INSURANCE/MARITAL/PROBATE: Term life beneficiaries improperly changed from wife & business to sister while economic TRO in effect even though changes could have been made between divorce and death, must be set aside under equitable power to order return to status quo when TRO violator has died… sister, although surprised to be named beneficiary of 2 policies (one not disclosed in divorce), unjustly enriched by $2,306,103.13 proceeds which she invested in real estate, constructive trust imposed in favor of decedent’s son & daughter per MSA and parenting agreement, to be resolved in equity on remand… Neill reversed. [Read more…]
Tax evasion v. willful failure to pay
TAX EVASION: Jury should have been instructed on willful failure to pay as lesser-included… vacated and remanded… Lovell reversed (unpublished). [Read more…]
DUI, disabling fear of needles
DUI: Reasonable ground to stop for failure to stop at sign, Deputy did not represent that Defendant would not lose license if he provided PBT sample, claim of disabling fear of blood-draw needles properly rejected… reinstatement properly denied… McKeon affirmed. [Read more…]
Probate/res judicata, reopen
PROBATE/RES JUDICATA: Petition to reopen probate alleging fraud by PR and newly discovered tangible personal property not precluded under by res judicata by prior dismissal of breach of fiduciary claim “with prejudice” for lack of subject jurisdiction (1st impression)… Olson reversed. [Read more…]
Marital, custody, distant parents
MARITAL: Parenting time properly apportioned between geographically distant parents… Macek affirmed. [Read more…]
Justifiable force, known violence of deceased
JUSTIFIABLE FORCE: Defendant may not offer interview statement made 4 months after shooting to prove that at time of shooting he knew of instances of violence by deceased as told to him by woman deceased had allegedly abused… no hearsay exception… supervisory control reversing Olson… opinion & order. [Read more…]
Farm lease/gas well/probate
FARM LEASE/GAS WELL/PROBATE claims properly dismissed for statute of frauds, failure to state claim, lack of jurisdiction… McKinnon affirmed (IOR I-3(d)). [Read more…]
Fraud, particularity/reliance
FRAUD claims properly dismissed for failure to plead with particularity, show reliance on representations… indemnity/contribution claim properly dismissed as relating back to fraud claims… Macek affirmed. [Read more…]
Surveyor malpractice, $140,344 bench judgment
SURVEYOR MALPRACTICE: Purchasers of land only incidental beneficiaries of prior surveys, no standing to sue for breach of contract on 3rd-party beneficiary theory, but properly awarded $140,344 for negligent [Read more…]
Copyright infringement, harm presumption
COPYRIGHT INFRINGEMENT: Long-standing 9th Circuit precedent that
presumes irreparable harm in copyright infringement case upon [Read more…]