DITCH EASEMENT claim properly denied… Langton affirmed. [Read more…]
Archives for June 2013
Easement foreclosure, 2nd trustee’s sale
EASEMENT FORECLOSURE: 1st trustee’s sale void for inadequate notice to lake access easement holder (1st impression), easement properly extinguished by 2nd sale, “one-action” [Read more…]
Sanctions, claimed mediation misrepresentation
SANCTIONS: Plaintiff requesting sanctions against Defense counsel materially misrepresented mediation, sanctions denied… Defendant’s request for fees/costs from Plaintiff as vexatious litigant to be determined… order. [Read more…]
Appraiser, “consulting” v. formal appraisal
APPRAISER: Discipline of appraiser affirmed over claim that he was only performing “consulting appraisal” to confirm realtor’s listing price… Curtis affirmed (IOR I-3(d)). [Read more…]
House defects, claims against seller/realtor
HOUSE DEFECTS claims against seller and seller’s agents properly resolved on summary judgment… summary judgment standards explicated… Stadler affirmed (IOR I-3(d)). [Read more…]
Construction lien, mooted by sale, rehearing
CONSTRUCTION LIEN: Rehearing of opinion that lien challenge was mooted by sale of property to 3rd parties denied… order. [Read more…]
Marital, trust assets, disclosures
MARITAL: No abuse of discretion in not attributing trust assets to wife or in dividing property… final disclosures cannot be waived, but Judge appears to have concluded that both parties had made full disclosures… Krueger affirmed (IOR I-3(d)). [Read more…]
Marital, parenting plan
MARITAL: No abuse of discretion in adopting father’s parenting plan… explication of non-cite standards, parenting plan discretion… McKeon affirmed (IOR I-3(c)). [Read more…]
Speedy trial, 426 days, 314 institutional, DUI
SPEEDY TRIAL claim involving 314 days of good-faith institutional delay out of 426 days in felony DUI case properly denied… Baugh affirmed. [Read more…]
Animal at large, leash v. “at heel”
ANIMAL AT LARGE: Lack of facts as to what dog and owner were doing precludes resolution of argument that “at heel” satisfies leash ordinance… ordinance not unconstitutionally vague… justiciability explicated… convictions affirmed… Wood/Seeley affirmed (IOR I-3(d)). [Read more…]
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