DEFAULT: Abuse of discretion in not setting aside default judgment of $30,065.52 for repair of non-owned truck, $835 fees/costs… Ortley reversed (IOR I-3(d)). [Read more…]
Debt collection/arbitration, settled joint debtor
DEBT COLLECTION/ARBITRATION: Meritorious motion for summary judgment that bank entitled to collect from joint debtor after other debtor settled judgments for part of debt precluded by potentially enforceable arbitration clause if parties request arbitration… Allison. [Read more…]
Property, specific performance, marital
PROPERTY: Specific performance of buy-sell awarded in divorce affirmed over claim of post-divorce oral agreement… Prezeau affirmed (IOR I-3(d)). [Read more…]
Appellate mediation, property title appeal
APPELLATE MEDIATION: Appeal of property title summary judgment designated as appropriate for mediation as requested by Appellant and over objection of Appellees… order. [Read more…]
Foreclosure, compulsory counterclaim
FORECLOSURE: Mobile home park seller not required to assert nonjudicial foreclosure as counterclaim in prior negligent [Read more…]
Employment contract, new age corporate developer
EMPLOYMENT CONTRACT: $42,000 for 6 months to new age corporate developer correctly based on instructions on remand [Read more…]
Real estate, buy-sell, water system, parol evidence
REAL ESTATE: Alleged oral agreements/statements outside buy-sell as to claims for negligent misrepresentation/breach of implied covenant as to trailer court water system barred as parol evidence, not within fraud in inducement exception… [Read more…]
Lease, default, opportunity to cure
LEASE: Lessee vacated without attempt to cure default, summary judgment proper for lessors… Lympus affirmed. [Read more…]
BID, CA petition evaluation, area, assessments
BUSINESS IMPROVEMENT DISTRICT: Owners properly apprised of proposed area… City Attorney properly received & evaluated petitions and reported to Council… proposed boundary not improperly changed during petitioning… no requirement for proposed assessment until after [Read more…]
Attorney discipline, public censure, excessive fees
ATTORNEY DISCIPLINE: Censure/suspension for excessive fees… Proceeding in Public Censure.
Justice Morris delivered the censure of Joseph Engel: [Read more…]