26 results for 'judge:"Boulware"'.
J. Boulware grants a bank's post-remand motion for summary judgment. After borrowing more than $340,000 to purchase a home, the borrower stopped paying federal taxes, accruing $250,000 in income tax liability, plus interest. She then fell behind on her HOA payments and the HOA held a foreclosure sale on the property. The deed of trust was assigned to the bank, and the trust sought declaratory judgment that the property is not encumbered by the deed of trust. The deed of trust was recorded four years prior to the foreclosure sale. Despite this notice, the trust failed to inquire as to whether the title would be encumbered following that foreclosure sale.
Court: USDC Nevada, Judge: Boulware , Filed On: May 6, 2024, Case #: 2:16cv2276, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Tax, Banking / Lending, Foreclosure
J. Boulware denies the real estate broker's motion for summary judgment on multiple allegations against other brokerage entities involving theft of trade secrets stemming from nondisclosure agreements from a brokerage acquired from bankruptcy proceedings and the new employment of its brokers. There are disputed facts as to whether a new employer took intentional acts to disrupt the confidentiality provisions of a contract. Factual issues remain on key elements of the causes of action.
Court: USDC Nevada, Judge: Boulware , Filed On: March 31, 2024, Case #: 2:15cv531, NOS: Other Contract - Contract, Categories: Bankruptcy, Real Estate, Trade Secrets
J. Boulware denies the subcontractor's motion for summary judgment. After issues with securing government funds for its work on Nellis Airforce Base, the contractor communicated with the electrical subcontractor regarding tracking of expenses. The subcontractor replied with altered invoices, eventually refusing to endorse a payment check for less than the claimed amount. Many disputes of material fact on fraud and contract claims and counterclaims remain.
Court: USDC Nevada, Judge: Boulware, Filed On: March 31, 2024, Case #: 2:21cv573, NOS: Miller Act - Contract, Categories: Fraud, Government, Contract
J. Boulware denies the bank's renewed motion for judgment as a matter of law. A property investor claims the bank committed trade secret misappropriation by using its customer lead list. The bank's insufficiency of evidence argument improperly focuses on select leads in the list as being publicly available, and, therefore, not secrets. However, evidence presented shows the list was confidential.
Court: USDC Nevada, Judge: Boulware , Filed On: March 30, 2024, Case #: 2:15cv510, NOS: Other Contract - Contract, Categories: Property, Trade Secrets, Banking / Lending
J. Boulware denies the cardiovascular filter manufacturer's motion for summary judgment on a patient's allegations a blood clot filter was defective after she experienced a long period of complications. This resulted in the removal of the filter, but not a part that had embolized into her left lung. Though warranty breach counts are dismissed, the negligent misrepresentation claim only requires the manufacturer supplied warnings. The surgeon explained he read product warnings, noting if he had been aware of unincluded concerns, he would have selected an alternative device.
Court: USDC Nevada, Judge: Boulware , Filed On: March 30, 2024, Case #: 2:19cv1883, NOS: Tort Product Liability - Real Property, Categories: Negligence, Product Liability, Medical Malpractice
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J. Boulware grants the behavioral health group's motion to dismiss this breach of contract action. The parties are both citizens of Florida and, having already found that the commercial construction company is a citizen of Florida, the court is without subject matter jurisdiction.
Court: USDC Nevada, Judge: Boulware , Filed On: March 22, 2024, Case #: 2:21cv1790, NOS: Other Contract - Contract, Categories: Health Care, Jurisdiction, Contract
[Modified.] [Consolidated.] J. Boulware Eurie modifies a footnote and denies a rehearing with no change in judgment. The trial court was right to conclude that a staffing company hired by a subcontractor on public works projects was not a "laborer" under the mechanics' lien law since it was acting as an employer that bestowed labor on a work of improvement. Also, the prevailing parties were properly awarded attorney fees because the mechanics' lien law governs the payment bonds that were issued on the projects. Affirmed.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: January 19, 2024, Case #: C096705, Categories: Constitution, Contract
J. Boulware-Eurie finds that a citation for a workplace safety violation was not supported by sufficient evidence that workers were exposed to the fungus that causes Valley Fever. However, the employer violated regulations by requiring workers to wear masks without evaluating their fitness to wear them. Reversed in part.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: October 16, 2023, Case #: C096704, Categories: Administrative Law
J. Boulware grants the income fund’s motion to dismiss this suit brought by the property owner whose mortgage ownership was reassigned multiple times without notice to her, and then recorded as defaulted on and sold. The income fund was not the original note or deed of trust holder and took no action to enforce the deed. The foreclosure was properly brought by the substitute trustee. The property owner has not pointed to any law that requires the district court to consider anything beyond the date and order of recording to determine when the documents became enforceable.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:22cv199, NOS: All Other Real Property - Real Property, Categories: Property, Due Process, Foreclosure
J. Boulware grants JP Morgan’s post-remand motion for summary judgment. JP Morgan was assigned the deed of trust to a property which had been foreclosed-upon and sold to the trust, four years after the sale. The trust had knowledge of a failure to provide notice of sale in the foreclosure sale and that exercising reasonable care would have put it on notice. Establishing constructive notice is sufficient for purposes of defeating a claim to be a bona fide purchaser.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:16cv2276, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Property, Foreclosure
J. Boulware grants the female romantic partner’s motion for default judgment in this fraudulent misrepresentation case arising from the male partner’s unwillingness to commit more time to the relationship. When the male partner expressed concern about losing money from not working, he stated he would hire the woman to work for his company. She then allegedly agreed to travel from Nevada to Dubai to meet the man at his request. No such employment existed, and the female has submitted credible evidence as to the items that the jewelry appraiser could use in his appraisal of gifts she received. Other evidence proves that there was a loss of income due to the female partner’s travels.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:14cv979, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Fraud, Contract
J. Boulware grants the employees’ motion for summary judgment in this employment discrimination action brought by the white, gay senior citizens who were not hired for positions in hospital nutrition services, for which they had experience and education. Though sex discrimination and ADA claims fail, they have shown that they were qualified for the jobs to which they applied. There is no dispute that they suffered an adverse employment action.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:21cv8, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Boulware denies MGM’s motion for summary judgment in this disability discrimination suit brought by the former spotlight operator for the Cirque du Soleil show. That the employee later received a reasonable accommodation for a preferable job is unrelated to whether his protected rights were violated in the first proceeding. A distinct and palpable injury has been properly asserted.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:20cv995, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Employment Discrimination
J. Boulware denies the credit reporting agency’s motion to dismiss this suit brought by the auto loan borrower who missed an auto-pay payment due to a clerical error with General Motors’ financial company. The agency did not conduct an investigation when the borrower reported the issue, but only forwarded an automated dispute to GM. “Many courts ... have concluded that where [an agency] is ... on notice that information received from a creditor may be suspect, it is unreasonable ... to simply verify the creditors’ information through the... [dispute verification] process without additional investigation.”
Court: USDC Nevada, Judge: Boulware, Filed On: September 29, 2023, Case #: 2:22cv1309, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Banking / Lending
J. Boulware grants the online casino’s motion to remand this patent infringement suit brought against its former employee who transferred to the casino full rights to an invention of his involving cashless gaming. The inventor has not satisfied his burden of showing why removal is appropriate, and when original jurisdiction exists under a certain U.S. Code, but the matter was filed in a state court, it may be removed to federal court. The case is to be remanded If, before final judgment, it appears that the district court lacks subject matter jurisdiction.
Court: USDC Nevada, Judge: Boulware, Filed On: September 25, 2023, Case #: 2:22cv2134, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction, Technology
J. Boulware Eurie finds that the trial court properly admitted screenshots of a rap video that show defendant's tattoo, blue clothes, a hand sign and other indicators of his association with the Crips that were relevant to show his motive for shooting a victim who was wearing red. The screenshots were not prejudicial since they were central to the state's claim that defendant believed the victim was in a rival Bloods gang and the video itself was not played. Also, recent legislation that limits the evidentiary use of forms of creative expression is not retroactively applicable. Affirmed.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: September 11, 2023, Case #: C096437, Categories: Murder, Gangs
J. Boulware grants the former UFC fighters’ motion to certify class as to actively competing fighters in their suit over the UFC’s dominance in mixed martial arts, allegedly because of anticompetitive behavior. The class contains over 1,200 members residing throughout the United States, making joinder impractical, and satisfying numerosity. All factors have been established for class certification, such as commonality, being that predominance has been established.
Court: USDC Nevada, Judge: Boulware, Filed On: August 9, 2023, Case #: 2:15cv1045, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action, Contract
J. Boulware Eurie finds that the trial court should have suppressed drugs found in defendant's car during a warrantless search subsequent to a traffic stop for missing vehicle tags. The reason for the stop ended once the officer saw the proper documentation in the vehicle's rear window and he unlawfully prolonged the stop to make further inquiries, which revealed evidence of criminality. Vacated.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: July 31, 2023, Case #: C096555, Categories: Drug Offender, Search
J. Boulware Eurie finds that the New Motor Vehicle Board properly approved the establishment of a new Honda dealership less than 10 miles from an existing Honda dealership. The Board was allowed by statute to rely on the car manufacturer's dealer performance standards when considering the likely impact on the existing dealer. The new dealership's peremptory challenge to the first administrative law judge who was assigned to hear the existing dealer's protest was allowed by the Board regulations. The Board was not required to entertain the existing dealer's late request to take official notice of Covid-19 effects on the sales environment. Affirmed.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: July 24, 2023, Case #: C095058, Categories: Administrative Law
J. Boulware Eurie finds that the trial court properly converted a criminal restitution order into a $1 million civil judgment against insurance fraudsters who falsely claimed they lost an original Van Gogh painting in a house fire. Statute authorizes trial courts to deem restitution orders money judgments, as crime victims may seek civil remedies for economic losses from criminal activity. Affirmed.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: May 26, 2023, Case #: C095606, Categories: Fraud, Insurance