REAL ESTATE: Breach of boundary realignment stipulation claim not time-barred, specific performance properly ordered, trespass claim properly dismissed… R. McElyea affirmed. [Read more…]
Commercial lease, assignment by landlord
COMMERCIAL LEASE does not preclude assignment by landlord or require tenant’s approval for assignment… tenant’s crossclaim for breach of contract due to assignment dismissed, leaving rent default claim by purchaser of property as successor Landlord… J. Brown. [Read more…]
Indemnity agreements, “appropriate expenses”
INDEMNITY AGREEMENTS: Summary judgment properly granted on limited issue of whether insurer may seek indemnification from contractor for “appropriate expenses” incurred in payment litigation by subcontractor, issue of damages to be decided by trier of fact including whether fees which contractor alleges were incurred by insurer defending against bad faith claim in underlying litigation are covered… Moses affirmed. [Read more…]
Excessive force, tasering in welfare check
EXCESSIVE FORCE: Fact issues preclude summary judgment for officers as to whether tasering intoxicated naked man in welfare check was reasonable, whether he was unlawfully restrained… bankruptcy trustee substituted as Plaintiff… [Read more…]
Real party/attorney fees, “trustee”
REAL PARTY/ATTORNEY FEES: Suit in name of “trustee” for non-existent trust properly dismissed for failure to join “trustee” as [Read more…]