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Covenant Law
 
Golden Eagle Land Investment, L.P. v. Rancho Sante Fe Association

This is an appeal and cross-appeal from an anti-SLAPP ruling which granted the
defense motion to strike in part and denied it in part. (Code Civ. Proc.,1 § 425.16.)
Plaintiff and appellant Golden Eagle Land Investment, L.P. (Golden Eagle) and its
coplaintiff and appellant Mabee Trust (the Trust; sometimes together, Appellants)2 own
real property in the vicinity of Rancho Santa Fe. ... More...
   $0 (01-14-2018 - CA)

Li Guan v. Yongmei Hu

Plaintiff Li Guan and defendant Yongmei Hu entered into a
contract under which Guan paid the purchase price for a Malibu
residence (the property) to be held by Hu as the “nominal owner.”
Hu agreed to sell the property upon receiving instructions to
do so, and to distribute the sale proceeds between the parties
according to a mathematical formula in the contract. After
recei... More...
   $0 (01-13-2018 - CA)

Anderson Living Trust v. Energen Resources Corporation District of New Mexico Federal Courthouse - Albuquerque, New Mexico

Fossil fuels are the decomposed remains of pre-historic flora (coal) and fauna (oil
and gas). They have driven the world’s economy (particularly that of the United States)
for over a century. Discovering marketable deposits, extracting them from the ground,
refining them, and delivering them to consumers in useful form is big business, on one
hand fraught with risk and on the other... More...
   $0 (01-10-2018 - NM)

Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector—a secretly-filmed exposé of the operation of an Idaho dairy farm. ... More...   $0 (01-09-2018 - ID)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

Mark Boswell, et al. v. Panera Bread Company, et al. Eighth Circuit Courthouse - St. Louis, Missouri

The central issue in this contracts case is whether certain at-will employees can
hold their employer, Panera, LLC, to its promise to pay them a bonus. The district
court thought so and granted summary 1 judgment to the employees. We agree and
affirm.
In an effort to recruit and retain general managers for its restaurants, Panera
created a program under which qualifying manager... More...
   $0 (01-08-2018 - MO)

Joseph R. Elliott v. Board of School Trustees of Madison Consolidate Schools and State of Indiana Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

The Contract Clause of the United States Constitution prohibits States from passing laws “impairing the Obligation of Contracts.” Art. I, § 10, cl. 1. The prohibition is not absolute, but it imposes substantial limits on laws that would undermine existing contractual rights. In 2012, an Indiana law took effect amending the State’s teacher tenure law to cut back on the rights of tenured teachers in... More...   $0 (12-05-2017 - IN)

State Farm General Insurance Company v. Watts Regulator Co.

A nonprofit organization (Arbitration Forums, Inc. or AF)
provides arbitration services for insurers and self-insured
companies who become members of AF by signing its “Property
Subrogation Arbitration Agreement” (the AF arbitration
agreement). Plaintiff State Farm General Insurance Company
and defendant Watts Regulator Company are members of AF
that signed the AF arbitrati... More...
   $0 (12-03-2017 - CA)

Betco Corporations, Ltd. v. Malcolm D. Peacock, Marily Peacock, B. Holdings, Inc. and E. Holdings, LLC Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Betco Corporation purchased the assets
of two bioaugmentation companies from Marilyn and
Malcolm Peacock. The Asset Purchase Agreement included
the sale of equipment at the Peacocks’ Beloit, Wisconsin plant.
Betco asked Malcolm to remain at the Beloit plant after the
sale as president. Eventually, Betco discovered that the Beloit
plant was delivering defective products to c... More...
   $0 (11-27-2017 - WI)

Citizens of Humanity v. Applied Underwriters, Inc.

Defendants and appellants Applied Underwriters, Inc.
(Applied Underwriters), California Insurance Company (CIC),
Continental Indemnity Company (CNI), Applied Risk Services,
Inc., Joan Sheppard, Westin Fredrick Penfield, and Michael Scott
Wichman (collectively, defendants) appeal from an order denying
their petition to compel arbitration of a dispute with plaintiffs
and resp... More...
   $0 (11-26-2017 - CA)

LAKEWOOD PROPERTY OWNERS' ASSOCIATION AND MARK HARRIS SAMUELS V. KYLE SMITH AND CHRISTINE SMITH

This case comes before us after extensive litigation and for the second time
on appeal. The record from the first appeal reveals that the Appellants‟ submitted
their plans to build their carport to the LPOA Architectural Review Committee
(ARC),1 who rejected the plans for failure to comply with the LPOA building
restrictions. Specifically, the Building Restrictions req... More...
   $0 (11-24-2017 - LA)

Baltazar Salzar Salazar and Walter Salazar Pest Control v. Hometeam Pest Defense, Inc. f/k/a Rollins HT, Inc. Lee County Courthouse - Fort Myers, Florida

Baltazar Salazar, a former pest control technician with Hometeam Pest Defense, Inc., appeals the trial court's nonfinal order granting Hometeam's motion for temporary injunction. We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(B). We
- 2 -
reverse and remand for the trial court to enter an order consistent with the requirements of Florida Rule of Civil Procedure 1.610.
Background... More...
   $0 (11-20-2017 - FL)

Garden Oaks Maintenance Organization v. Peter S. Chang and Katherine M. Chang Harris County Courthouse - Houston, Texas

This case involves the attempted enforcement of a deed restriction against building more than a single one-car or two-car garage on a property located in the Garden Oaks, Section 3, Subdivision (the “Subdivision”). Appellant Garden Oaks Maintenance Organization (“GOMO”) filed suit against appellees Peter S. Chang and Katherine M. Chang seeking a permanent injunction to have the Changs remove
2... More...
   $0 (11-15-2017 - TX)

McMillin Management Services, LP v. Financial Pacific Insurance Company

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of part III.C.

McMillin Management Services, L.P. and Imperial Valley Residential Valley
Residential Builders, L.P. (collectively "McMillin")1 filed this action against numerous
insurance companies, including respondents Lexington Insurance Company (Lexington)
... More...
   $0 (11-15-2017 - CA)

Camden-Clark Memorial Hospital Corporation v. Tuan Nguyen, M.D. Supreme Court of Appeals - Charleston, West Virginia

Respondent Dr. Tuan Nguyen (“Physician”) filed a third-party complaint
against Petitioner Camden-Clark Memorial Hospital Corporation (the “Hospital”) and
alleged it discriminated and retaliated against him for reporting patient safety concerns;
he alleged violations of the West Virginia Patient Safety Act (the “Act”),1 retaliatory
discharge, and intentional infliction of emotional ... More...
   $0 (11-13-2017 - WV)

Jason Cannon v. Bodensteiner Implement Company, et al. Iowa Supreme Court

An independent contractor providing liquid manure disposal
services purchased a used Case IH tractor from a John Deere implement
dealer. When the tractor proved to be a “lemon,” the contractor brought
claims against multiple parties, including the implement dealer. The
trial court granted all of the defendants’ motions for summary judgment.
The contractor appealed and we transf... More...
   $0 (11-08-2017 - IA)

The Traveler's Property Casualty Company of America v. Actavis, Inc.

The United States faces an epidemic of addiction, overdosing, death, and
other problems brought on by the increasing use and abuse of opioid painkillers. This
epidemic has placed a financial strain on state and local governments dealing with the
epidemic’s health and safety consequences. To seek redress for the opioid epidemic, the
County of Santa Clara and the County of Orange bro... More...
   $0 (11-07-2017 - CA)

Saefaldin Rahmati and Abdul Saeed Assadi Rahmati v. AJBJK, L.L.P. Fort Bend County Courthouse - Richmond, Texas

Appellants, Saefaldin Rahmati and Abdul Saeed Assadi Rahmati (collectively, “the Rahmatis”), challenge the trial court’s judgment, rendered after a trial to the court, in favor of appellee, AJBJK, L.L.P., in its suit against them for a
2
declaratory judgment, a permanent injunction, and damages. In three issues, the Rahmatis contend that the evidence supporting the trial court’s declarator... More...
   $0 (11-06-2017 - )

Steve Jameson v. Pacific Gas and Electric Company

Steve Jameson sued pacific Gas and Electric Company (PG&E) for wrongful
termination and breach of the covenant of good faith and fair dealing. He alleged PG&E
fired him in violation of an implied-in-fact employment contract not to terminate his
employment without good cause. PG&E moved for summary judgment on the grounds
that Jameson was an at-will employee and, alternatively, that... More...
   $0 (11-02-2017 - CA)

Maxine Stewart as Personal Representative, etc. v. The Superior Court of San Bernardino County, St Joseph's Health, Real Party in Interest

The petition in this case challenges a trial court order summarily adjudicating a
cause of action under the Elder Abuse and Dependent Adult Civil Protection Act (the
Act), a cause of action for fraud by concealment, and another for medical battery, while
allowing other claims, including one for medical negligence, to proceed to trial. Stewart
is the representative of Anthony Carter... More...
   $0 (10-16-2017 - CA)

Sargon Enterprises, Inc. v. Browne George Ross, LLP

Respondent Browne George Ross LLP (BGR) represented
appellant Sargon Enterprises Inc. (Sargon) in long-running
litigation against the University of Southern California (USC).
After that litigation concluded, Sargon filed the present legal
malpractice action against BGR. BGR petitioned to compel
arbitration, and the superior court granted the petition and
ordered the parties... More...
   $0 (09-27-2017 - CA)

David Hovannisian v. First American Title Insurance Company

David and Linda Hovannisian purchased property from Wells Fargo Bank (Wells
Fargo) at a foreclosure sale. Several months later they discovered there was a first
priority deed of trust on the property that had not been extinguished by the foreclosure.
The Hovannisians sued Wells Fargo for intentional and negligent misrepresentation based
2.
on a statement in Wells Fargo‟s... More...
   $0 (09-17-2017 - CA)

Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians

In this case, we reverse a judgment related to contractual claims that are
preempted by the Indian Gaming Regulatory Act (IGRA).
Defendant Shingle Springs Band of Miwok Indians (the Tribe) appeals from a
judgment after trial in favor of plaintiff Sharp Image Gaming, Inc. (Sharp Image), in
plaintiff’s breach of contract action stemming from a deal to develop a casino on the
Trib... More...
   $0 (09-16-2017 - CA)

Plute Home Corporation v. American Safety Indemnity Company

In this insurance defense dispute, defendant and appellant American Safety
Indemnity Company (American Safety or ASIC) challenges a judgment after court trial
that awarded over $1.4 million in compensatory and punitive damages to plaintiff and
2
respondent Pulte Home Corporation (Pulte), who was the general contractor and
developer of two residential projects in the San Marcos... More...
   $0 (09-09-2017 - CA)

Orlando Nakai v. Friendship House Association of American Indians, Inc.

For over 20 years, plaintiff Orlando Nakai (Orlando1) was employed by Friendship
House Association of American Indians, Inc. (Friendship House), a drug and alcohol
rehabilitation program providing treatment services to Native Americans. His
employment was terminated by the program’s CEO, who also happened to be his motherin-law,
after his wife informed the CEO that Orlando had a gu... More...
   $0 (09-06-2017 - CA)

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