ARBITRATION: Defendant waived right to compel arbitration after reentering litigation following default set aside without asserting the right… Breuner affirmed. [Read more…]
$2,221,839 verdict, apartment building earthwork
VERDICT: $2,221,839, breach of subcontract by earthwork subcontractor resulting in demolition of apartment building due to movement from lack of soil compaction and foundation drainage. [Read more…]
$11 million settlement, driller arm amputation
SETTLEMENT: $11 million, traumatic arm amputation in drilling accident. [Read more…]
Construction defects, suit remains alive per clarification
CONSTRUCTION DEFECTS: Suit involving apartment building that was destroyed due to soil movement remains alive pursuant to Court’s ruling on Plaintiffs’ requested “clarification” of summary judgment rulings which Defendant construed as resulting in dismissal of entire case… Hayworth. [Read more…]
Construction defects, apartment building soil movement
CONSTRUCTION DEFECTS: Tort claims against excavation contractor of apartment building that was destroyed due to soil movement including concealment of defects dismissed on summary judgment based on statutes of limitation… contract claims survive summary judgment BUT Plaintiffs are unable to seek restoration damages because they cannot prove “temporary injury” resulting in dismissal of entire case… Hayworth. [Read more…]
Abuse of process/vexatious litigant, suspended attorney
ABUSE OF PROCESS/VEXATIOUS LITIGANT: Abuse of process claims against debt collection attorney and others properly rejected on summary judgment without hearing… suspended attorney properly declared vexatious litigant and sanctioned with District pre-filing order, extended statewide… Menahan affirmed (memorandum). [Read more…]
Vexatious litigant, guardianship/conservatorship
VEXATIOUS LITIGANT: Claims stemming from guardianship/conservatorship disputes properly rejected, Plaintiff properly declared vexatious litigant… Johnston/Morris affirmed (memorandum). [Read more…]
Abuse of process, subpoena of judgment debtor’s son
ABUSE OF PROCESS claim stemming from subpoena of judgment debtor’s son in effort to discover location of debtor or his assets rejected on summary judgment, suspended attorney Plaintiff declared vexatious litigant… Menahan. [Read more…]
Insurance, condo building wind-damage UTPA rulings
INSURANCE: Pretrial rulings in condo building wind damage UTPA case… Johnston. [Read more…]
Corporate oppression, vexatious disbarred attorney
CORPORATE OPPRESSION claims by daughter involving father’s estate’s interests in numerous corporations properly dismissed following bench trial case-in-chief. . . $20,927.50 fees/costs properly awarded mother’s conservator attorney under Foy for preparing to defend himself for 2 years before being named (never should have been named) and $35,128 for attorneys retained to defend him at trial, also entitled to fees on appeal but not fees-for-fees. . . Plaintiff not denied a fair trial. . . disbarred Plaintiff declared vexatious litigant. . . Fagg affirmed. [Read more…]