Plaintiff and appellant W&W El Camino Real, LLC (W&W) sued its upslope neighbor, defendant and respondent Victoria Fowler, trustee of the Fowler Revocable Living Trust (Fowler), for property damages after a January 2010 severe rainstorm flooded the property currently owned by W&W with water, mud and debris over the course of several

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hours, and which W&W contends originated from Fow... More...   $0 (05-16-2014 - CA)

In one issue, appellant, the City of Bryan/Building and Standards Commission (the “City”), challenges the trial court’s denial of its plea to the jurisdiction. We affirm.

I. BACKGROUND

Appellee, Kenneth Cavitt, owns property located at 608 North Sims Avenue in Bryan, Texas. The City alleged in its plea to the jurisdiction that, at all relevant times, it

City of Bry... More...   $0 (05-08-2014 - TX)

An individual who is denied state or local social services may challenge the denial through an administrative hearing process administered by the state Director of Social Services (Director). If the party receives an unfavorable administrative decision, the exclusive remedy is a petition for writ of mandate in the superior court. (Welf. & Inst. 2 Code,1 § 10962.) Section 10962 governs this judici... More...   $0 (05-02-2014 - CA)

Dismissal of a civil complaint is said to be voluntary when requested by the plaintiff and involuntary when ordered by the court. A dismissal may be partial, as in this case, where plaintiff Maureen deSaulles (Employee) agreed to dismiss two of her seven causes of action with prejudice in exchange for a payment of $23,500 from defendant Community Hospital of the Monterey Peninsula (Employer). A ci... More...   $0 (05-02-2014 - CA)

In this case, we consider whether Appellant the City of Keller established as a matter of law that the trial court had no jurisdiction over the inverse condemnation claim brought by Appellees Kimberlee Diane Meadors Hall and A. Thomas Hall. The Halls sued the City alleging that various actions by the City caused repeated flooding of their property. The City filed a plea to the jurisdiction, which ... More...   $0 (05-01-2014 - TX)

Plaintiffs Biron Family Living Trust and Philip L. and Julie M. Biron as trustees own a 12-unit apartment building in downtown Redding, California, which they purchased in 2001. In February and March 2009, their property was damaged by flooding during two separate storm events. They filed this action against defendant City

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of Redding (City), alleging inverse condemnation and danger... More...   $0 (04-30-2014 - CA)

Theresa Murders and Martina Maldonado owned a beauty salon and dog grooming business. They sued the City of Madisonville and its contractor, Brazos Valley Services, for their part in the replacing and repairing of a City sewer line in front of the business. The City filed a plea to the jurisdiction alleging governmental immunity, and Murders and Maldonado amended their petition. The City filed ano... More...   $0 (04-17-2014 - TX)

¶1 Lloyd and Laurie Smith filed suit against Timothy Vern and
Christy Leigh Simas claiming that the Simases’ house, constructed
adjacent to the Smiths’ house, violated the Declaration of
Covenants, Conditions, and Restrictions recorded against the
Simases’ property. On appeal, the Smiths challenge the trial court’s
denial of their requests for injunctive relief, nomina... More...   $0 (04-10-2014 - UT)

In four issues, appellant, Mai Thi Tran, challenges the trial court’s granting of summary judgments in favor of appellee, Andy Luu, and the trial court’s denial of her motion for new trial. We affirm.

I. BACKGROUND

On or about April 18, 2006, Luu sold to Tran approximately 47.98 acres of land situated in Robertson County, Texas for $143,940.1 The transaction was finalized on
<... More...   $0 (04-10-2014 - TX)

This intervention action arises out of a former debtor-creditor relationship concerning real property that was damaged by the San Diego County wildfires of 2007. The main action is a master complaint by damaged property owners, including a defaulting borrower, plaintiff, defendant-in-intervention and appellant Paul Thoryk (Appellant), who owned the property at the time of the fires. A year later, ... More...   $0 (04-09-2014 - CA)

In this commercial property damage case, appellant Raul Flores, Inc. (“Flores”), sued appellees Adrian D. Rodriguez and L&F Distributors, L.L.C. (“L&F”). After trial, the trial court directed a verdict in favor of appellees on certain claims, and the jury found in favor of Flores on the remaining claims. Flores raises five issues on appeal, contending

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that the trial court e... More...   $0 (04-03-2014 - TX)

Appellant, the City of El Paso (“the City”), brings this accelerated interlocutory appeal following the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West 2008); TEX.R.APP.P. 28.1(a) (stating an appeal from an interlocutory order, when allowed, is accelerated). The City raises three issues for our review.

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We affirm... More...   $0 (03-14-2014 - TX)

Stephen and Nahida "Lucy" Eskeland (the Eskelands) appeal from the trial court's denial of the petition for writ of administrative mandamus they filed against the City of Del Mar (the City) and real party in interest Jon Scurlock. The Eskelands challenge the City's decision to grant a variance to Scurlock allowing him to build a house that does not comply with the 20-foot front yard setback requir... More...   $0 (03-14-2014 - CA)

A homeowner was sued for keeping two pit bulls in violation of a restrictive covenant. The trial court issued a permanent injunction, enjoining the homeowner from keeping any pit bull at his home or within the limits of his subdivision. The court also awarded attorney’s fees to the property owners’ association for having to enforce the restrictive covenant. The homeowner asserts two issues on ... More...   $0 (03-13-2014 - TX)

Beginning in 1971 this court decided three cases that together reversed decades of previous law and recognized, for the first time, that sellers or furnishers of alcoholic beverages could be liable for injuries proximately caused by those who imbibed. (Vesely v. Sager (1971) 5 Cal.3d 153; Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313; Coulter v. Superior Court (1978) 21 Cal.3d 144.) In 1978, th... More...   $0 (02-24-2014 - CA)

In this case we are called on to interpret the effect of Labor Code section 6315, subdivision (g), which specifies that in cases involving serious injury to five or more employees in the workplace, or the death of an employee, and where a formal investigation by the Division of Occupational Safety and Health (the Division) was mandated, the results of that investigation “shall be referred in a t... More...   $0 (02-24-2014 - FL)

Plaintiffs Arnold J. Schmidt and Valerie A. Schmidt (together, the Schmidts), as cotrustees of the Arnold and Valerie Schmidt 2005 Revocable Trust, appeal judgments in favor of defendants Bank of America, N.A. (Bank of America) and Aragon Homeowners Association (Aragon HOA) after the court granted defendants' motions for summary judgment on the Schmidts' complaint for trespass, nuisance, and decla... More...   $0 (02-21-2014 - CA)

Plaintiffs Jared Rapp and Moti Goldring jointly own a condominium in the City of East Lansing, Michigan, and rented it out without a landlord license in violation of certain municipal ordinances. As a result, the City issued plaintiffs 173 citations. The state court held plaintiffs responsible for all citations and ordered them to pay $45,480 in fines. While the state court proceedings were ongoin... More...   $0 (02-18-2014 - MI)

Jose G. Alejandro appeals his conviction and sentence for attempted murder. Alejandro raises two issues, which we revise and restate as:

I. Whether the evidence is sufficient to sustain his conviction; and

II. Whether his sentence is inappropriate in light of the nature of the offense and his character.

We affirm.

FACTS AND PROCEDURAL HISTORY

In May 2012, Alejand... More...   $0 (02-17-2014 - IN)

This appeal arises from a Nez Perce County district court’s finding that Bret and Eddieka Christensen’s building constituted a private nuisance to John and Julie McVicars. In 2006, the Christensens began construction of a fabric building adjacent to the property line shared with the McVicarses. After its completion, the McVicarses filed a nuisance action alleging that increased noise, traffic,... More...   $0 (02-10-2014 - ID)

This appeal arises from a dispute between neighboring landowners in a residential development in North Lee County. The dispute concerns the scope of certain express easements.

I. Background Facts and Proceedings

It is often stated that a picture is worth a thousand words. That is the case here.
We begin with a 1977 plat map of the residential development.

(Image Not ... More...   $0 (02-05-2014 - IA)

The City of Riverside (City) filed a nuisance abatement action as to property owned by William and Kelly Horspool, and sought the appointment of a receiver pursuant to Health and Safety Code section 17980 et seq. Defendant William Horspool (William)2 appealed from the order appointing the receiver in case No. E051500,3 but failed to obtain an undertaking on appeal. Kevin Randolph, in his capacity ... More...   $0 (01-30-2014 - CA)

¶ 1. DOOLEY, J. This case arises out of a proposed housing development in West Woodstock, Vermont. It is not the first case to come before us related to this development. In Roy v. Woodstock Community Trust and Housing Vermont PRD, 2012 VT 87, ___ Vt. ___, 60 A.3d 686, we affirmed the permits for the project granted by the town development review board and the district environme... More...   $0 (01-07-2014 - VT)

This appeal arises from a Nez Perce County district court’s finding that Bret and Eddieka Christensen’s building constituted a private nuisance to John and Julie McVicars. In 2006, the Christensens began construction of a fabric building adjacent to the property line shared with the McVicarses. After its completion, the McVicarses filed a nuisance action alleging that increased noise, traffic,... More...   $0 (12-27-2013 - ID)

The City of Lincoln Center (City) cited Farmway Co-Op, Inc., and Farmway Storage #1, LLC (together "Farmway") for violating municipal noise and nuisance ordinances. The violations arose out of Farmway's operation of a grain elevator facility inside the city limits. After the municipal court convicted Farmway under both ordinances, the district court reversed the convictions, holding the ordinances... More...   $0 (12-20-2013 - KS)