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Demurrer Law
 
Joshua P. Pagnini v. Union Bank, N.A.

After plaintiff and appellant Joshua P. Pagnini (appellant) failed to respond to a
demurrer filed by defendants and respondents Union Bank, N.A. and Unionbancal
Mortgage Corporation (respondents), the trial court sustained the demurrer and entered
judgment in favor of respondents. Appellant appeals from the court’s denial of his
motion for relief under Code of Civil Procedure secti... More...
   $0 (10-18-2018 - CA)

Manny Villanueva v. Fidelity National Title Company

In their first appeal (case No. H041870), both plaintiff Manny Villanueva,
individually and as class representative, and defendant Fidelity National Title Company
(Fidelity) appeal from a judgment following a bench trial in this class action lawsuit
alleging violations of the Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200
et seq.). Villanueva and the class (jointly Plain... More...
   $0 (10-15-2018 - CA)

Glovis America, Inc. v. County of Ventura

When a lease of federal lands includes an option to
extend its term and the tax assessor reasonably concludes that
the option will likely be exercised, the value of the leasehold
interest is properly based on the extended term. In this case,
Glovis America, Inc.,1 appeals from the judgment of dismissal
entered after the trial court sustained without leave to amend the
Count... More...
   $0 (10-13-2018 - CA)

Oscar Ruiz v. Musclewood Investment Properties, LLC

Plaintiff Oscar Ruiz is a disabled person who uses a guide
dog. He alleged that defendants Edward Lopez and Musclewood
Investment Properties, LLC (Musclewood)1 violated his rights
under the Disabled Persons Act (Civ. Code, § 54 et seq.) (DPA),
2
by allowing their guard dog to interfere with and attack his guide
dog. Plaintiff contends the trial court erred by sustaining aMore...
   $0 (10-08-2018 - CA)

Oscar Ruiz v. Musclewood Investment Properties, LLC

Plaintiff Oscar Ruiz is a disabled person who uses a guide
dog. He alleged that defendants Edward Lopez and Musclewood
Investment Properties, LLC (Musclewood)1 violated his rights
under the Disabled Persons Act (Civ. Code, § 54 et seq.) (DPA),
2
by allowing their guard dog to interfere with and attack his guide
dog. Plaintiff contends the trial court erred by sustaining aMore...
   $0 (10-06-2018 - CA)

Manny Villanueva v. Fidelity National Title Company

In their first appeal (case No. H041870), both plaintiff Manny Villanueva,
individually and as class representative, and defendant Fidelity National Title Company
(Fidelity) appeal from a judgment following a bench trial in this class action lawsuit
alleging violations of the Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200
et seq.). Villanueva and the class (jointly Plain... More...
   $0 (10-03-2018 - CA)

The Inland Oversight Committee v. City of San Bernardino, First American Title Insurance Company




This matter relates to a proposed development in the Highland Hills area of the
City of San Bernardino that has been pending in various permutations for decades.
Plaintiffs and appellants The Inland Oversight Committee (IOC), CREED-21, and
Highland Hills Homeowners Associatio... More...
   $0 (09-28-2018 - CA)

Robert Findleton v. Coyote Valley Band of Pomo Indians

This is our third appeal concerning contractor Robert Findleton’s attempts to
enforce arbitration clauses in agreements he entered into with the Coyote Valley Band of
Pomo Indians (the Tribe), which failed to pay him for work he performed for the Tribe.
In the first appeal, we held the Tribe had waived its sovereign immunity for purposes of
arbitrating the contract disputes and tha... More...
   $0 (09-26-2018 - CA)

State of Oklahoma v. Danny L. Roach





Oklahoma City, OK - The State of Oklahoma charged Danny L. Roach, Reginald LaDay Moore and April M. Harden with:

Count # 1. Count as Filed: PCRG, ACCESORY TO A FELONY, TO -WIT: MURDER IN THE FIRST DEGREE, in violation of 21 O.S. 1-375
Date of Offense: 10... More...
   $0 (09-25-2018 - OK)

Amy Arlene Turner v. Seterus, Inc.

In this wrongful foreclosure case, plaintiffs Amy Arlene Turner and Joseph Zeleny
sought damages from defendant Seterus, Inc. (Seterus) on the theory that Seterus had
“frustrated [their] lawful attempt, pursuant to [Civil] Code [section] 2924c, to cure their
default more than five days prior to the noticed foreclosure sale.” The trial court
sustained Seterus’s demurrer to their thi... More...
   $0 (09-25-2018 - CA)

State of Oklahoma v. Donald Ray Cowans, a/k/a Donald R. Cowens MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 624 South Denver 918-398-5678 or Pat@morelaw.com

Tulsa, OK - The State of Oklahoma charged Donald Ray Cowans, a/k/a Donald R. Cowens with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 01/16/2017
Party Name Disposition Information
COWANS, DONALD RAY
Count # 2. Count as Filed: ABDGR, ASSAULT WITH A DANGEROUS WEAPON, in violation of 21 O.S. 645
Date of Off... More...
   $0 (09-21-2018 - OK)

Melody Chacker v. JPMorgan Chase Bank. N.A.

Pursuant to California Rules of Court, rules 8.1105(b) and
8.1110, this opinion is certified for publication with the exception
of Parts II.A–II.B and Part II.D.

Plaintiff and appellant Melody Chacker (plaintiff)
refinanced a loan on her home and then failed to make required
loan payments, which triggered non-judicial foreclosure
proceedings. Plaintiff sued to stop the... More...
   $0 (09-19-2018 - CA)

Harley-Davidson, Inc. v. Franchise Tax Board

Plaintiff Harley Davidson and its subsidiaries (Harley-Davidson) form a multistate
enterprise with numerous functionally integrated subsidiary corporations. It contends
that defendant California Franchise Tax Board's (Board) tax scheme violates the
commerce clause of the federal Constitution (U.S. Const., art. I, § 8, cl. 3), claiming that
it burdens interstate enterprises by provi... More...
   $0 (09-18-2018 - CA)

State of Oklahoma v. Devin Warren Sizemore

McAlester, OK - Jury Convicts Father of Murder for Drowning Daughter in Baptism

The State of Oklahoma charged Devin Warren Sizemore, age 23, with:

1. MURDER IN THE FIRST DEGREE - 21 O.S. 701.1

2. BATTERY/ASSAULT & BATTERY ON POLICE OFFICER

The State charged by Defendant drowned his 2-year-old daughter Emily in a pond in Choctaw Park in Krebs, Oklahoma on ... More...
   $0 (09-15-2018 - OK)

Harmun Takhar v. The People ex rel. Feather River Air Quality Management District

This appeal challenges the trial court’s denial of a special motion to strike
pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute,1 directed at a
cross-complaint asserting causes of action arising from a civil enforcement action
brought by Feather River Air Quality Management District against Harmun Takhar for
multiple violations of state and local air pollut... More...
   $0 (09-13-2018 - CA)

William Brady v. Bayer Corporation

In 1925, Merck Pharmaceuticals sent a letter to Morris Fishbein, chairman
of the Journal of the American Medical Association. The letter said, “We have been
recently startled by the unexplainable demand on the part of our customers for Sodium
Borate C. P. Powder. From our representatives, we have learned that a Dr. Brinkley, of
Milford, Kansas, has broadcast recommendations for the... More...
   $0 (09-08-2018 - )

Novelette Mack v. All Counties Trustee Services, Inc.

Novelette Mack acquired property located at 4601 West
Slauson Avenue in 2004. Through a series of transactions that
Mack contends were fraudulent and a series of lawsuits Mack
contends resulted in void judgments, the title to the property no
longer rests with Mack.
This appeal is from a December 22, 2016 order denying a
motion to vacate an earlier judgment under Code of Civ... More...
   $0 (09-03-2018 - CA)

State of Oklahoma v. Gary DeWayne Boggs MoreLaw Suites Legal Suites and Virtual Offices In Downtown Tulsa 406 South Boulder 918-582-3993 or Info@morelaw.com

Tulsa, OK - The State of Oklahoma charged Gary DeWayne Boggs, age 55, with:

Count # 1. Count as Filed: HM12, MURDER - SECOND DEGREE, in violation of 21 O.S. 701.8
Date of Offense: 08/27/2016
Party Name Disposition Information
BOGGS, GARY DEWAYNE
Count # 2. Count as Filed: OWPN, RECKLESS CONDUCT WITH FIREARM, in violation of 21 O.S. 1289.11
Date of Offense: 08/27... More...
   $0 (08-31-2018 - OK)

Roberto Martinez v. Landry's Restaurants, Inc.

Roberto Martinez, Lisa Saldana, Craig Eriksen and Chanel
Rankin-Stephens (collectively Martinez parties) sued Crab
Addison, Inc., Ignite Restaurant Group, Inc. (formerly known as
Joe’s Crab Shack Holdings, Inc.) and Landry’s Restaurants, Inc.
on behalf of a putative class of salaried employees of Joe’s Crab
Shack restaurants in California who were allegedly misclassified
as... More...
   $0 (08-30-2018 - CA)

Citizens For Fair REU Rates v. City of Redding

Article XIII C of the California Constitution1 prohibits local governments
from imposing, increasing, or extending any tax without voter approval. Excepted
from the definition of tax is any charge imposed for a service or product that does
not exceed the reasonable costs of providing it.
The City of Redding operates an electric utility as a department of its city
government. Ea... More...
   $0 (08-28-2018 - CA)

Christina Cortese v. John M. Sherwood

We focus on the allegations relevant to the issue on appeal. Cortese is the
biological daughter of Francesca, and the stepdaughter of Robert, both of whom are
deceased. Over the course of Francesca’s and Robert’s 23-year marriage, they “acquired
an enormous amount of wealth.” Sherwood “attended to all of their legal matters under
Robert’s direction. As their estate planning attorne... More...
   $0 (08-22-2018 - CA)

Ron Hacker as Trustee, etc. v. Homeward Residential, Inc.

Ron Hacker (Hacker), as successor trustee to the 1713
Stearns LaVerne Family Trust (Stearns), sued Homeward
Residential, Inc., (Homeward) formerly known as American
Home Mortgage Servicing, Inc. (AHMSI); Sand Canyon
Corporation, formerly known as Option One Mortgage
Corporation (Sand Canyon); Western Progressive, LLC (Western
Progressive); Deutsche Bank National Trust Compa... More...
   $0 (08-20-2018 - CA)

Eduardo De La Torre v. Cashcall, Inc.


Under California law, can a loan contract include an interest rate term so
high that it is “unreasonably and unexpectedly harsh,” “unduly oppressive,” or “so
one-sided as to shock the conscience”? (Sanchez v. Valencia Holding Co.,
LLC (2015) 61 Cal.4th 899, 910–911 (Sanchez).) What the Ninth Circuit asks us
to resolve in this case is a more specific version of that question: C... More...
   $0 (08-17-2018 - CA)

Shameka Winslett v. 1811 27th Avenue, LLC

Shameka Winslett filed a complaint asserting various claims against her former
landlord Yugal Sagi and his LLC after he failed to make repairs to her apartment and filed
an unlawful detainer action against her. Sagi responded by filing an anti-SLAPP motion to
strike three of these claims, for retaliation and retaliatory eviction under Civil Code section
1942.5,1
former subdivis... More...
   $0 (08-15-2018 - )

Property California SCJLW One Corporation v. Kris Leamy

Defendants Robin and Kris Leamy appeal from a final judgment entered in favor
of plaintiff Property California SCJLW One Corporation. The judgment was entered
based on an order granting plaintiff’s motion for summary judgment regarding a
settlement agreement (Agreement) involving attorney fees that contained a standard
general release. Defendants contend summary judgment was improp... More...
   $0 (08-12-2018 - CA)

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