2010 - OH)

This is an appeal from a post-divorce enforcement proceeding. Teresa Thomas complains of a turnover order; a money judgment payable to her former husband, Bruce Thomas; attorney’s fees assessed against her; and contempt orders entered against her. We have not been favored with responsive briefing by Bruce. For the reasons that follow, we affirm in part and reverse in part.

FACTUAL AND PR... More...   $0 (02-18-2010 - tx)

The named plaintiff, Richard Costantino,1 appeals from the trial court’s decision2 denying his request for a declaratory judgment that the defendant Medical Professional Mutual Insurance Company doing business as ProMutual and ProSelect Insurance Company (ProMutual), the medical malpractice insurer for the named defendant, Stanley Skolnick, is required to pay the plaintiff offer of judgment inte... More...   $0 (02-16-2010 - CT)

The City of Dripping Springs entered into agreements with two landowners in the City's extraterritorial jurisdiction, Cypress-Hays, L.P. and Mak Foster Ranch, L.P. The agreements contemplated the landowners' development of portions of their property for residential, commercial, and recreational use. The agreements were approved by the city council in public meetings during April 2001. Appellant S... More...   $0 (02-14-2010 - TX)

¶1 Petitioner, Robert Ward (Father), appeals the trial court's order finding him in contempt of court for failure to pay child support. Having recast this appeal as an application for a writ of prohibition, we deny same.

BACKGROUND

¶2 In 1995, Father and Respondent, Valerie Ward (Mother), were divorced. It is not disputed that the divorce decree awarded Mother custody of the co... More...   $0 (02-11-2010 - OK)

The enforceability of the arbitration clause contained in D.R. Horton, Inc.’s employee handbook acknowledgment form is again before this Court. As we have already twice determined that the arbitration clause at issue here is valid and enforceable,[1] we issue this memorandum opinion and affirm the trial court’s judgment.

Appellant Brenda Hatton began working for D.R. Horton in June of ... More...   $0 (02-11-2010 - TX)

The appellants herein and defendants below, AJR, Inc., and John M. Rhodes (hereinafter collectively referred to as “AJR”), appeal from an order entered July 18, 2008, by the Circuit Court of Wood County. By that order, the circuit court entered judgment in favor of the appellee herein and plaintiff below, Danny L. Benson (hereinafter referred to as “Mr. Benson”), in the amount of $94,910.2... More...   $0 (02-11-2010 - WV)