Civil procedure

Thelma Agnes Smith v. David Phillip Riley, Statement of facts. The plaintiff and defendant cohabited together for numerous years without entering into marriage or civil union. Although, there was a romantic relationship. Unfortunately, the relationship has soured resulting in the need to liquidate assets that were acquired within joint ownership. The plaintiff and defendant had both agreed previously to how the assets would be divided, this agreement was not followed therefore litigation…

PLANTIFF JULIA LEE’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT GRAND OCEAN RESORT DEFINITIONS AND INSTRUCTIONS 1. As used in these requests, the following terms are to be interpreted in accordance with these definitions: a. The term "person" includes any individual, joint stock company, unincorporated association or society, municipal or other corporation, state, which agencies or political subdivisions, and court, or any other governmental entity. b. The terms "you" or "your"…

Arguments & Authorities The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. In deciding whether there is a disputed fact issue precluding summary judgment, evidence favorable to the non-movant will be taken as true. Every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in its favor. Nixon v. Mr. Property Management Co., 690 S.W.2d 546 (Tex. 1985)…

The title of the case is Short from Order. The case involves a tort case. It was decided in Supreme Court of the State of New York, and entered in November 16, 2017. Marie C. Almonor who is plaintiff brings the action against defendants Penske Truck Leasing and Santos Dlaz-Roman who the action are brought. The case talked about a motor vehicle accident happened in New York State. The plaintiff who claimed that she suffered serious and permanent injuries from the accident brought a lawsuit to the…

Personal Jurisdiction is established when a manufacture that is a non-resident of the forum state has sufficient minimum contacts with the forum state in which the manufacturer purposefully avails itself, that maintenance does not offend “traditional notions of fair play and substantial justice.” Intl. Shoe v. Washington, 326 U.S. 310 (1945), Minimum contacts requires the Respondent to have “purposefully availailed itself of the privilege of conducting activities within the forum State.” Hanson…

In this particular case, Bradley Smith sued Del Lago Partners, Inc. and Del Lago Partners, L.P., for the injuries he sustained when a fight broke out among customers at the Grandstand Bar, which is part of the respondents’ resort. Smith obtained both a skull fracture and brain damage. He sued De Lago on the premises-liability platform. After nine days of hotly disputed evidence, I would say both Smith and De Lago won on a 49-51 percent liability apportionment. Reducing Smith’s damages by the…

Ms. Bordenkecher’s reliance upon materials outside the pleadings to argue that Plaintiffs’ claims are unsustainable demonstrate that Defendant seeks summary judgment from this Court, despite its claim to the contrary. Under the Maryland rules, when a defendant files a motion to dismiss for failure to state a claim, and matters outside the pleadings are presented to and considered by the court, “the motion shall be treated as one for summary judgment and disposed of as provided in Rule 2-501.” MD…

Three days after mailing the distribution checks, the belligerent beneficiary delivered one last gripe. Furthermore, the belligerent beneficiary delivered the gripe to my attorney. While still on instruction to refuse direct contact from beneficiaries, the attorney referred the gripe to me. The attorney informed me by email that the belligerent beneficiary had the following complaints: 1) The beneficiary didn’t understand why the distribution happened early: that distributing early was against…

The plaintiffs, mother and little baby girl, claim for false detainment by the defendants in their jewellery shop in downtown Victoria on July 4, 1992. The defendants deny the asserted detainment, guaranteeing that they told the plaintiff Joanne Jeeves she was allowed to leave the business premises. The defendants counterclaim against the plaintiff Joanne Jeeves for defamation emerging out of a record of the occurrence given by her to the daily paper correspondents and which showed up in a…

or not, the case is to be reported as disposed by Trial-Jury even if the parties reach a compromise or settlement. 9. Other Any case disposed in a manner not specifically described in one of the other categories. Multiple Party Dispositions: If a civil case involves multiple parties, only report one disposition for the case. Once judgments have been reached for all parties, the case should be disposed. The highest level manner of disposition should be used in the disposition, using the order of…