Latest 2 Cases: Fell v. Fat Smitty's (Business Law), Lorenzen v. Pearson (Civil Procedure)

Reflections on the Movement in California to Repeal the State’s Ban on Affirmative Action

VIKRAM DAVID AMAR

Illinois law dean and professor Vikram David Amar offers three observations on a measure recently approved by the California legislature that would, if approved by the voters, repeal Proposition 209, the voter initiative that has prohibited affirmative action by the state and its subdivisions since its passage in 1996. Amar praises the California legislature for seeking to repeal Prop 209 and for seeking to do so using the proper procedures, and he suggests that if Prop 209 is repealed, legal rationales for the use of race should be based not only on the value of diversity (as they have been for some time now), but also on the need to remedy past wrongs against Black Americans.

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Fell v. Fat Smitty's

Docket: 46993

Opinion Date: July 2, 2020

Judge: Moeller

Areas of Law: Business Law, Civil Procedure, Personal Injury

This case arose out of a stabbing that took place outside of an Idaho Falls bar. Steven and Audra Fell were patrons of the First Street Saloon, owned and operated by Fat Smitty’s L.L.C. (Fat Smitty’s). Towards the end of the evening, an altercation took place that resulted in Steven Fell being stabbed by another patron, LaDonna Hall. The Fells filed a complaint against Fat Smitty’s, alleging Fat Smitty’s breached its duty to: (1) warn the Fells, as invitees, of any hidden or concealed dangers in the bar; (2) keep the bar in a reasonably safe condition; and (3) protect the Fells from reasonably foreseeable injury at the hands of other patrons at the bar. The district court granted summary judgment in favor of Fat Smitty’s, ruling that the Fells’ claims were barred by Idaho’s Dram Shop Act because the Fells failed to give Fat Smitty’s timely notice of their claims. The Fells appealed the district court’s grant of summary judgment. Finding no reversible error, the Idaho Supreme Court affirmed.

Lorenzen v. Pearson

Docket: 46692

Opinion Date: July 2, 2020

Judge: Moeller

Areas of Law: Civil Procedure, Real Estate & Property Law

The Lorenzen Revocable Trust (“Lorenzen”) and David and Cynthia Pearson owned neighboring properties near Hayden Lake in Kootenai County, Idaho. The properties shared a common driveway. The properties were originally part of a 1,400 acre estate. Over the years, parcels were carved off the estate and frequently replatted. Two of those parcels included a cabin owned by Lorenzen and the “Red Barn” property owned by the Pearsons. The Pearsons purchased the Red Barn property in 2013 via quitclaim deed. Although the easement language was not in the Pearsons’ deed, the easements originally granted and reserved in a 1976 deed were recorded with the county and listed as exceptions from coverage in Pearsons’ title insurance policy. From 2013 onward, disputes over the shared driveway began. The disputes culminated in 2016 when Pearsons installed an electronic gate to control access to the shared driveway. In October 2016, Phyllis Lorenzen filed a complaint seeking a declaratory judgment to define the rights concerning the parties’ easement and access rights, as well as listing other causes of action. Four days later, Lorenzen filed a motion for a preliminary injunction against Pearsons, seeking to enjoin them “from blocking or otherwise interfering with access” via the shared driveway. The district court granted the motion for a preliminary injunction, ordering Pearsons to provide an access code or remote control to the gate and restraining both parties “from blocking or otherwise interfering with access” to their respective properties via the shared driveway. The next month, Phyllis Lorenzen passed away. Pearsons later filed an answer and counterclaim, arguing that Phyllis Lorenzen’s death “ended the express easement” from the 1976 quitclaim deed. They also filed a motion to dissolve the court’s prior preliminary injunction. The district court denied Pearsons’ motions, and the case proceeded to trial with the injunction remaining in effect. In 2018 following a jury trial, the district court issued a decision finding that the easement language in the quitclaim deeds was ambiguous; both parties had express easements granted to them as well as their heirs, successors and assigns. The district court then denied Pearsons’ motion to reconsider from the bench. Pearsons argued on appeal that the district court erred in establishing a legal description of the easement from the Plaintiff’s land survey. They argued this matter required another hearing to present evidence to establish an accurate metes-and-bounds description. The Idaho Supreme Court affirmed, finding Pearsons failed to provide an alternative metes-and-bounds survey for the district court to consider despite having had months to do so. "Only after their counsel was repeatedly unavailable to the court when it tried to request information or schedule such a hearing, did the district court accept and utilize the only legal description admitted as evidence. Pearsons cannot complain over the results of their inaction now, especially when they failed to object to the admittance of the land survey as evidence at trial."