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10 Utah opinions name it 2 courts 2008–2023 1 in the last five years
The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Parkside Salt Lake Corp. v. Insure-Rite, Inc.green2 sentences2015In Parkside Salt Lake Corp. v. Insure-Rite, Inc., 2001 UT App 347 , 37 P.3d 1202 , this court determined that a valid endorsement requires that the number of days for response to the summons be handwritten and that a summons must strictly comply with this requirement. 2015See Utah Code Ann. § 78B-6-807(8) (LexisNexis 2012); Parkside, 2001 UT App 347, ¶¶21-22 , 87 P.3d 1202 . 4 Accordingly, the unlawful *710 detainer statute was not properly invoked and the district court did not have authority to consider the unlawful detainer claim. - T30 Landlord argues that the defective summons should be overlooked and the court's ruling on the unlawful detainer action should stand because Tenants waived any jurisdictional defense by appearing and defending against the unlawful detainer claim. | 1 | 1 |
Dishinger v. Pottergreen2 sentences2010See Jensen v. IHC Hosps., Inc., 2003 UT 51, ¶ 137 , 82 P.3d 1076 (holding that where the jury found that physician was not negligent, a fraudulent concealment claim based on alleged attempts to conceal malpractice also must fail because negligence was a factual predicate of the fraudulent concealment claim); see also Dishinger v. Potter, 2001 UT App 209, ¶ 30 , 47 P.3d 76 (holding that where the jury's special verdict answers established accord and satisfaction as a matter of law, landlord was precluded from prevailing on an unlawful detainer claim). 2010See Jensen v. IHC Hosps., Inc., 2003 UT 51, ¶ 137 , 82 P.3d 1076 (holding that where the jury found that physician was not negligent, a fraudulent concealment claim based on alleged attempts to conceal malpractice also must fail because negligence was a factual predicate of the fraudulent concealment claim); see also Dishinger v. Potter, 2001 UT App 209, ¶ 30 , 47 P.3d 76 (holding that where the jury's special verdict answers established accord and satisfaction as a matter of law, landlord was precluded from prevailing on an unlawful detainer claim). | 1 | 1 |
Perkins v. Spencergreen2 sentences2010The statute also provides specific procedures for the service of that notice, id. § 78B-6-805, which “must be strictly complied with in order to enforce the obligations imposed by [the statute].” Perkins v. Spencer, 121 Utah 468 , 243 P.2d 446, 449 (1952). 2010The statute also provides specific procedures for the service of that notice, id. § 78B-6-805, which “must be strictly complied with in order to enforce the obligations imposed by [the statute].” Perkins v. Spencer, 121 Utah 468 , 243 P.2d 446, 449 (1952). | 1 | 1 |
Jensen v. IHC Hospitals, Inc.green2 sentences2010See Jensen v. IHC Hosps., Inc., 2003 UT 51, ¶ 137 , 82 P.3d 1076 (holding that where the jury found that physician was not negligent, a fraudulent concealment claim based on alleged attempts to conceal malpractice also must fail because negligence was a factual predicate of the fraudulent concealment claim); see also Dishinger v. Potter, 2001 UT App 209, ¶ 30 , 47 P.3d 76 (holding that where the jury's special verdict answers established accord and satisfaction as a matter of law, landlord was precluded from prevailing on an unlawful detainer claim). 2010See Jensen v. IHC Hosps., Inc., 2003 UT 51, ¶ 137 , 82 P.3d 1076 (holding that where the jury found that physician was not negligent, a fraudulent concealment claim based on alleged attempts to conceal malpractice also must fail because negligence was a factual predicate of the fraudulent concealment claim); see also Dishinger v. Potter, 2001 UT App 209, ¶ 30 , 47 P.3d 76 (holding that where the jury's special verdict answers established accord and satisfaction as a matter of law, landlord was precluded from prevailing on an unlawful detainer claim). | 1 | 1 |
People v. Ramos Justinianogreen1 sentence2008This would necessarily mean that the LLC had no obligation to pay rent to Hunting and there was no tenancy agreement of any kind between the parties-a crucial issue for an unlawful detainer claim, see Holladay Coal Co. v. Kirker, 20 Utah 192 , 57 P. 882, 884 (1899) ("[Aletions of unlawful detainer presuppose ... the existence of the relation of landlord or tenant. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Agusta National Trust 1
green
1 sentence2023If [Michele] had not resided in the Draper [House], she would have incurred living expenses to live elsewhere. ¶33 Based on this analysis, the court concluded that Michele “failed to show that the [Agusta Trust] was unjustly enriched by the amounts she paid while living in the Draper [House] and therefore she [could not] meet the second prong of the alter ego test and [was] not entitled to claim the amounts at issue here as a setoff against the [Appellees’] damages associated with their Unlawful Detainer claim.” A few months later, the district court entered a judgment against Michele for dama | 1 | 2023–2023 |
Koerber v. Mismash
green
2 sentences2017"Because we have resolved the unlawful detainer issue on other grounds, we need not reach [those] argument[s].” Cf. Koerber v. Mismash, 2015 UT App 237 , ¶ 30 n.6, 359 P.3d 701 (declining to reach the notice-to-quit issue after resolving the unlawful detainer claim on the summons issue). 2017"Because we have resolved the unlawful detainer issue on other grounds, we need not reach [those] argument[s].” Cf. Koerber v. Mismash, 2015 UT App 237 , ¶ 30 n.6, 359 P.3d 701 (declining to reach the notice-to-quit issue after resolving the unlawful detainer claim on the summons issue). | 1 | 2017–2017 |
Osguthorpe v. Wolf Mountain Resorts, L.C.
green
2 sentences2017These notice requirements apply where, as alleged here, the tenant “suffers, permits, or maintains on or about the premises' any nuisance,” “commits a criminal act on the premises,” or “failfs] to perform any condition or covenant of the lease.” See id. § 78B-6-802(f)-(h). ¶ 23 In sum, “[t]he statutory procedure for an unlawful detainer claim mandates a three-day window for a tenant, served with notice, to either quit the pi'emis-es or ‘save the lease from forfeiture.’ ” Osguthorpe v. Wolf Mountain Resorts, L.C., 2010 UT 29, ¶ 22 , 232 P.3d 999 (quoting Utah Code Ann. § 78B-6-802(2). 2017These notice requirements apply where, as alleged here, the tenant “suffers, permits, or maintains on or about the premises' any nuisance,” “commits a criminal act on the premises,” or “failfs] to perform any condition or covenant of the lease.” See id. § 78B-6-802(f)-(h). ¶ 23 In sum, “[t]he statutory procedure for an unlawful detainer claim mandates a three-day window for a tenant, served with notice, to either quit the pi'emis-es or ‘save the lease from forfeiture.’ ” Osguthorpe v. Wolf Mountain Resorts, L.C., 2010 UT 29, ¶ 22 , 232 P.3d 999 (quoting Utah Code Ann. § 78B-6-802(2). | 1 | 2017–2017 |
In the Matter of the Estate of Joseph R. Wilcock (Wilcock v. Wilcock)
green
2 sentences2016“We review a trial court’s denial of discovery sanctions under an abuse of discretion standard,” Hull v. Wilcock, 2012 UT App 223, ¶ 36 , 285 P.3d 815 (citation and internal quotation marks omitted), but no abuse of discretion has been shown here. 2016“We review a trial court’s denial of discovery sanctions under an abuse of discretion standard,” Hull v. Wilcock, 2012 UT App 223, ¶ 36 , 285 P.3d 815 (citation and internal quotation marks omitted), but no abuse of discretion has been shown here. | 1 | 2016–2016 |
Bichler v. DEI Systems, Inc.
green
2 sentences2012Dudley relies on Bichler v. DEI Systems, Inc., 2009 UT 63 , 220 P.3d 1203 , to support his argument that the rescission is outside the scope of an unlawful detainer claim. 2012Dudley relies on Bichler v. DEI Systems, Inc., 2009 UT 63 , 220 P.3d 1203 , to support his argument that the rescission is outside the scope of an unlawful detainer claim. | 1 | 2012–2012 |
Dejavue, Inc. v. U.S. Energy Corp.
green
1 sentence2010Had any of Strand's counterclaims succeeded, Golden Meadows could not have prevailed on its unlawful detainer action. 135 "[When a plaintiff brings multiple claims involving a common core of facts and related legal theories, and prevails on at least some of its claims, it is entitled to compensation for all attorney fees reasonably incurred in the litigation." Id. | 1 | 2010–2010 |
P.H. Investment v. Oliver
green
2 sentences2009Investment that if a tenant could not bring a breach of the warranty of habitability as a defense or counterclaim to an unlawful detainer claim, "the tenant would be required to vacate before being able to raise the breach, a result entirely inconsistent with the policy behind our adoption of the implied warranty." 818 P.2d at 1021 . 2009Investment that if a tenant could not bring a breach of the warranty of habitability as a defense or counterclaim to an unlawful detainer claim, "the tenant would be required to vacate before being able to raise the breach, a result entirely inconsistent with the policy behind our adoption of the implied warranty." 818 P.2d at 1021 . | 1 | 2009–2009 |
Holladay Coal Co. v. Kirker
neutral
1 sentence2008This would necessarily mean that the LLC had no obligation to pay rent to Hunting and there was no tenancy agreement of any kind between the parties-a crucial issue for an unlawful detainer claim, see Holladay Coal Co. v. Kirker, 20 Utah 192 , 57 P. 882, 884 (1899) ("[Aletions of unlawful detainer presuppose ... the existence of the relation of landlord or tenant. | 1 | 2008–2008 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.