Plan II
Ronald Sanderson, low back, 10/00, total, $350,000, Norman Newhall
Roberta Hawkins, shoulder(s), 3/07, $51,000, Kenneth Thomas [Read more…]
Negligence/false arrest, robbery/rape victim
NEGLIGENCE/FALSE ARREST: Clerk’s claims that officers negligently responded to robbery, allowing robber to rape her, barred by public duty doctrine… exceptions, particularly custody/control, not applicable… victim’s brief detention in handcuffs on ground until identity confirmed justified… Swandal affirmed. [Read more…]
Attorney fees/costs, foreign judgment enforcement
ATTORNEY FEES/COSTS of $9,725 properly awarded in enforcement of $1,513.01 costs judgment in Malibu condo dispute based on rejected offer of 1¢ less than judgment… Christopher affirmed (IOR I-3(d)(v)). [Read more…]
Dam flood easements, class cert hearing guidelines
DAM FLOOD EASEMENTS not necessarily barrier to lakeshore owners’ damage claims… owners’ “contour line” theory properly rejected, “erosion,” “unreasonable damage” theories improperly rejected on summary judgment… co-defendant’s request for hearing on class [Read more…]
Probate, girlfriend’s life estate in house
PROBATE: Ex-wife/PR failed to timely appeal order granting girlfriend $129,679 as financial interest in lieu of life estate in house… claim that girlfriend was improperly appointed successor PR over family members named in will rejected… Larson affirmed (IOR I-3(d)(v)). [Read more…]
Fraudulent transfer, un-filed homestead “asset”
FRAUDULENT TRANSFER: Homestead not “asset” under UFTA, not necessary to file declaration to be exempt from UFTA… residence properly established, qualified as homestead… Irigoin affirmed. [Read more…]
Arbitration, federal lab construction
ARBITRATION: Federal lab dispute properly resolved under FAR or FCDA, not by AAA… forum properly decided by judge, not arbitrator… Haynes affirmed. [Read more…]
Marital, business apportionment
MARITAL: Husband’s business properly included in estate as equitable apportionment and as award in lieu of maintenance… income for support should be based on tax returns and close corporation’s financial statements, not just fact that corporation paid little in dividends… husband’s interest in corporation improperly discounted to reflect alleged [Read more…]
Revocation, double jeopardy
REVOCATION: Double jeopardy claim based on revocation of parole and suspended sentence for same conduct rejected on abbreviated plain error review… suspended sentence properly revoked before Defendant started serving it… Day affirmed. [Read more…]
Plea withdrawal, felony DUI, JSC confidentiality
PLEA WITHDRAWAL: Claim that felony DUI plea involuntary properly rejected… JSC confidentiality did not prevent challenge of irregularity of prior DUI on grounds of alleged JP conflict of interest… ineffective assistance claim underlying claim of involuntary plea more amenable to [Read more…]
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