ADOPTION: Attorney owed no duty to Plaintiffs as non-clients in adversarial interstate adoption… claims against DPHHS properly dismissed based on collateral estoppel as to Utah’s approval of adoption… Menahan affirmed. [Read more…]
Will challenge, new wife waived out of siblings’ agreement
WILL CHALLENGE: New wife waived right to challenge son’s and daughter’s agreement in mediation to admit father’s 2007 Will to probate rather than 2021 deathbed Will… Larson affirmed (memorandum). [Read more…]
Probate, self-deleting text not valid will
PROBATE: Self-deleting text about “touching up my will at the moment” and “i wanted to let you know that my sword company is going to go to you and david and ted” did not constitute valid will… Recht affirmed (memorandum). [Read more…]
Receivership, $249,423.78 fees prior to disposition
RECEIVERSHIP: $249,423.79 fees properly awarded Receiver and his attorney prior to disposition of all claims in commercial property dispute… Larson affirmed (memorandum). [Read more…]
Settlement breach, $23,273.83 fees/costs
SETTLEMENT BREACH: $23,273.83 fees/costs awarded for breach of settlement agreement by Plaintiff in 8-plex defects case filing new proceeding raising similar if not identical claims… Larson. [Read more…]
$440,000 stipulated judgment, apartment complex mold
STIPULATED JUDGMENT: $440,000, apartment complex mold. [Read more…]
Probate, will contest, laches
PROBATE: Objection to informal probate of will, claim of lack of capacity, properly rejected based on laches… Christopher affirmed (IOR I-3(d)). [Read more…]
Discovery, spoliation, computer information
DISCOVERY: Default judgment on liability, expenses for non-compliance with order, preliminary injunction against competitors for intentional spoliation of computer information, discovery abuses in Internet freight brokerage suit… Haynes. [Read more…]
Judge substitution, informal probate
JUDGE SUBSTITUTION: Motion filed during informal probate premature and thus untimely, not because it was not filed within 30 days of Notice… Townsend affirmed (other grounds). [Read more…]
Probate, PR removal for cause
PROBATE: PR properly removed for cause… Christopher affirmed. [Read more…]