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Arizona Court of Appeals Division Two holds that when a contract allows a party to elect which of several states’ laws apply, the party need not exercise its right before filing a substantive motion if its election does not contradict its earlier positions.
ZB, N.A. v. Hoeller – 4/25/2017
May 2, 2017
Arizona Court of Appeals Division One holds that when the promissory note’s choice-of-law provision conflicts with the choice-of-law provision in a related deed of trust, the promissory note’s provision controls in a deficiency action following a trustee’s sale.
American Power Products v. CSK Auto – 3/23/2017
May 2, 2017
The Arizona Supreme Court holds that when a contract (1) contains a provision awarding fees to the “prevailing party,” and (2) states that Arizona law governs the rights and remedies available under the contract, then A.R.S. § 12-341.01 provides the applicable definition of “prevailing party.”
Arizona Court of Appeals Division One holds that a former spouse is treated as a “spouse” for ASRS survivor benefits awarded under a domestic relations order.
Passmore v. McCarver – 4/6/2017
May 2, 2017
Arizona Court of Appeals Division One holds that a dismissal for failure to file preliminary expert affidavits in a medical malpractice case is a dismissal for failure to prosecute under Arizona’s savings statute.
Green Cross Medical, Inc. v. Gally – 4/18/2017
May 2, 2017
Arizona Court of Appeals Division One holds that a lease for a medical marijuana dispensary is not void for illegality.