TAX DEED: Delinquent property owner’s personal check received by the Treasurer 1 day after the deadline substantially complied with redemption statutes… Harada reversed. [Read more…]
Summary judgment, declaration v. affidavit
SUMMARY JUDGMENT: A declaration executed under §1-6-105 is equivalent to an affidavit, is sufficient evidence at the summary judgment stage… summary judgment improperly granted to debt collector because patient’s declaration that she was not in ICU established material fact issues… Harada reversed. [Read more…]
Landlord-tenant, Justice Court damages jurisdiction
LANDLORD-TENANT: Justice Court lacked jurisdiction to award RTLA damages ($58,753.73) in excess of the $15,000 general limit… Harada reversed. [Read more…]
Sex abuse of children, sexual exhibition for phone bill
SEX ABUSE OF CHILDREN: Conviction of texting stepdaughter to engage in sexual exhibition in exchange for paying phone bill and 100-years sentence affirmed… Harada affirmed. [Read more…]
Mobile home contract, declaratory judgment
MOBILE HOME CONTRACT: No private right of action under 2007 RISA, but purchaser entitled to declaratory judgment as to rights & obligations under Installment Sales Contract… Moses affirmed, reversed. [Read more…]
Mobile home sale, default, notice, surplus
MOBILE HOME SALE: Sale of defaulted home without notice of how sellers intended to dispose of it and accounting for surplus violated UCC, summary judgment for buyers improperly denied on grounds that Art. 9 no longer applied to Agreement after buyers vacated, resulting in verdict that Agreement terminated when buyers moved out… sellers may assert equitable estoppel but summary judgment on estoppel improper… Souza reversed. [Read more…]
RISA, no private cause under 2009 version, mobile home
RISA: 2009 version does not confer private cause of action for challenge of mobile home contract… Todd affirmed. [Read more…]
Mobile home sale, re-sale surplus, UCC
MOBILE HOME SALE: Summary judgment that buyer not entitled to surplus from re-sale improperly granted on grounds that UCC Art. 9 no longer applied after Release was signed without first determining whether buyer was in default, improperly granted that Release satisfied strict foreclosure elements… Todd reversed. [Read more…]
UCC, mobile home default, resale surplus
UCC: Defaulting mobile home purchaser not precluded by Full Release of Contract from pursuing surplus purportedly realized upon resale… Souza reversed. [Read more…]
Indians, sovereign immunity, terminated employee suit
INDIANS: Purchase of insurance by Tribal nursing home insufficient to waive tribal sovereign immunity against suit by terminated employee. . . individual Defendants also protected. . . Watters. [Read more…]