INSURANCE: Claim untimely reported or made under claims-made-and-reported policy… “notice-prejudice” rule not applicable to claims-made-and-reported policies… Cavan affirmed (memorandum). [Read more…]
Probate/judicial disqualification, “suggested” bias
PROBATE/JUDICIAL DISQUALIFICATION: Ruling on Petition for Order to Recover Assets properly made based on pleadings & documentation without a hearing… unfounded “suggestions” of bias by Judge properly found frivolous warranting monetary sanctions against Co-PR and his attorney and removal of Co-PR… fees/costs also awarded for frivolous appeal which perpetuated baseless allegations against Judge… Pinski affirmed. [Read more…]
Marital/attorney fees, 3rd-party separate action
MARITAL/ATTORNEY FEES: Fees properly awarded to husband under terms of divorce settlement agreement for defending against wife’s 3rd-party complaint in separate action, but amount improperly based on billing records and summaries admitted without expert’s personal knowledge of truth or accuracy… $18,684.93 prejudgment interest properly awarded on $20,000 marital property settlement where wife was not prevented by stays from paying it for 9 years… Parker affirmed, reversed. [Read more…]
Marital, tax consequences of ranch sale
MARITAL: Tax consequences should be considered in likely sale of ranch to satisfy payment of wife’s half interest… Jensen/Pinski reversed. [Read more…]
Marital, support/parenting modifications
MARITAL: Modification of support/parenting provisions of separation agreement properly denied without hearing… appeal fees denied… Cybulski affirmed. [Read more…]
Nolo plea validity
PLEA VALIDITY: Challenge of validity (as opposed to plea withdrawal) of nolo plea to negligent homicide of grandson from oxycodone rejected… Pinski affirmed (IOR I-3(c)). [Read more…]
Foreclosure, loan modification representations
FORECLOSURE ordered over claim of unclean hands by bank… loan modification misrepresentation claims under CPA rejected… Lynch/Molloy. [Read more…]
Attorney fees, $342,881, frivolous stock claims
ATTORNEY FEES: $342,881 fees & costs awarded out of ex-girlfriend’s 16% share of deceased’s $2,808,425 stock account for defense by 3 other beneficiaries of frivolous claim to entire account, affirming Cebull’s award following remand from 9th Circuit to allow objections as to amounts… Watters. [Read more…]