On October 8, 2012, the county court entered judgment against appellant
Meridian Grace, awarding appellees Jessica Stapher Thompson and Marc Thompson $2,850 in
actual damages representing their security deposit, $100 in statutory damages, $8,550 in treble
damages, and $3,500 in attorney’s fees. On July 3, 2014, we issued a memorandum opinion
reversing and remanding that portion o... More...   $0 (08-13-2014 - TX)

This is an appeal out of Ada County by Saint Alphonsus Regional Medical Center from a jury verdict awarding damages totaling $52,084,513 against it for breach of contract and tortious conduct regarding MRI Associates, LLP, and its two limited partnerships that owned and operated magnetic resonance imaging scanners. The respondents also cross-appealed the $4.6 million judgment obtained by Saint Alp... More...   $0 (08-04-2014 - ID)

In this statutory fraud action involving the “as is” sale of commercial real property,
Harstan, Ltd. and TBI, Inc., (collectively, “Harstan”) appeal the trial court’s judgment in favor of
Si Kyu Kim and Sarah Kyung-Al Kim (collectively, “the Kims”). In three issues, Harstan
argues that the “as is” nature of the sale precludes the Kims from recovering on their claim an... More...   $0 (07-25-2014 - TX)

Defendant, Kenneth Charles Rader, enjoyed a meal at a steakhouse and then paid $100 of the bill with counterfeit $20 bills. He left the restaurant and was arrested shortly thereafter. He stands convicted of: one count of second degree burglary (Pen. Code, § 459)1; two counts of felony theft (§§ 484, subd. (a) (484), 666); and two counts of forgery (§§ 472, 476). Defendant admitted he had sust... More...   $0 (07-23-2014 - CA)

Elaine Damianakis, as Personal Representative of the Estate of Nikitas Damianakis, appeals a final judgment in favor of Philip Morris USA, Inc., which followed the trial court's grant of Philip Morris's motion for summary judgment. The trial court granted Philip Morris's motion for summary judgment on the ground that the statute of limitations barred Mrs. Damianakis's claims, based on its prerequi... More...   $0 (07-18-2014 - FL)

Defendant, Lance Lamont Jernigan, is subject to two concurrent 25-year-to-life sentences. Defendant seeks to have his indeterminate sentences recalled and be resentenced to a determinate term pursuant to Penal Code1 section 1170.126, subdivision (f). The trial court ruled defendant’s prior serious felony conviction for attempted forcible oral copulation disqualified him from seeking resentencing... More...   $0 (07-10-2014 - CA)

Under Code of Civil Procedure section 685.040,1 a judgment creditor is entitled to the reasonable and necessary costs of enforcing the judgment, including statutory attorney fees ―otherwise provided by law.‖ A motion to claim enforcement costs must, however, be made ―before the judgment is satisfied in full.‖ (§ 685.080, subd. (a).)
In the present case, plaintiff Fessha Taye, conserva... More...   $0 (07-07-2014 - CA)

Jessica Stapher Thompson and Marc Thompson sued their former landlord, Meridian Grace, under section 92.109 of the Texas Property Code, alleging that Grace acted in bad faith when she withheld their security deposit and failed to provide an accounting of any deductions. See Tex. Prop. Code § 92.109(a), (b) (providing that landlord who in bad faith retains security deposit or fails to provide an a... More...   $0 (07-03-2014 - TX)

On September 8, 2011, the district court entered judgment against appellant, awarding appellee $87,296.00 in actual damages, $20,000 in exemplary damages, and $35,000 in attorney’s fees. On May 30, 2014, we issued a memorandum opinion reversing and rendering judgment that appellee is not entitled to attorney’s fees or a constructive trust on Natho’s homestead and holding that the evidence wa... More...   $0 (07-02-2014 - TX)

A jury found defendant and respondent Carlos Miguel Iraheta guilty of shooting at an occupied motor vehicle in violation of Penal Code section 246.1 Before sentencing, Iraheta moved for a new trial on several grounds, including that the trial court had erred by declining to instruct the jury on imperfect self-defense in relation to the section 246 charge. The trial court concluded it had committed... More...   $0 (06-27-2014 - CA)

In the first of two trials in this case, a jury found Pablo Emmanuel Diaz guilty of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)) (count 2), driving under the influence causing injury (Veh. Code, § 23153, subd. (a))1 (count 3), driving with a measurable blood alcohol causing injury (§ 23153, subd. (b)) (count 4), and driving with a suspended license for an alcoh... More...   $0 (06-24-2014 - CA)

This appeal arises from a fraud, breach of contract, and breach of warranty action brought by April Beguesse, Inc. (ABI) against Kenneth Rammell (Rammell), the estate of Christa Beguesse (Christa), and Christa Beguesse, Inc. (CBI) (collectively Defendants) and a breach of contract counterclaim brought by CBI against ABI. The parties went to trial and the jury returned
2
a verdict in favor ... More...   $0 (06-18-2014 - ID)

This is an appeal out of Ada County by Saint Alphonsus Regional Medical Center from a jury verdict awarding damages totaling $52,084,513 against it for breach of contract and tortious conduct regarding MRI Associates, LLP, and its two limited partnerships that owned and operated magnetic resonance imaging scanners. The respondents also cross-appealed the $4.6 million judgment obtained by Saint Alp... More...   $0 (06-17-2014 - ID)

Appellants Mohamad Mooti and Ilham Elsaleh d/b/a Bryan Auto Body & Auto Sales and Brazos Valley Collision Center appeal the trial court’s award of prejudgment interest, attorney’s fees, and costs to Appellee Ahmad Aldirawi in this partnership dissolution case. Mooti and Elsaleh complain that the trial court should have instead awarded them attorney’s fees and costs because they were the prev... More...   $0 (06-13-2014 - TX)

City Direct Motor Car, Inc. and its president, Mahdi Mohammadaghaei (collectively, “City Direct”), appeal the trial court’s judgment in favor of Expo Motorcars, L.L.C. on Expo Motorcars’s claims for breach of implied warranty of title, negligent misrepresentation, and fraud. We affirm the trial court’s judgment.

BACKGROUND

Expo Motorcars agreed to purchase a 2008 Mercedes S... More...   $0 (06-05-2014 - TX)

This is an appeal of a judgment entered following a jury trial in a trespass to try title action concerning approximately 234.2 acres of real property located adjacent to the Red River in Hardeman County, Texas. Appellant, Weldon Johnson, Jr., claimed title to the disputed property by adverse possession and by virtue of common law principles pertaining to accretion of riparian properties. Appellee... More...   $0 (05-28-2014 - TX)

Plaintiff Patrick Cottini appeals from a judgment entered in favor of Enloe Medical Center (Enloe) after the jury found one or more Enloe employees provided negligent care to Cottini, a dependent adult, while he was in Enloe’s care or custody, but

* Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part IV of... More...   $0 (05-21-2014 - CA)

This matter requires application of well-settled legal doctrines to an unusual set of facts. As detailed below, Sara Lesende (“Lesende”) and her husband, Victor Lesende, brought suit against the City of Newark (“the City”) and Police Officer Arnold Borrero. Following a five-day trial, a jury found that both Officer Borrero and the City were liable and awarded Lesende $2,700,000 in compensa... More...   $0 (05-15-2014 - NJ)

Defendant and appellant Indiana Lumbermens Mutual Insurance Company (Indiana), the surety on a bail bond, appeals an order denying its motion to set aside the summary judgment on a forfeited $625,000 bail bond.1

The essential issue presented is whether the summary judgment on the bail forfeiture is void because it was entered while an appeal was pending from an order denying Indiana’s mot... More...   $0 (05-08-2014 - 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)

Contra Costa County Bureau of Children and Family Services (the bureau) filed an amended petition pursuant to Welfare and Institutions Code section 300, subdivisions (b) and (c),1 alleging, among other things, that Felicity S. was at substantial risk of harm due to the failure of Elizabeth V. (mother) to provide for the child’s medical and emotional needs. Felicity had been hospitalized for unco... More...   $0 (05-01-2014 - CA)

In this case, we address the applicable statute of limitations when an attorney is sued for malicious prosecution. Almost thirteen months after the resolution in the trial court of Sportsmark Trading, Ltd. v. Roger Cleveland Golf Company, Inc. (Super. Ct. L.A. County, 2007, No. BC365228) (the Sportsmark action), Roger Cleveland Golf Company, Inc. (RCG), the defendant therein, filed a malicious pro... More...   $0 (04-15-2014 - CA)

Plaintiff and appellant Stephanie Rosen (Stephanie), along with her husband Michael Rosen (who is not a party to this appeal), obtained a significant judgment against defendants Christopher Cook (Cook) and LegacyQuest for breach of contract. Cook and LegacyQuest appealed and obtained a stay of execution by posting an undertaking by personal sureties. After this court dismissed Cook and LegacyQuest... More...   $0 (04-08-2014 - CA)

Photographer Louis Psihoyos sued publisher John Wiley & Sons, Inc.
18 (“Wiley”) for copyright infringement under the Copyright Act of 1976, 17
19 U.S.C. § 101 et seq., based on Wiley’s publication of textbooks containing
20 eight of Psihoyos’s photographs. Although the United States District Court
21 for the Southern District of New York (Rakoff, J.) determined that theMore...   $0 (04-04-2014 - NY)

Defendant Giai Van Ngo was first tried by jury in 2011 for the conduct at issue in this appeal. The jury hung on all counts, and defendant was tried again in 2012. The second jury found defendant guilty on four counts: Count One—sexual penetration with a child aged 10 or younger; Counts Two and Four—lewd or lascivious acts on a child by force; and Count Three—simple battery. (Pen. Code, §§... More...   $0 (03-28-2014 - CA)