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Arizona Court of Appeals Division One defines the limits of the procedural safe harbor in the Arizona Nonprofit Corporation Act (the “Nonprofit Act”) and holds that if a director discloses facts about one transaction, the safe harbor for that transaction does not extend to a later, distinct transaction even if the later transaction has a related subject matter or could loosely be considered a continuation of the earlier transaction.
Secure Ventures, LLC v. Johnson (5/5/2020)
July 29, 2020
Arizona Court of Appeals Division One holds that jurisdiction for forcible detainers brought by an owner who acquired title through a trustee’s sale rests solely with superior courts, and not justice courts.
Arizona Court of Appeals Division One holds that when a deed reserves an estate in all minerals for the grantor, and separately allows the grantor to remove sand, stone, rock, and clay as necessary to remove minerals, then sand, stone, rock, and clay are not minerals under the deed.
McDaniel v. Banes (7/23/2020)
July 29, 2020
Arizona Court of Appeals Division One holds that the application of the four-year statute of limitations to an amended foreign judgment runs from when it is amended, not when it was originally issued.
Ibarra v. Gastelum – 7/23/2020
July 27, 2020
Court of Appeals Division One holds that the statutory duty to keep an apartment in a fit and habitable condition does not justify a negligence per se jury instruction.
Arizona Court of Appeals Division Two holds that plaintiffs are not barred from suing private employers under vicarious liability theories for acts of employees subject to the notice of claim statute, A.R.S. § 12-821.01.
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