Justia Civil Procedure Opinion Summaries

Interfaith Sanctuary Housing Services, Inc. (IFS) applied for a conditional use permit (CUP) to operate a large-scale low-barrier shelter home in Northwest Boise. The Planning and Zoning Commission (PZC) initially denied the application, citing concerns about compatibility with the neighborhood, undue burden on public facilities, adverse effects on nearby properties, and insufficient information on mitigating adverse impacts. IFS appealed to the Boise City Council, which reversed the PZC’s decision and granted the CUP, imposing 30 conditions of approval. The Veterans Park Neighborhood Association, Inc. (VPNA) sought reconsideration, which was denied, and then petitioned the district court for judicial review.The district court upheld the City Council’s decision, finding no error in the Council’s actions. VPNA appealed to the Idaho Supreme Court, arguing that the City Council’s decision was arbitrary and capricious, based on unlawful procedure, and that the Council’s reasoned statement was inadequate under the Local Land Use Planning Act (LLUPA).The Idaho Supreme Court found that the City Council’s decision was arbitrary and capricious and based on unlawful procedure because the PZC’s determination that the CUP could not be conditioned into compliance with the CUP criteria was not an error. The Court also found that the City Council’s reasoned statement was conclusory and failed to adequately resolve pertinent factual disputes, thus violating LLUPA and depriving VPNA of due process. The Court concluded that VPNA demonstrated a prejudice to its substantial rights.The Idaho Supreme Court reversed the district court’s decision and remanded the case with instructions to invalidate the City Council’s approval of the CUP. VPNA was awarded costs but not attorney fees on appeal. View "Veterans Park Neighborhood Association, Inc. v. City of Boise" on Justia Law

Plaintiff Brian L. Sheehy, as trustee, sued Chicago Title Insurance Company over a dispute involving an easement on his property. Plaintiff designated an attorney, who had previously represented the defendant, as an expert witness to testify about the defendant's handling of the claim. The defendant filed a motion in limine to exclude this expert, arguing that the State Bar Rules of Professional Conduct prohibited the attorney from testifying adversely to the defendant. The trial court granted the motion to exclude the expert.Plaintiff then filed a petition for a writ of mandate with the Court of Appeal, which was summarily denied. Concurrently, plaintiff appealed the trial court's ruling, citing Brand v. 20th Century Insurance Company/21st Century Insurance Company (2004) for the proposition that the order was appealable. The Court of Appeal stayed the preparation of the record, considered dismissing the appeal, and requested briefing from the parties. A hearing was subsequently held.The California Court of Appeal, Fourth Appellate District, Division Three, dismissed the appeal. The court held that it only has jurisdiction over direct appeals from appealable orders or judgments. The court emphasized that, in ordinary civil cases, appeals are generally only permitted from final judgments to prevent piecemeal disposition and multiple appeals. The court distinguished between orders on motions to disqualify counsel, which are appealable, and orders on motions in limine, which are not. The court disagreed with the precedent set in Brand, concluding that orders on motions in limine are not appealable as they are not final collateral orders or injunctions. The court decided that such orders should be reviewed only by writ petition or by appeal from the final judgment. View "Sheehy v. Chicago Title Insurance Co." on Justia Law

Phillip and Jodi Peterson hired Brandon Coverdell Construction, Inc. (BCC) to perform work on their home following a hailstorm. The Petersons were dissatisfied with the quality of BCC's work, while BCC was unhappy with the Petersons' partial payment. Both parties accused each other of breaching their written agreement and filed lawsuits in the county court. The county court ruled in favor of BCC, finding that the Petersons committed the first material breach.The Petersons appealed to the District Court for Douglas County but failed to file a statement of errors. They obtained a continuance to amend the bill of exceptions in the county court. The district court eventually found that the county court had committed plain error by entering judgment in favor of BCC, concluding that the written agreement was an unenforceable illusory contract. BCC then appealed to the Nebraska Supreme Court.The Nebraska Supreme Court reviewed the case and found that the district court erred in considering the supplemental bill of exceptions, which was not properly part of the record. The Supreme Court also determined that the county court did not commit plain error. The county court's decision to focus on the issues presented by the parties, rather than the enforceability of the contract, did not result in damage to the integrity, reputation, or fairness of the judicial process. Consequently, the Nebraska Supreme Court reversed the district court's order and remanded the case with directions to affirm the county court's judgment. View "Peterson v. Brandon Coverdell Constr." on Justia Law

The Town of Apple Valley (TAV) sought to condemn a private water utility system via eminent domain. In November 2015, TAV passed two resolutions of necessity (RON) to acquire the water system, which was owned by Carlyle Infrastructures Partners and operated by Apple Valley Ranchos Water (AVR). In January 2016, TAV filed an eminent domain action to acquire the system. A day later, Carlyle sold the system to Liberty Utilities. After extensive proceedings, including a 67-day bench trial, the trial court found that TAV did not have the right to acquire the system and entered judgment and awarded attorney’s fees to Liberty. TAV appealed.The Superior Court of San Bernardino County ruled that Liberty bore the burden of proving by a preponderance of the evidence that at least one of the required elements for eminent domain was not satisfied. The court also ruled that Liberty need not submit the administrative record (AR) underlying TAV’s RONs. The trial court held a bench trial and issued a Statement of Decision (SOD) finding that Liberty met its burden, rejecting TAV’s evidence and relying on Liberty’s post-RON evidence. TAV’s objections to the SOD were overruled, and the court entered judgment for Liberty and awarded attorney’s fees.The California Court of Appeal, Fourth Appellate District, Division Two, reversed the trial court’s decision. The appellate court held that the trial court applied the wrong standard of proof and failed to give appropriate deference to TAV’s decision and findings. The trial court also improperly based its decision on post-RON facts and events. The appellate court remanded the matter for further proceedings consistent with its opinion, directing the trial court to determine whether to allow TAV to take the water system, remand the matter to TAV for further administrative proceedings, or hold a new trial applying the correct burdens of proof and standard of review. View "Town of Apple Valley v. Apple Valley Ranchose Water" on Justia Law

The case involves a dispute over two adjacent properties, each containing a multi-unit apartment complex with on-site parking. The plaintiffs, Eli and Maha Batta, sought to establish easement rights for additional parking and trash dumpsters on a disputed area of the adjacent property owned by the defendant, Therese Hunt. The Battas purchased their property from Hunt in 1994 and claimed that their tenants had used the disputed area for parking and dumpsters since then.The Superior Court of Los Angeles County conducted a bench trial and ruled in favor of the Battas, finding they had established easement rights by oral grant, prescription, and implication. The court granted the easement but ordered it to expire upon a bona fide sale of either property. Both parties appealed the decision. Hunt argued that the trial court erred in granting the easement on procedural and evidentiary grounds, while the Battas contended that the court abused its discretion by ruling that the easement would expire upon a sale.The California Court of Appeal, Second Appellate District, reviewed the case and found that the trial court's findings were inconsistent and irreconcilable. The trial court had found both that Hunt had granted an easement and that the Battas' use of the property was without permission, which are contradictory. The appellate court concluded that these inconsistent findings required reversal. Additionally, the appellate court found that the trial court abused its discretion by allowing the Battas to amend their complaint to add a cause of action for an easement by implication without giving Hunt the opportunity to rebut the evidence.The Court of Appeal reversed the judgment and remanded the case for further proceedings consistent with its opinion. View "Batta v. Hunt" on Justia Law

Condominium owners Gregory and Kathleen Haidet filed a lawsuit against their homeowners association (HOA), Del Mar Woods Homeowners Association, alleging that their upstairs neighbors' improperly installed floors constituted a nuisance. The HOA demurred to the Haidets' initial complaint, and the trial court sustained the demurrer, dismissing one cause of action without leave to amend and two with leave to amend. The Haidets chose not to amend their claims against the HOA and instead filed an amended complaint naming only other defendants. Subsequently, the Haidets filed a motion to dismiss the HOA without prejudice, while the HOA filed a motion to dismiss with prejudice. The trial court granted the HOA's request for dismissal with prejudice and awarded the HOA attorney fees.The trial court found that the Haidets' breach of contract claim failed because the governing documents did not require HOA consent for installing hardwood flooring. Additionally, the claims were time-barred as the Haidets had notice of their claims starting in 2016 but did not file until 2022. The court also found that the HOA had no fiduciary duty regarding the structural violation of the governing documents and that the business judgment rule applied to the HOA's decisions. The court dismissed the breach of fiduciary duty claim without leave to amend.The California Court of Appeal, Fourth Appellate District, Division One, reviewed the case. The court held that the trial court was permitted to dismiss the HOA with prejudice under Code of Civil Procedure section 581, subdivision (f)(2), as the Haidets failed to amend their claims against the HOA within the allowed time. The court also found no abuse of discretion in the trial court's determination that the HOA was the prevailing party for purposes of Civil Code section 5975 and its award of $48,229.08 in attorney fees. The judgment was affirmed. View "Haidet v. Del Mar Woods Homeowners Assn." on Justia Law

Donald Fleming filed a lawsuit against Caribou Creek Log Homes, Inc. and North Idaho Insulation, LLC, alleging that spray foam insulation installed by North Idaho Insulation caused significant structural damage to his residence in Montana. Fleming's claims included negligence, violations of residential construction defect statutes, the Montana Consumer Protection Act, and breach of warranties. North Idaho Insulation then filed a third-party complaint against Southwest Distributing Co. (Southwest), alleging that Southwest manufactured and sold the defective spray foam insulation and seeking indemnification and contribution.The Montana Nineteenth Judicial District Court denied Southwest's motion to dismiss for lack of personal jurisdiction, concluding that it had specific personal jurisdiction over Southwest under Montana Rule of Civil Procedure 4(b)(1). Southwest then petitioned the Montana Supreme Court for a writ of supervisory control, arguing that the District Court erred in its jurisdictional ruling.The Montana Supreme Court reviewed the case and determined that the District Court erred in concluding it had specific personal jurisdiction over Southwest. The Supreme Court found that Southwest did not transact business in Montana related to the claims and that the claims did not arise from Southwest's activities in Montana. Additionally, the Court held that the stream-of-commerce theory did not apply, as Southwest did not purposefully direct its activities toward Montana. Consequently, the Supreme Court granted the petition for a writ of supervisory control, reversed the District Court's order, and remanded the case for further proceedings consistent with its opinion. View "Southwest v. 19th Judicial Dist." on Justia Law

The plaintiff filed a complaint in the Land Court regarding a property in Duxbury, claiming ownership following a foreclosure sale. The defendants, who had executed a mortgage in favor of the plaintiff's predecessor, refused to vacate the property. The Land Court judge ruled in favor of the plaintiff, declaring them the lawful owner. The defendants appealed this decision.Subsequently, the plaintiff filed a summary process complaint in the Housing Court to gain possession of the property and requested use and occupancy payments from the defendants during the litigation. The Housing Court judge granted this request but stayed the proceedings pending the appeal of the Land Court judgment. The defendants sought interlocutory relief from a single justice of the Appeals Court, who vacated the Housing Court's order, stating that the Housing Court judge had not determined ownership.The plaintiff renewed their motion in the Housing Court, which was again granted, with the judge explicitly relying on the Land Court's judgment under the doctrine of res judicata. The defendants again sought relief from the single justice, who vacated the order, arguing that the Housing Court judge's reliance on the appealed Land Court judgment was improper. The plaintiff was granted leave to appeal to a full panel of the Appeals Court, and the Supreme Judicial Court transferred the case on its own motion.The Supreme Judicial Court held that a judge hearing a summary process action for possession may rely on a final judgment of the Land Court regarding ownership, even if an appeal is pending. The court confirmed that the Land Court's judgment had preclusive effect, allowing the Housing Court judge to order interim use and occupancy payments. The order of the single justice was reversed, and the defendants' petition for relief was denied. View "TJR Services LLC v. Hutchinson" on Justia Law

In 2020, Bryce D. Hovannisian and Lindsay E. Hovannisian purchased several tax-defaulted properties at a tax sale from the City of Fresno. Prior to the sale, the City had recorded special assessments for nuisance abatement costs and unpaid penalties against these properties. After the purchase, the County of Fresno issued tax bills to the appellants, which included these special assessments. The appellants sought to pay only the portion of the tax bills excluding the special assessments, arguing that the tax sale should have removed these liens. The County rejected their partial payments, leading the appellants to sue the City and the County to quiet title to the properties.The Superior Court of Fresno County sustained three separate demurrers filed by the City and the County, asserting that Revenue and Taxation Code section 4807 barred the suit as it impeded tax collection. The court granted leave to amend after the first two demurrers but denied it after the third. The court found that the appellants were required to pay the taxes and then seek a refund, rather than challenging the assessments prepayment.The California Court of Appeal, Fifth Appellate District, reviewed the case and affirmed the trial court's ruling. The appellate court held that the special assessments were collected at the same time and in the same manner as county taxes, thus falling under the definition of "taxes" in section 4801. Consequently, section 4807 barred the appellants' prepayment suit. The court also found that the appellants had an adequate remedy at law through a refund action, which precluded them from seeking equitable relief. The judgment of the lower court was affirmed, and the appellants were directed to pay the taxes and seek a refund if necessary. View "Hovannisian v. City of Fresno" on Justia Law

Eric Woolard and Breonna Hall, residents of Greenhouse Condominiums, were involved in a physical altercation with their neighbors, Eric Smith and Stacy Thorne, in December 2019. Smith and Thorne sued Woolard, Hall, and Regent Real Estate Services, Inc. (Regent), the management company, for negligence and other claims. Woolard and Hall filed a cross-complaint against Regent and Greenhouse Community Association (Greenhouse), alleging negligence and other claims, asserting that Regent and Greenhouse failed to address ongoing harassment by neighbors, which led to the altercation.The Superior Court of Orange County granted summary judgment in favor of Regent and Greenhouse, finding no duty of care owed by them to intervene in the neighbor dispute or prevent the altercation. Woolard and Hall's motions to disqualify the trial judge were denied, and they did not seek writ review of these rulings.The Court of Appeal of the State of California, Fourth Appellate District, Division Three, reviewed the case. The court affirmed the summary judgment, agreeing that Regent and Greenhouse had no duty to intervene in the neighbor dispute or prevent the altercation. The court found that Woolard and Hall failed to establish a legal duty of care breached by Regent and Greenhouse. Additionally, the court noted that claims of housing discrimination were not supported by evidence and were not properly raised as a separate cause of action. The court also held that the disqualification motions were not reviewable on appeal. The judgment in favor of Regent and Greenhouse was affirmed, and they were entitled to their costs on appeal. View "Woolard v. Regent Real Estate Services" on Justia Law