DEBT COLLECTION: 4 medical accounts stated improperly dismissed as not addressed in summary judgment motion… fact issues as to whether 93 days of silence constituted an “unreasonable” time to retain a statement without objection require jury resolution on a 5th account… Ohman reversed. [Read more…]
Failure to prosecute, collection suit, 2-1/2 years delay
FAILURE TO PROSECUTE: Collection suit against hospital patient improperly dismissed after 2-1/2 years in light of, inter alia, Defendant’s request for delay to pursue med-mal claims… Allison reversed (memorandum). [Read more…]
Arbitration, face of award reveals math error
ARBITRATION: Face of award reveals miscalculations subject to modification by Court… remanded for Arbitrator Axelberg to clarify calculation… fees/costs for alleged vexatious actions by Defendant properly denied… Abbott reversed, affirmed. [Read more…]
Water rights, diversion flume
WATER RIGHTS from diversion flume correctly determined in accordance with some of Master Ritter’s findings, contrary to some findings… McElyea affirmed. [Read more…]
Bankruptcy, defective trust indentures, mortgages
BANKRUPTCY: Defective trust indentures properly treated as mortgages… Kirscher/Molloy affirmed (unpublished). [Read more…]
Unlawful detainer, removal of house occupant
UNLAWFUL DETAINER: Removal of house occupant properly ordered, $4,185 fees properly awarded… Sherlock affirmed (IOR I-3(d)). [Read more…]
Boundary/attorney fees, sloughing mine boundary
BOUNDARY/ATTORNEY FEES: No meritorious defense to order requiring restoration of sloughing open-pit gold mine boundary despite sale of mine, primary issues precluded by law of case from prior appeal, takings [Read more…]
Mining, buffer strip, “excavating”/“excavation”
MINING: Intent of agreement and judgment to preserve 30 buffer for “lateral support” for neighboring property, not to allow [Read more…]
House defects, termites, no inspection
HOUSE DEFECTS: Purchaser of termite-ridden house who failed to get inspection failed to show misrepresentation or intentional failure to disclose, only raised suspicions… summary judgment for sellers… Seeley. [Read more…]
Homeowners association, covenants, contempt
HOMEOWNERS ASSOCIATION: Un-named owner consented to jurisdiction in covenants dispute by physical appearance in court and lawyer’s motions… Association did not coerce owner into stipulation under guise of changing covenants to accommodate metal roof, did not interfere with attempts to bring amendments to vote, covenants [Read more…]