COUNTY ROAD ABANDONMENT: Decision to abandon part of road over landowners’ protest properly found on petition for writ of review to be supported by substantial evidence that road did not abut Plaintiffs’ property… Wald affirmed. [Read more…]
Sheriff/CA immunity, easement dispute citation
SHERIFF/COUNTY ATTORNEY IMMUNITY improperly denied for trespass citation to person claiming secondary easement to access irrigation headgate (citation subsequently dismissed, easement subsequently established in State Court)… Ostby reversed (unpublished). [Read more…]
Debt collection, loan servicer, $426,537 damages
DEBT COLLECTION: Loan servicer’s unfair & deceptive practices in attempting to collect mortgage debt properly found to have violated FDCPA and MCPA, damages properly awarded although house not foreclosed on or sold: $172,615.20 for interest, $1,792.94 late charges, $50,000 emotional distress, $2,000 statutory, $60,000 for communication directly with represented parties, $31,020 fees/costs for violation of orders… appeal fees/costs to be awarded… argument that conduct related to foreclosure by loan originator not debt collection activity under FDCPA not addressed because of change in theory on appeal… Jones affirmed. [Read more…]
Real estate, $28,517 overrides, $165,086 fees
REAL ESTATE CONTRACT: $28,517 wrongfully retained “overrides” properly awarded Defendants in real estate satellite office dispute, $165,085.50 fees/costs properly awarded pursuant to contract, plus appeal fees/ costs… Jones affirmed (IOR I-3(d)). [Read more…]
Home construction, $256,378 damages, $78,176 fees
HOME CONSTRUCTION: No recovery on defective construction lien, $256,378.30 damages/$78,176.02 fees/ costs to owners [Read more…]
Speedy trial, homicide, dismissal/re-filing
SPEEDY TRIAL: 222 days during 1st filing period before homicide charge dismissed with prejudice counted toward 415 days aggregate as Defendant was “an accused” during 1st period… time from dismissal to reinstatement of charge not counted as she was not “an accused” then… 133 days attributed to State as sanction for producing 600 pages [Read more…]