Case Summaries

[03/09] Martinez v. Wells Fargo Home Mortgage, Inc.
In an action under Section 8(b) of the Real Estate Settlement Procedures Act (RESPA), and California's Unfair Competition Law (UCL), claiming that a mortgage lender charged plaintiffs an illegal underwriting fee, dismissal of the complaint is affirmed where: 1) the clear and unambiguous language of RESPA Section 8(b) did not reach the practice of "overcharging"; and 2) the UCL claims alleging "unfair" and "fraudulent" conduct were preempted by the National Bank Act, and the allegations of "illegal" conduct failed to state a claim.

[03/09] Hoopa Valley Tribe v. US
In an action against the United States for breach of fiduciary duty brought by the Hoopa Valley Tribe, arising from the distribution of the remainder in a Settlement Fund established under the Hoopa-Yurok Settlement Act only to the Yurok Tribe, summary judgment in favor of the government is vacated and remanded where: 1) the Hoopa Valley Tribe lacks standing because it cannot show an injury in fact; but 2) the matter should have been dismissed without prejudice

[03/03] Galbiso v. Orosi Pub. Util. Dist.
In plaintiff's action against a public utility district seeking a preliminary injunction to prevent the utility district from conducting a "tax sale" of plaintiff's parcels for the collection of sewer assessments and a petition for a writ of mandate to correct the utility district's alleged abuse of discretion, judgment sustaining defendant's demurrer is affirmed where: 1) the trial court correctly sustained a general demurrer to complaint for injunctive relief on all causes of action; 2) trial court correctly sustained the general demurrer to the writ of mandate petition; and 3) the trial court did not abuse its discretion in denying leave to amend.

[03/03] Fed. Ins. Co. v. Commerce Ins. Co.
In plaintiff-insurance company's subrogation claim, district court's grant of summary judgment in favor of defendants in concluding that the implied coinsured doctrine controlled the outcome in this case and precluded the plaintiff from pursuing a subrogation claim is affirmed as plaintiff has not met its burden of proving that the "Responsibility for Damages" provision of a Residence and Care Agreement (RCA) overcomes the presumption that the landlord's insurance is held for the mutual benefit of both parties.

[03/01] Jimenez v. Rodriguez-Pagan
In plaintiffs' action for the share of her deceased husband's interest in an apartment complex development, district court's dismissal is vacated and remanded as the narrow conditions for Colorado River abstention are met here, and thus, the parallel action in federal court is ordered to stay pending the outcome of the Commonwealth court case.

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