24 results for 'judge:"Burns"'.
J. Burns finds that the lower court properly entered final judgment for the banking entities in this lawsuit stemming from the denial of a loan application. The applicant asserted claims for breach of fiduciary duty, fraud and promissory estoppel after its application was denied. Summary judgment was appropriate, however, since it "failed to raise a genuine issue of material fact as to each of the challenged elements." Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: March 19, 2024, Case #: 05-22-00635-CV, Categories: Fiduciary Duty, Banking / Lending
J. Burns grants a corrections management service's motion to dismiss an asylum seeker's state law negligence claims alleging that the United States caused her to suffer a miscarriage. An expert opined based on prior ultrasounds and doctor's visits that the asylum seeker's pregnancy failed prior to being apprehended by U.S. Border Patrol agents and that nothing could have been done to prevent the loss. Furthermore, the asylum seeker was given a bottom bunk, extra food and medical care, and fails to show that she wasn't provided proper care during her detention.
Court: USDC Southern District of California, Judge: Burns, Filed On: March 12, 2024, Case #: 3:20cv82, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immigration, Negligence
J. Burns conditionally grants the relators' petition for a writ of mandamus, in which they challenge the lower court's alleged failure to set a hearing on their dismissal motion under the Texas Citizens Participation Act. The relators acted with the required diligence in seeking the hearing, and there is no adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: March 11, 2024, Case #: 05-24-00195-CV, Categories: Civil Procedure
J. Burns denies a county's motion to bifurcate the family's Monell claims in a civil rights case over the death of an inmate. There is an overlap between the family's claims against the individual defendants for failure to train and the Monell claims against the county and the correctional group. The county has failed to show that having two separate trials would be more convenient, especially given the fact that the family would necessarily introduce the same evidence of past failures to train or supervise at both trials.
Court: USDC Southern District of California, Judge: Burns, Filed On: March 5, 2024, Case #: 3:20cv2096, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
[Consolidated.] J. Burns denies the city’s motion for rehearing in this case where the trial court properly tossed a taxpayer challenge to an initiative to raise the county sales tax by 0.5% to fund early childhood education and pediatric care. The opinion shall be modified and there shall be no change to the judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Burns, Filed On: February 23, 2024, Case #: A166401, Categories: Elections, Tax
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[Consolidated.] J. Burns finds that the trial court properly tossed a taxpayer challenge to an initiative to raise a county sales tax by one-half percent to fund early childhood education and pediatric care. While the state constitution requires electors to pass tax increases by a two-thirds majority, a simple majority vote is required to pass a citizen initiative. Also, the initiative did not violate the single-subject rule since early childhood education and healthcare are functionally related. Affirmed.
Court: California Courts Of Appeal, Judge: Burns, Filed On: January 29, 2024, Case #: A166401, Categories: Elections, Tax
J. Burns finds that the lower court properly granted the appellee real estate brokers' summary judgment motions in this lawsuit brought by a homeowner who allegedly entered into a listing agreement with the appellees but then decided not to sell her home. The evidence shows that the brokers earned a commission when the agent "procured the buyers, who were ready, willing, and able to buy the property" at an acceptable price. Also, the homeowner's alleged damages did not result from a breach of fiduciary duty by the appellees. Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: December 11, 2023, Case #: 05-22-01252-CV, Categories: Real Estate, Damages, Contract
J. Burns vacates the court's prior opinion and enters the current opinion, holding that the lower court properly entered a modified supersedeas order. The order at issue increased the supersedeas bond, and there was no abuse of discretion with the order, as there was a change in circumstance. Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: November 29, 2023, Case #: 05-23-00088-CV, Categories: Civil Procedure
J. Burns denies a motion for rehearing filed by a company accused of infringement in a trade secrets case. The trial court properly held the company cannot compel arbitration against the semiconductor manufacturer whose trade secrets were allegedly misappropriated by its former employee, as it is not party to the employee's contract with his previous employer.
Court: California Courts Of Appeal, Judge: Burns , Filed On: November 20, 2023, Case #: A165378, Categories: Arbitration, Trade Secrets
J. Burns finds that the trial court must stay trade secret litigation against a company that allegedly received confidential information from an employee it poached from a competitor. The stay should remain in force for the duration of arbitration proceedings between the employee and his previous employer, the competitor. However, the trial court was right that the company cannot require the arbitration of the previous employer's trade secret claims against the company because the company was not a party to an arbitration agreement. Reversed in part.
Court: California Courts Of Appeal, Judge: Burns, Filed On: November 1, 2023, Case #: A165378, Categories: Arbitration, Employment, Trade Secrets
J. Burns finds that the lower court properly signed a possession order in this guardianship proceeding. Contrary to the mother's argument on appeal, the possession order does not prevent her "from having any possession of the Ward," and it does not give a non-guardian superior rights to her. Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: October 12, 2023, Case #: 05-21-00921-CV, Categories: Civil Procedure, Guardianship
J. Burns finds that the lower court properly entered two orders relating to the supersedeas bond in this case. The court did not abuse its discretion by ordering "that certain trust assets be placed in the trial court's register" or by increasing the amount of the bond. Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: August 21, 2023, Case #: 05-23-00088-CV, Categories: Civil Procedure, Damages
J. Burns finds that the lower court properly granted summary judgment to the appellant's former employer in this lawsuit alleging discrimination, retaliation and a hostile work environment. The former employee failed to exhaust his administrative remedies as to the hostile work environment claims based on race or sex. Also, as it relates to his termination, he does not adequately rebut the employer's "legitimate, non-discriminatory reason for his discharge." Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: August 18, 2023, Case #: 05-21-01066-CV, Categories: Employment Discrimination, Employment Retaliation
J. Burns grants the U.S. States Forest Service's motion to dismiss a property owner's complaint alleging an unlawful taking of his property. The court lacks jurisdiction over the property owner's Takings Clause claim. The amount in controversy is likely to be in excess of $10,000 because the owner is seeking payment of the market value of 163 acres of property that he says he is no longer able to use for agricultural operations. The Court of Federal Claims is the appropriate venue.
Court: USDC Southern District of California, Judge: Burns, Filed On: August 16, 2023, Case #: 3:20cv1046, NOS: All Other Real Property - Real Property, Categories: Government, Property
J. Burns finds that the trial court properly dismissed a patient's unfair competition claim against a drug maker for lack of standing. He argued the drug maker should have made single-use vials of a lymphoma drug in a variety of sizes so patients would not be forced to waste unused portions. But he did not suffer economic injury since his deductible would be the same regardless of vial size, and he cannot use the collateral source rule to borrow an injury from his insurer to establish standing under the unfair competition statute. Affirmed.
Court: California Courts Of Appeal, Judge: Burns, Filed On: August 11, 2023, Case #: A164426, Categories: Civil Procedure, Unfair Competition
J. Burns finds that a marine cleaning service may pursue negligence claims against the Department of the Navy for allegedly failing to prevent a fire from destroying its equipment. The government argues that the claims in the lawsuit sound in contract and, therefore, the marine cleaning service was required to first exhaust its administrative remedies pursuant to the Contract Disputes Act. However, the cleaning service's claims "are entirely based in admiralty tort, thus falling within the purview of this court's jurisdiction."
Court: USDC Southern District of California, Judge: Burns, Filed On: July 26, 2023, Case #: 3:22cv741, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Admiralty, Government, Tort
J. Burns conditionally grants the relator's petition for a writ of mandamus, in which she challenges an order granting a new trial motion in the underlying divorce proceeding. The motion for new trial was untimely filed, and the real party in interest failed to establish the exception to the 30-day rule. Accordingly, the lower court had lost plenary power, and the petitioner is entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: June 28, 2023, Case #: 05-22-01070-CV, Categories: Civil Procedure, Family Law