6 results for 'judge:"Gomez"'.
J. Gomez finds that language in the settlement agreement between the decedent and his former girlfriend did not waive the girlfriend's interest in the funds of a "payable on death" bank account for which she was the named beneficiary. The agreement waived her rights only to bring claims regarding "past financial dealings," while her interest in the account stems only from her being named the beneficiary. Therefore, because the decedent did not remove the former girlfriend as beneficiary, she - not the estate - is entitled to the funds. Reversed.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: April 25, 2024, Case #: 2024COA44, Categories: Civil Procedure, Settlements, Wills / Probate
J. Gomez finds that if an attorney includes their email address in a court filing, opposing parties may use the address to serve the attorney in subsequent filings and, therefore, the cannabis company owners' motion to vacate an arbitration award was timely served. Meanwhile, the lower court erroneously granted the business partner's motion to vacate the arbitration award on the grounds of impartial bias because the arbitrator's conduct - including asking clarification questions to witnesses and interrupting to focus discussion and shorten several hearings - was within the scope of his authority and did not affect the ultimate ruling. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: April 18, 2024, Case #: 2024COA39, Categories: Arbitration, Civil Procedure
J. Gomez finds the lower court properly refused to dismiss a malicious prosecution claim. While summary judgment and directed verdict motions from previous lawsuits may be used by a trial court to determine the validity of a subsequent malicious prosecution case, the denial of such motions against the plaintiff in the malicious prosecution case do not deprive that plaintiff of probable cause. Summary judgment motions could be denied for any number of reasons, while directed verdicts require application of the strictest standards, neither of which precludes a party from bringing a malicious prosecution claim in the wake of adversarial decisions in a previous case. Affirmed.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: February 15, 2024, Case #: 2024COA17, Categories: Civil Procedure, Malicious Prosecution, Negligence
J. Gomez finds the former estate administrator's appeal must be dismissed for lack of jurisdiction because he failed to file the appeal within the state's 49-day appeal deadline. Although he requested an extension of the deadline to file post-trial motions, such a request does not toll the deadline for appeals of a magistrate's decision, which rendered the appeal late by more than two months.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: January 4, 2024, Case #: 2024COA3, Categories: Civil Procedure, Wills / Probate, Jurisdiction
J. Gomez finds that while misdemeanor convictions involving domestic violence are typically excluded from being sealed under Colorado law, the lower court erroneously failed to conduct a full analysis of defendant's request because under some circumstances, such convictions can be sealed. Therefore, the case will be remanded to allow the court to determine whether the passage of time since the offense, defendant's threat to the general public, and the need for public disclosure of the record supports a denial of the motion. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: September 28, 2023, Case #: 2023COA86, Categories: Criminal Procedure, Assault, Domestic Violence
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J. Gomez finds that the trial court properly denied attorney fees to a lessee that prevailed in stopping the condemnation of property it leases. Property owners are entitled to fee and cost recovery, not lessees. On remand, the trial court must make explicit findings before denying the lessee's other request for attorney fees that was based on its claim that the condemnation action was frivolous, groundless or vexatious. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: July 13, 2023, Case #: 22CA0680, Categories: Property, Attorney Fees