MARITAL: Distribution of assets and debts including unknown valuation of Grenada property affirmed… Harada affirmed (memorandum). [Read more…]
Judicial estoppel, malicious prosecution/abuse of process
JUDICIAL ESTOPPEL: Counsel substitution not justification for untimely summary judgment motion but no prejudice so properly allowed, but malicious prosecution and abuse of process claims not barred by judicial estoppel arising from failure to update Ch. 7 schedules to disclose pending claims… Fehr reversed. [Read more…]
Insurance, sexual contact with sleeping co-worker
INSURANCE: FWS scuba officer’s sexual contact with sleeping employee correctly found to not be an “occurrence” and therefore not covered… instruction to tell colleagues that contact was consensual incorrectly found to be covered “occurrence”… Christensen affirmed, reversed (memorandum). [Read more…]
Insurance, sexual assault, FWS employees
INSURANCE: Fact issues to be resolved at trial preclude summary judgment as to coverage of alleged sexual assault by FWS officer of allegedly sleeping FWS employee at overnight stay in FWS cabin while on work trip. . . insurer has duty to defend officer. . . Christensen. [Read more…]
Banking, credit reputation, conversion, distress
BANKING: Claims relating to credit reputation preempted by FCRA… claim of conversion of $449.40 escrow balance properly rejected on basis that Plaintiff did not pursue funds before suing and bank then returned funds, no evidence of [Read more…]
$295,000 verdict, county water tank leak, house
VERDICT: $295,000, home damage from county water tank leak… inverse condemnation claim directed out for failure of proof, admitted liability for negligence. [Read more…]
Interest, marital loan calculation
INTEREST properly calculated on loan from wife to husband on remand from ruling that loan which did not specify interest [Read more…]
Marital, pre-nup, contribution to business
MARITAL: Wife’s contributions to business were loan and gift, wife not entitled to share in husband’s interest… ambiguous pre-nup drafted by wife’s attorney construed against her, despite pre-nup provision against such construction… loan [Read more…]