DUI: 2007 VOA language that defendant would be required to pay for a public defender regardless of indigence not sufficient irregularity to render prior DUIs infirm as felony predicates… J. Brown affirmed (IOR I-3(c)). [Read more…]
Archives for September 2020
Trailer park lease, “property management agent”
TRAILER PARK LEASE: Fact issues as to whether lessee was acting as lessor’s property management agent as to spaces rented to 3rd parties preclude summary judgment on whether late-discovered lease was valid or properly terminated pursuant to Mobile Home Lot Rental Act… lessee permitted to add unjust enrichment counterclaim following lessor’s summary judgment motion… Recht. [Read more…]
Insurance, Fall From Heights exclusion, ladder fall
INSURANCE: Fall from Heights exclusion precludes coverage for ladder fall regardless of whether the person fell from or with the ladder or whether 10-15 foot fall measured from head or foot qualifies as “from heights”… no duty to defend roofing contractor vis-à-vis $4.7 million consent judgment… Cavan affirmed (memorandum). [Read more…]
Medical marijuana, hash oil
MEDICAL MARIJUANA: Hash oil conviction affirmed over McIntosh claim… Christensen affirmed (memorandum). [Read more…]
Crystallized mineral dusty inhalation claim denied
Claim of compensable injury from inhaling crystallized mineral dust rejected… Sandler. [Read more…]
Settlements
Plan I
Bruce Gilman, 21 claims 10/91-4/03, City of Livingston, disputes as to entitlement to PTD and impairment award, $125,000 for all claims, stipulated judgment; Richard Martin for Gilman, Morgan Weber for MMIA [Read more…]
Personal jurisdiction, legal malpractice, NY lawyer
PERSONAL JURISDICTION defense by New York lawyer in legal malpractice case waived by failing to assert it before moving to set aside default… Christopher reversed (IOR I-3(c)). [Read more…]
Eviction of Texas/Montana lawyer
EVICTION claims by Texas/Montana lawyer in residential lease dispute properly rejected… Townsend affirmed (IOR I-3(c)). [Read more…]
Probation search, outbuilding rented from probationer
PROBATION SEARCH improperly extended to outbuilding rented by Defendant from probationer… conviction of possession of relic opium bottle reversed… J. Brown reversed. [Read more…]
Sentencing, court-ordered mental evaluation costs
SENTENCING: Defendant properly ordered to pay unspecified amount of costs of court-ordered mental evaluation… McLean affirmed (IOR I-3(c)). [Read more…]