Monday, February 16, 2009

Now we know who is *really* clogging Utah's courts

Some interesting stories recently involving the case load in Utah's court system. Yesterday, D-News columnist Lee Benson mentioned that lawsuits by payday lenders comprise more than half of the Small Claims Court filings in Salt Lake County, and three-quarters of the filings in Utah County. Wow.

And who is complaining the most about boosting court filing fees, according to the Tribune? Debt collectors - because the vast majority of lawsuits these days are commercial, not "tort" or personal injury, as Republican lawmakers sometimes imply. The same has been true historically: Two years ago, I reviewed an extended period of Utah state court filings and determined that only 16% of the cases filed involved "torts." (I put "torts" in quotes because many Business v. Business lawsuits actually involve tort claims, such as trade secret misappropriation, fraud, etc. But uninformed people like Mitt Romney use the word "tort" synonymously with personal injury.)

For your insomnia cure reading pleasure, here is an actual typical filing day in Utah, as summarized by a commercial company. (Incidentally, the hospital lien cases were filed by our own Utah Sen. Steve Urquhart.)


3rd Judicial District Court Salt Lake County

Ronald C. Barker
v.
JPMorgam Case Bank NA
1/22/2009 090901122 Fratto
Action for negligence and failure to act. The plaintiff deposited a check for $194,000 and the wired the money into two overseas accounts. One of the overseas banks said the money was part of a fraud and that the check was probably forged. The defendants should have spotted the fake check. The plaintiff asks for $124,000. Paid download


Colonial Pacific Leasing Corp.
v.
Black Ridge Homes Inc.; Jaren D. Spencer
1/22/2009 090901149 Barrett
Account action. The defendants owe $99,000 for leased equipment.


Thor Construction LLC
v.
D&F Construction LLC
1/22/2009 090901143 Faust
Account action. The defendant owes $25,000 for unspecified materials and labor.


Michael Landes
v.
The Lodge at Snowbird Owners Association Inc.; Wayne G. Petty; Bob Bonar; Exchange Holdings Corp. VII; Ed Davies; Robert P. Shockley; Gippsland Basin Company LLC, a Florida company; Bass Straight Company LLC; Does
1/22/2009 090901145 Iwasaki
Deprivation without due process complaint. A lien for $10,000 was placed on the plaintiff's vacation home without adequate notification.


Aspen Press Company LC
v.
Agape Printing; Kenneth Anderson; Shelby K. Duran
1/22/2009 090901152 McCleve
Open account action. The defendants owe $7,000 on an open account.


Sysco Intermountain Food Services Inc.
v.
Jon Matonis dba Gandolfo's of Centerville; Patrick Hobbs
1/22/2009 090901144 Fratto
Open account action. The defendants owe $4,000 on an open account.


IHC Health Services Inc. dba Cottonwood Hospital
v.
Progressive Direct; Jose Loyaza
1/22/2009 090901153 Peuler
Hospital lien violation. Cottonwood Hospital treated a patient who was injured in a car accident, and not covered by workers compensation.


IHC Health Services Inc. dba LDS Hospital
v.
Property & Casualty Insurance of Hartford
1/22/2009 090901155 McCleve
Hospital lien violation. Cottonwood Hospital treated a patient who was injured in a car accident, and not covered by workers compensation.


IHC Health Services Inc. dba Intermountain Medical Center
v.
Victoria Insurance Company
1/22/2009 090901156 Dever
Hospital lien violation. Cottonwood Hospital treated a patient who was injured in a car accident, and not covered by workers compensation.


Thomas Snow Removal LLC, a division of D. Thomas Companies LLC
v.
Bennion Care Center
1/22/2009 090901146 Medley
Contract complaint. The plaintiff provided snow removal services to the defendant and has not been compensated.


Collin Van Kleeck
v.
Mark Wisniewski; Dwell Properties LLC
1/22/2009 090901150 Medley
Contract lawsuit. The plaintiff purchased property from the defendant with the promise certain improvements would be made before the sale was finalized. Those improvements were not made.


Donita P. Smith
v.
Aimco/Brandywine LP dba Somerset Village Apartments; Does
1/22/2009 090901137 Quinn
Slip and fall complaint. The plaintiff tripped while taking trash out to the dumpster in the dimly lit parking lot of the apartment complex.


4th Judicial District Court Utah County


Bryan Call; Call Auto Enterprises Inc.; Private Capital Group Inc.
v.
BBP Alta LLC; BBP Makaha LLC; Does
1/20/2009 090400123 Taylor
Collection action. The defendants owe $1.3 million on a loan.


Vollkommen Construction LLC
v.
Cody Heward; CK Holdings LLC
1/21/2009 090400170 Davis
Loan action. The defendants owe $218,000 on a loan.


John Marcum
v.
J Ballard Homes Inc.
1/5/2009 090400086 Mortensen
Notice of transfer. The defendant sold a piece of property to the plaintiff with the intention of leasing it back. J Ballard Homes owes $38,000.


Granite LLC
v.
Jason L. Holt; Kelli Holt; Wasatch Homes LLC; Wasatch Home Construction LLC; Jason and Kelli Holt Family LP; Jason Holt Construction Inc.; Wasatch Homes at Sand Dunes LLC; Wasatch Homes at Suncrest LLC; Wasatch Homes at County South LLC; Todd Heaps; Danielle Heaps; Steven P. Yandura; Jill E. Yandura; M&T Bank; Hartland Mortgage Centers Inc.; Citimortgage Inc.; Citibank NA; Mortgage Electronic Registration Systems Inc.; Zions First National Bank; Does
1/16/2009 090400154 Taylor
Mechanic's lien. The defendants owe $25,000 for labor and materials on three different properties.


AFCC Limited
v.
It's About Time Inc. dba My Girlfriend's Kitchen; Darlene Madison ; Brea Mefford; The Scenic Life LLC; Kevin Winder; Melissa Winder
1/8/2009 090100042 Maetani
Lease action. The defendant owes $19,000 in back rent.


Sierra Forest Products Inc.
v.
Black Rock Building Group LLC dba Valley Mill Works LLC
1/7/2009 090100027 Maetani
Account action. The defendant owes $17,000 for wood products.


AFCC Limited
v.
Rycorp Inc. dba Contours Express; Stephen D. Rollins; The Seven C's LLC
1/8/2009 090100043 Maetani
Lease action. The defendant owes $17,000 in back rent.


Sherwood Hockey Inc.
v.
Norquay Investments LLC dba Crazzy Canuck Inc.
1/21/2009 090100160
Contract lawsuit. The defendant owes $12,000 for goods and services.


AFCC Limited
v.
RedQ Inc. dba Sunglasses Only; Jay R. Bean
1/14/2009 090100122 Maetani
Lease action. The defendants owe $10,000 in back rent.


Mountainland Supply LLC
v.
J Noyes Plumbing LLC; Justin Noyes
1/20/2009 090400159 Taylor
Account complaint. The defendant owes $8,000 for goods or services.


Sandra Harris
v.
STN Inc.
1/12/2009 090100092 Maetani
Lease agreement. The defendant owes $6,000 in back rent.


Western Chain Link Fence Company Inc. dba Western Fence Company
v.
C&B Concrete and Construction Company dba Wadsworth Custom Homes; David Garstin; Does
1/20/2009 090100143 Maetani
Account action. The defendants owe $6,000 in labor and supplies.


Moutainland Supply LLC
v.
Lone Star Excavation Inc. Ron Wyatt aka Ronald O. Wyatt
1/16/2009 090400133 Taylor
Contract action. The defendants owe $6,000 for goods and services.


Western Chain Link Fence Company Inc. dba Western Fence Company
v.
C&B Concrete and Construction Company dba Wadsworth Custom Homes; Augie Bove; Does
1/20/2009 090100144 Maetani
Account action. The defendants owe $4,000 in labor and supplies.


El Mexicano Market Inc.
v.
Los Pericos Mexican Restaurant LLC
1/9/2009 090100041 Maetani
Bad check action. The defendant bounced several checks totaling $3,000.


Peachtree Estates Condominium Owners Association Inc.
v.
Red Point Land & Development LLC
1/14/2009 090100039 Maetani
Account action. The defendant owes $2,000 for unspecified services.


Western Chain Link Fence Company Inc. dba Western Fence Company
v.
C&B Concrete and Construction Company dba Wadsworth Custom Homes; Francois Rodriquez; Does
1/20/2009 090100142 Maetani
Account action. The defendants owe $2,000 in labor and supplies.


Department of Workforce Services
v.
Susan Hayes; Primrose Retreat LLC
1/16/2009 090400140 Howard
(Provo)
Civil enforcement action. The defendant failed to deposit. $2,000.


Mountainland Supply LLC
v.
Kasey King dba King Ranch
1/16/2009 090400142 Taylor
Account complaint. The defendant owes $2,000 for goods or services.


Urg Inc.
v.
Ted Hansen; Rockpoint Holding LLC
1/20/2009 090100154 Maetani
Account action. The defendants owe $1,000 on an outstanding account.


Contractors Heating-Cooling Supply LLC
v.
Rocky Ridge Air LLC; Richard Bunker
1/16/2009 090400144 Howard
Contract complaint. The defendants owe $1,000 for goods or services.


2nd Judicial District Court Davis County

Staker & Parson Companies
v.
Maestro Builders LLC; Luke Watkins; Jared Barnes; Fitz Roy LLC; Sean D. Nelson; Sheri B. Nelson; Does
1/23/2009 090800091 Dawson
Contracts complaint.


3rd Judicial District Court Tooele County

Colonial Pacific Leasing Corporation
v.
Double D. Excavation LLC
1/23/2009 090300120 Henriod
Contracts complaint.


3rd Judicial District Court Summit County

Business Commons III LLC
v.
Ciralight Inc. dba Nature's Lighting; Jacqueline Stevens
1/23/2009 090500061 Lubeck
Contracts complaint.


George Fleming; Janis Fleming
v.
DST Homes Inc.
1/23/2009 090500062 Hilder
Miscellaneous complaint.


Lynn Luke dba Rock Mountain Logs LLC
v.
First Western Capital Co.; Century Windows & Doors LLC; Country Wood Homes LLC; Clayton W. Thorn
1/23/2009 090500063 Lubeck
Miscellaneous complaint.


5th Judicial District Court Washington County

Tracy L. Zachwieja
v.
American Family Mutual Insurance dba American Family Insurance Group; Does; Roe Corporations
1/20/2009 090500251 Ludlow
Personal injury complaint.


8th Judicial District Court Duchesne County

Premier Bank
v.
Tabby Mountain Ranch LLC; Gary Stringham; William W. Wall; Ray Schoenfelder
1/23/2009 090800018 Payne
Contracts complaint.


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Sofia said...

Wow, that's a lot of debt. I didn't imagine that it would reach millions! Anyway, there are a lot of firms in Utah that can give you a payday loan. Utah, as you've mentioned, has a lot of lenders. That business is very strong because they can give you cash advances, payday loans, secured or unsecured loans fast.

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