Named plaintiff Dina Hataishi (Plaintiff) appeals from a trial court order denying her motion for certification of a California class of Defendant First American Home Buyers Protection Corporation’s (First American) customers whose telephone conversations were recorded without warning. Plaintiff contends that First American’s conduct violates Penal Code1 section 632, which prohibits the intent... More...   $0 (02-21-2014 - CA)

PETITION AND APPLICATION TO SUMMON AND APPOINT COMMISSIONERS

COMES NOW the Plaintiff, The City of Oklahoma City, a municipal corporation, and for its cause of action against the
Defendants, alleges and states:

1. That the Plaintiff, The City of Oklahoma City, is a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Ok... More...   $0 (02-20-2014 - OK)

On November 6, 2013, we issued an opinion and judgment affirming the trial court’s no-answer default judgment against the appellant, Dionisio G. Torres. Torres timely moved for rehearing, and the appellee, Leticia Haynes, filed a response. After considering the motion and response, we grant Torres’s motion, withdraw our opinion and judgment of November 6, 2013, and substitute this opinion and ... More...   $0 (02-19-2014 - TX)

Cynthia Burch challenges an order granting summary adjudication in favor of Premier Homes, LLC (Premier Homes), Custom Home Builders, Inc. (Custom Home Builders), Scott Warren, and Daniel Sahar in a construction defect action. The defendants argued that the Right to Repair Act (Civ. Code, § 895 et seq.) provides the exclusive remedy for a homeowner seeking damages for construction defects and pre... More...   $0 (02-19-2014 - CA)

2 Plaintiff owns a parcel of real property in Crook County. He filed a
3 declaratory judgment action in February 2009 against adjoining landowners seeking to
4 establish that he has an easement over their property for access to his property. He
5 appeals a general judgment declaring that express easements exist on the property of two
6 defendants, that those easements are not appur... More...   $0 (02-12-2014 - OR)

¶1 The only question presented on appeal is whether the district court possesses in personam jurisdiction over a Tennessee individual and corporation, who sold a motor vehicle to an Oklahoma resident. We hold that the district court possesses jurisdiction. The totality of contacts in this cause indicates that the exercise of in personam jurisdiction is proper and does not violate the due process ... More...   $0 (02-11-2014 - OK)

An ex-wife appeals the trial court’s judgment notwithstanding the verdict, asserting that residential property was not the ex-husband’s homestead and that the property was, consequently, subject to her claims against the ex-husband for fraudulent conveyance of the property under the Uniform Fraudulent Transfer Act. We affirm. 2 FACTUAL AND PROCEDURAL BACKGROUND Julia Almanza and Johnny Salas w... More...   $0 (02-11-2014 - TX)

James Baker and Linda Baker (the Bakers) filed a declaratory judgment action asking the trial court to determine the location of an express easement reserved by their predecessors in title over property owned by Walnut Bowls, Inc. (Walnut Bowls). 2 Walnut Bowls’ answer alleged two affirmative defenses: (1) the easement was abandoned; and (2) the easement was extinguished by adverse possessio... More...   $0 (02-11-2014 - MO)

This appeal presents the final set of issues arising from claims of negligent construction of a condominium project in south Mississippi. The remaining parties are a contractor and two insurers. The district court held that a subcontractor’s Commercial General Liability (“CGLâ€�) insurer breached its duty to defend the general contractor. Disputed on appeal are the district court’s holding t... More...   $0 (02-11-2014 - MS)

The Estate of Terrence Mealy1 appeals the dismissal of its request for a declaration of the meaning of a phrase used in a restrictive covenant in a deed.

The district court erred in finding the question was not ripe for review. We reverse and remand for further proceedings.

I. Background Facts and Proceedings.

Mealy purchased the commercial property at issue from the Nas... More...   $0 (02-05-2014 - )

New York auto dealers Marina Dodge, Inc. and Webster Auto Brokers, Inc. (“the Auto Dealersâ€�) appeal the denial of their respective motions to dismiss the personal injury suit filed against them in Broward County. The Auto Dealers maintain that the trial court erred in rejecting their argument that personal jurisdiction could not be exercised against them in Florida. We agree and therefore reve... More...   $0 (02-05-2014 - FL)

Plaintiffs, Michael S. and Jill Smith ( “Plaintiffs� or “Smiths�), for their claims against Defendants, Wayne Griffiths Homes, Inc. (“WGHI�) and Wayne Griffiths (“Mr. Griffiths�), hereby allege and state as follows: THE PARTIES

I. Plaintiffs are residents of Oklahoma County, Oklahoma.

2. Defendant, WGHI, is an Oklahoma corporation engaged in the business of constr... More...   $0 (02-03-2014 - OK)

Jerome Cha v. 357 Inc., d/b/a Reco Enterprises a/d/b/a Reco Construction company and others breach of contract, breach of implied warranty, breach of duty of good faith and fair dealings, and professional negligence theories.

Defendants answered cross claimed and counterclaimed.

The parties agreed that the following facts were not disputed:

1. On September 12, 2008, Dr. ... More...   $0 (01-31-2014 - OK)

¶1 Clark Bruce Kidd (Husband) appeals from several orders of the trial court related to the dissolution of his marriage to Elaine J. Kidd (Wife). We affirm.
Kidd v. Kidd
20120460-CA 2 2014 UT App 26
BACKGROUND1
¶2 Husband and Wife married on March 13, 1980, and divorced on March 9, 2012, after thirty-two years of marriage. Although the parties were able to agree on most of the te... More...   $0 (01-30-2014 - UT)

¶1 Clark Bruce Kidd (Husband) appeals from several orders of the trial court related to the dissolution of his marriage to Elaine J. Kidd (Wife). We affirm.

Kidd v. Kidd

20120460-CA 2 2014 UT App 26

BACKGROUND1

¶2 Husband and Wife married on March 13, 1980, and divorced on March 9, 2012, after thirty-two years of marriage. Although the parties were able to agree on mo... More...   $0 (01-30-2014 - UT)

Appellant Arthur Drager, as personal representative of the estate of Shirley Gross, seeks reversal of the district court’s denial of Gross’s request to amend her complaint and its dismissal of her state common law tort claims against appellee PLIVA USA, Inc. for injuries sustained as a result of her use of a drug it manufactured. Drager contends on appeal that the proposed amendments were not ... More...   $0 (01-28-2014 - MD)

¶1 Wayne L. Hughes Sr. and Patricia L. Hampton-Hughes (the
Hugheses) challenge the trial court’s grant of partial summary
judgment to Q-2, LLC on the Hugheses’ claim of adverse
possession of a disputed parcel of land. We reverse and remand.
Q-2, LLC v. Hughes
2. On appeal from a bench trial, we recite the facts in a light most
favorable to the trial court’s findings.... More...   $0 (01-24-2014 - UT)

¶1 This appeal arises from litigation that has been ongoing for
more than fifteen years over a family trust. The Defendants Albert
“Skip� Heber Warner Jr. (Skip), Vernon S. Warner, and Valeen W.
Peterson (collectively, the Trustees) appeal from the district court’s
order that certain trust property be removed from the trust. They
also challenge the court’s decision to ... More...   $0 (01-24-2014 - UT)

¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert “Skipâ€� Heber Warner Jr. (Skip), Vernon S. Warner, and Valeen W. Peterson (collectively, the Trustees) appeal from the district court’s order that certain trust property be removed from the trust. They also challenge the court’s decision to require the Trustees... More...   $0 (01-24-2014 - Ut)

In May 2009, the United States Congress enacted the Protecting Tenants Against Foreclosure Act of 2009 (PTFA or Act) (Pub.L. 111-22, Div. A, Title VII, §§ 702-704, May 20, 2009, 123 Stat. 1660) and, in 2010, the Congress amended it (Pub.L. 111-203, Title XIV, § 1484, July 21, 2010, 124 Stat. 2204).1 The Act provides protections for bona fide tenants of residential real property at foreclosure f... More...   $0 (01-23-2014 - CA)

COMES NOW Thomas K. Ball, Trustee of the Pamela G. Ball Revocable Trust (hereinafter “Plaintiff�), and for its causes of action against Mark Close Roofing and Construction Inc., an Oklahoma Corporation (hereinafter “Defendant�) alleges and states as follows:

THE PARTIES

1. Plaintiff is an Oklahoma Revocable Trust dated March 5, 1999 and this petition is brought by the Trustee... More...   $0 (01-21-2014 - OK)

[¶1] This appeal concerns the respective rights of automobile manufacturers and dealers pursuant to the Business Practices Between Motor Vehicle Manufacturers, Distributors and Dealers Act (Dealers Act), 10 M.R.S. §§ 1171 to 1190-A (2013).1 The Dealers Act regulates the franchise relationship between automobile manufacturers/franchisors and dealers/franchisees. We have previously addressed sect... More...   $0 (01-21-2014 - ME)

Beth Ann Kelly died after receiving a fatal dose of fentanyl. Her estate subsequently brought this lawsuit alleging that the defendant’s fentanyl patch caused Kelly’s death. The defendant pleaded immunity under a Michigan statute that immunizes manufacturers of “drugsâ€� from suit. The district court determined that the fentanyl patch was a “drugâ€� and consequently granted the defendantâ€... More...   $0 (01-21-2014 - MI)

Plaintiff-appellee Alfred Bernat appeals the trial court’s summary judgment. We affirm.

2

BACKGROUND

Bernat sued defendants-appellees Tomas Sotelo and Benancia Sotelo in the Harris County Civil Court at Law, seeking possession of certain real property on Larkin Street and an award of damages. Specifically, Bernat’s petition alleges that he has expended money for repairs an... More...   $0 (01-17-2014 - TX)