SSD: ALJ failed to provide clear & convincing reasons for discounting Plaintiff’s testimony as to limiting effects of migraines and fatigue… Loughlin reversed… DeSoto. [Read more…]
Cosmetology school improperly sanctioned
COSMETOLOGY SCHOOL improperly sanctioned for investigation of allegations of sexual harassment by massage therapy instructor based on “loosely worded” statute’s “generally accepted standards of practice”… Vanisko affirmed, Board reversed, Seeley reversed. [Read more…]
Order of protection, father deprived of parenting
ORDER OF PROTECTION: (mother improperly given exclusive care of children and father deprived of parenting contact without child-specific findings… Brown affirmed, reversed. [Read more…]
Supervisory control denied on pending motions
SUPERVISORY CONTROL of Menahan denied on pending motions… Order. [Read more…]
Supervisory control denied as to emergency custody
SUPERVISORY CONTROL of Cunningham denied as to refusal to issue emergency custody order involving competing affidavits regarding alleged sex abuse of child… Order. [Read more…]
Municipal Court speedy trial, good cause not shown
MUNICIPAL COURT SPEEDY TRIAL: Good cause not shown for City’s continuances that delayed misdemeanor DUI trial beyond 6-month deadline… Peterson/Menahan reversed. [Read more…]
Insurance, no cooperation with lightning investigation
INSURANCE: Failure to cooperate with insurer’s investigation precludes further recovery of claimed loss under High Value Homeowners Policy for alleged damages from lightning strike… Ohman. [Read more…]
Verdict judgment, wrongful eviction, $714,000
VERDICT JUDGMENT: $270,000 verdict for breach of Lot Rental Act (2 Plaintiffs), wrongful eviction damages trebled for total damages award of $510,000, $204,000 contingency fees at 40%. [Read more…]
Probate, uncashed $80,000 cashier’s check
PROBATE: Uncashed $80,000 cashier’s check in decedent’s name improperly held to be individual property of widow and not estate asset… Ohman reversed. [Read more…]
Default judgment, agricultural designation
DEFAULT JUDGMENT in agricultural designation dispute premature and voidable warranting set-aside despite procedural notice error… Gilbert affirmed (other grounds). [Read more…]
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