CONFESSED JUDGMENT: $12 million for refusal to defend overlapping entity in construction dispute reduced to $2,432,010 following remanded reasonableness hearing and finding of unreasonableness and collusion… Eddy. [Read more…]
Attorney disqualification, $12 million confession
ATTORNEY DISQUALIFICATION: Attorneys representing both entities (both owned by same individual) in residential construction dispute disqualified from reasonableness hearing into $12 million confessed judgment against insurer that refused to defend/indemnify one of the entities… Eddy. [Read more…]
Attorney disqualification, $12 million confession
ATTORNEY DISQUALIFICATION: Attorneys representing both entities (both owned by same individual) in residential construction dispute disqualified from reasonableness hearing into $12 million confessed judgment against insurer that refused to defend/indemnify one of the entities… Eddy. [Read more…]
COPP, term expiration, 1/1/17 v. 6/10/19, 2
COPP: Motl’s term expired 1/1/17 per appointment and confirmation, not 6/10/19 (6 years after appointment), but Motl remains until successor is appointed and qualified… supervisory control order. [Read more…]
Public access, $375,000 for bridge restoration
PUBLIC ACCESS EASEMENT: Advisory jury’s verdict of $375,000 properly adopted as supplemental declaratory relief for “restoration” of public access bridge that had been moved from canal crossing… fees/ costs properly awarded PLWA, but improperly ordered taken out of $375,000 restoration fund, remanded for separate award… Olson affirmed, reversed. [Read more…]
Insurance, $12 million confessed judgment
INSURANCE: Insurer entitled to contest reasonableness of $12 million confessed judgment in house construction dispute… final judgment reversed… Ortley reversed. [Read more…]
$410,000 verdict, bridge easement interference
VERDICT: $410,000, tortious interference with public easement over bridge, public nuisance… trial following Supreme Court ruling that public prescriptive easement not limited to bridge destroyed by wildfire, includes replacement bridge in place at time of prior MSC decision which became law of case. [Read more…]
Malicious prosecution, abuse of process
MALICIOUS PROSECUTION claims improperly dismissed, abuse of process claims properly dismissed as untimely… Haddon reversed, affirmed (unpublished). [Read more…]
Appeal, failure to seek stay, corporate sale
APPEAL: Failure to seek stay renders appeal of Internet corporation dissolution order moot… order. [Read more…]
Corporate dissolution, Internet provider sale
CORPORATE DISSOLUTION: Sale of Internet provider to high bidder for $502,000 approved… Salvagni. [Read more…]